All public documents must be certified by the agency producing such documents (a certification is a statement that the documents are true copies of an agency's records - the agency should be able to tell you how to get the records certified). A tenant with a month to month tenancy must tell the landlord they are not renewing one month in advance. 104 Lewis Street, Southampton, NY 11968 is a single family home not currently listed. New York State law requires that the rent receipts include: the date you paid the rent, the amount that you paid, the amount of time that the money is paying for, the place being rented (i.e. This Court strongly recommends that you retain an attorney. Family Law Both you and your landlord must live up to that contract. Your landlord must let you know he is taking you to court by sending you legal papers. To seek legal guidance regarding a property transaction or dispute, call The Nathanson Law Firm LLP at 516-568-0000 or contact us online to schedule an appointment. This is called retaliatory eviction and it is against the law. Call us at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. Bring photocopies of documents that help you prove your arguments. If the landlord doesnt keep his word or doesnt take care of the repairs quickly, send the landlord a letter, asking him to make the repairs. When you move out, the landlord cannot deduct any of your security deposit based on these pre-existing conditions. Nassau County Office. (631) 878-8757. If you do not agree to pay the new amount, the landlord cannot evict you for nonpayment, but can end your tenancy by giving you appropriate notice and then bringing a holdover eviction proceeding. New York landlords must give the following mandatory disclosures: New York state law prohibits landlords from locking tenants out, especially as a form of retaliation. What should I bring to Court on the court date? Most areas have dedicated inspections departments which enforce code compliance. If a part of your lease violates the law, that part of the lease is invalid and cannot be enforced, but that does not mean the entire agreement is invalid. Proceedings to recover real property require knowledge of the law and familiarity with local rules and practices. You are responsible for paying the rent on time. A hearing is scheduled 3-8 days after the court receives the tenant's reply. Or, tell the judge how long you will need to move and ask for more time (if you need it). If you have lived there for less than 1 year and do not have a lease with a term of at least 1 year, your landlord must provide you with 30 days notice; If you have lived there for more than one year, but less than 2, or have a lease term of at least one year, but less than 2, your landlord must provide you with 60 days notice; If you have lived there for more than 2 years or have a lease term of at least 2 years, your landlord must provide you with 90 days notice, a copy of the lease (if you have a written one), a receipt or canceled check for your security payment, receipts for any repairs that you have made to the rental property. DC-149R. The NYS Attorney General's Tenants' Rights Guide has additional information. Include a stamped self-addressed envelope with the proposed papers or written request. Complaints about vacant and abandoned properties can be reported to the Department through our toll-free hotline (800-342-3736), or via the DFS online complaint portal. Try to work out an agreement with your landlord and get it in writing. Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. If you believe that you have been discriminated against in seeking housing based on Coronavirus, please contact Long Island Housing Services at 631-567-5111 ext. Phone (Nassau): 516-292-0400 (Also, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent). This is called a month-to-month tenancy. Without your permission, the landlord is trespassing unless there is an emergency he needs to address inside, such as a fire, gas leak or flood. Where there are several apartments in your building, sometimes the best way to solve problems is to form a tenant association. 378 para hablar con un investigador capacitado en equidad de vivienda. in the jurisdiction of Suffolk County, NY. Verified Attorney. If you are denied help from DSS, save the papers that say so and request a fair hearing (1-800-342-3334). If you receive court papers for an eviction, immediately contact an attorney to understand your rights. Providing different treatment to tenants that use a service or emotional support animal. If the tenant wishes to terminate a month-to-month tenancy, the tenant should give the landlord notice a full month before they intend to vacate the premises. PDF Heat and Hot Water - Homes and Community Renewal 220-238A) states that landlords have certain rights, such as the right to receive timely rent and the right to be reimbursed for damages that exceed normal wear and tear. If you think a landlord has discriminated against you, you can complain to Long Island Housing Services at (631) 567-5111. Always get a signed receipt for your rent. Llame a Long Island Housing Services al 631-567-5111 ext. How To Sell Your Property With Tenants On Long Island - Leave The Key In the District, Civil, Town and Village Courts, defendant's time to Answer starts . If you settle the case, the agreement will be put in writing in a document called a stipulation. The Law Office of Ronald D. Weiss, P.C., is a law firm comprised of attorneys and legal staff, that for almost 30 years, has concentrated in legally representing residents of Suffolk County and Nassau County, Long Island, New York, in bankruptcy cases under Chapters 7, 11, and 13 of the Bankruptcy Code, foreclosure defense litigation, mortgage . (Call the NY Public Interest Research Group NYPIRG for information on Small Claims at 516-222-0086). Keep a copy of the letter. But, DO NOT SPEND THE RENT MONEY. Refusing to rent, sell, or lease housing. If there is an elevator, your landlord must put a mirror inside so you can see if anyone is already in it. How long does it take to be evicted in Suffolk County? Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths Landlord-Tenant assistance If you need assistance with a landlord-tenant matter, please call Long Island Housing Services at 631-567-5111 ext. copies of all correspondence with the landlord. Last Updated: You let the landlord know about it, but he did not make the repairs. All future court dates, if any, will be set during court proceedings or upon notice by the court. We are available 24 hours a day, 7 . The official statement can be found here. If your landlord turns off your utilities, you can also call the Suffolk County Department of Health Services at 631-852-5900 or in Nassau, 516-227-9715 to ask for them to step in. U.S. Department of Housing and Urban Development Rental Assistance Listings, Community Development Corporation of Long Island Rental Listings, FBI Internet Crime Complaint Center (IC3), Office of the Attorney General Complaint Form. Suffolk County Landlord Tenant Attorneys - LII New York Attorney Directory Landlord Tenant Lawyer Serving Suffolk County, NY. The same rules do not apply to holdover proceedings. Super Lawyers. HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. Ronkonkoma Landlord-Tenant Lawyer Suffolk County NY You must let your landlord know when a repair is needed. Get a receipt for your security deposit and save it. Where a town ordinance prohibited renting without a rental permit, the absence of such a permit by the landlord would generally lead to the dismissal of a non-payment action. Generally, if a diligently prosecuted 2 to 3 months after service. Testimonials Legal assistance New York City Commission on Human Rights complaints - (212) 306-7450 (local law protects from discrimination based on source of income, including HCV/Section 8) Need Help? Tenants must give the landlord reasonable access to the property for necessary repairs, showings of the rental unit to prospective tenants or buyers, and other terms that may be agreed in the lease. It is important to know what these responsibilities are, and to take steps to protect them: Your landlord also has responsibilities when he rents you a place to live. Do not spend the rent money! April 25, 2023. Can I evict my son / girlfriend / roommate? Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. This legislation also prevents landlords from denying tenants on the basis of receipt of disability benefits, veterans benefits, or other government subsidies and non-wage income. Laws Standards and Codes - Suffolk County, New York For over 12 years, the Murtha Law Firm has affordably taken the pain & stress out of the eviction process, and our goal is to resolve matters as fast as legally allowable under the law. New York City has several local laws and regulations for landlords and tenants. What is a Landlord-Tenant (L&T) court case? Long Island Housing Services functions as the only Long Island based dedicated fair housing agency serving all of Nassau and Suffolk Counties. New York Eviction Laws: The Process & Timeline In 2023 However, no one can force you to settle a case. Need to report an illegal apartment - Holbrook, Suffolk County, Long Island, 25 replies Need information on landlord/tenant rights?, Long Island, 1 replies Tenant rights, help me understand, Long Island, 4 replies Need a Tenant Lawyer (mid suffolk), Long Island, 13 replies 1/2 cello rental in suffolk county, Long Island, 3 replies If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Usually a NOTICE OF PETITION and a PETITION. This may be served personally, but if you are not home, the sheriff will leave it with another responsible person who lives in your household OR will leave it on your door, window, or in your mailbox and mail it as well. Only the sheriff can move your things out if he has a court order and has served you with a 72-hour notice. If the petition is for non-payment of rent, please see Tenant Questions & Answers: Nonpayment Eviction Cases in New York State. T: 202-708-1112 375 or info@LIFairHousing.org to speak to a trained Fair Housing Investigator. If the Judge agrees with the objection, the Judge will say sustained and the evidence will not be admitted. Inform the landlord of any repair or maintenance issue. First, talk to your landlord. The Legal Process For Evicting Your Tenant Eviction proceedings for property located in the Town of Brookhaven take place in the Sixth District Court of Suffolk County, located at 150 West Main Street in Patchogue. A tenants association meets regularly to solve problems and improve conditions in their building. Can a Tenant Change the Locks in New York? (2) whether or not you have paid your rent. In addition to seeking help from a Long Island Housing Services counselor, you can learn about your rights by reading the New York State Attorney Generals Guide to Changes in Rent Law. Suffolk County Judicial Facilities Agency The Agency was created by Chapter 200 of the Law of 1999, State of N.Y. It is illegal for your landlord to lock you out, shut off your heat/water, take the doors off your apartment or remove your possessions without a court order. Discuss Your Needs with a Real Estate Attorney or Landlord-Tenant Lawyer in New York. If you can, take pictures of each room. Call us at Witkon Law to get expert advice right away. NYC also has additional disclosure requirements such as bedbug history. Landlord & Tenant FAQ's (housing, evictions), Post-judgment FAQ's (collecting, enforcing, vacating), How to request a stay of eviction or vacate a default L&T judgment (DC-420), Nassau County District Court L&T Forms and Guides for Landlords and Tenants, Tenant Questions & Answers: Nonpayment Eviction Cases in New York State, Tenant Questions & Answers: Holdover Eviction Cases in New York State, Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property, T-1407 NOTICE OF PETITION & T-1406 NON-PAYMENT PETITION, DIY INTERVIEW & FORMS: Small Property Owner Nonpayment Petition Program, Small Property Owner Licensee Holdover Petition Program, Small Property Owner Squatter Holdover Petition Program, T-1411 NOTICE OF PETITION & T-1410 HOLDOVER PETITION, setting a court date in order to ensure that Court will be in session, request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT, NYS Attorney General's Tenants' Rights Guide, New York Real Property Actions & Proceedings Article 7-A - (769 - 783), Suffolk County Bar Association for a free or low-fee consult, Order to Show Cause and supporting affidavit forms and instructions DC-420, DIY INTERVIEW & FORMS: Tenant Vacate Default Judgment Program, the PETITION and NOTICE OF PETITION generated by the, the original or certified copy of the deed to the building, the lease or written agreement for the party you are suing, if there is one, certified copies of registration statements (like the town's rent registration, or a multiple dwelling registration statement), any other documents that are relevant to the claims you are making, witnesses (like a superintendent, manager, or mechanic who can testify as to attempts to gain access and/or attempts to repair conditions, if conditions are an issue), rent receipts, checks or other proof of rent payments, the lease or written agreement for the apartment, if you have one, photographs of any conditions you are claiming, heat charts, if heat is an issue and you kept a record, receipts or bills for any money you claim you spent, any other documents that are relevant to your defense or to the claims you are making, witnesses (like a friend or neighbor who has seen a condition complained of, if conditions are an issue), A tenant may bring a special proceeding in L&T Court to recover possession of premises from which he or she has been forcibly put out or kept out (, a good reason for not appearing in Court, AND. Sometimes a Judge may ask some questions to clarify matters. The Judge may again ask questions. Jim Clark is a partner at: Contact Us. Whether you are a tenant or a landlord, we provide Landlord/Tenant Counseling to help you deal with issues related to security, eviction, habitability, rights, handicapped access, and more. The lease gives you the right to quiet enjoyment of the property until the lease end date. Ask him what to do in case of an emergency. If the landlord wins, the landlord is granted possession of the property. This is called cross-examination. As of October 12, 2019, if the landlord wishes to raise your rent by 5% or more, or if he does not want to renew the lease, he must give you a 30, 60 or 90 days notice depending upon how long you have lived there: Notice does not automatically let the landlord evict you. Cross-examination and perhaps additional questioning by the Judge may follow suit for each witness called. One to two weeks before you move out, the landlord must also give you an opportunity to inspect the premises with him or his agent. PDF Changes in New York State Rent Law - Attorney General of New York Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. Bring copies of the letters to your landlord, inspectors reports, pictures, witnesses and the rent money to court to prove your side of the story. April 16, 2020. The old bills will give you a history of past costs and a good idea of how much you will be paying for utilities and/or fuel each month. In New York, landlords must rent out only properties which are habitable. Corporations must have an attorney appear for them in Court. All Rights Reserved. Suffolk County Tenant Lawyer | Suffolk County Landlord Attorney | NY If all parties are present, the Judge will probably request that you try to settle the case - a voluntary, binding agreement that resolves the differences between the parties to a lawsuit. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. If the Judge disagrees with the objection, the Judge will say overruled and the evidence will be admitted and considered by the Court, or jury, if the hearing is proceeding by jury trial. For any rental property with three or fewer units. mechanisms or stove knob covers. Landlord Tenant Law & Evictions in Nassau County and Suffolk County, Long Island, New York is all we do. Sometimes a Judge may ask questions to clarify matters and/or to conduct the hearing in an expeditious manner. You can call the Town and inquire as to who is listed on the tax bill to make sure that the person renting to you actually owns the property. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. Tenant and homeowner rights . Providing a proper Predicate Notice content, timeliness and proper type of service is an element of the Landlords case. You can also file a fair housing complaint with HUD at (800) 669-9777. Bring pictures that show any serious problems with the premises. Can a Landlord Enter Without Permission in New York? Riverhead: 631-369-1112 Take photographs of the problems that can be photographed. If your landlord still refuses to fix the problem, you must decide if it is serious enough to fight. By law, building owners must provide all tenants with the following levels of heat and hot water: Heat (During the heating season, October 1 through May 31) Between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees; Tenants are allowed to change their locks at will, but must usually provide copies of new keys to the landlord. (Call NYPIRG for more information see p. 5). Welcome: To Long Island's Bankruptcy, Foreclosure, Negotiation The deposit cannot be greater than one months rent and is intended to cover damages beyond normal wear and tear. Scammers have many creative ways to cheat you out of your money, and they seem to come up with new ideas every day. All Landlord & Tenant Court courthouses are open Monday - Friday from 9 a.m. to 5 p.m. and are closed and locked from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon. Using applications that directly or indirectly put limits on preferences for prospective tenants. Check your local county and municipality for additional landlord tenant regulations. The landlord or the landlord's attorney will have a process server or any non-party over the age of eighteen (18) serve a copy of the papers filed with the Court on each tenant. In the event that your landlord sues you for nonpayment of rent, and the judge determines that the withholding of the rent was not reasonable, you will have to pay that money at that time in order to avoid being evicted. In other words, these things are included in your agreement whether your landlord tells you about them or not. Tenant and homeowner rights / Housing A sample letter to your landlord requesting repairs . If you want to move back, it is important to contact a lawyer or us at Nassau Suffolk Law Services to see if we can help you. Free Consultation. On occasion, Tenants may also file L&T cases either following an unlawful eviction (self-help by the Landlord) or to require a Landlord to fix a dangerous or life-threatening condition at the property. Unique in our multifaceted services and unparalleled in our commitment to fair housing advocacy and enforcement, Long Island Housing Services is nationally recognized and is one of the earliest private, fair housing nonprofits established in the USA. This is called repair and deduct. The information contained in this material is not legal advice. Talk to a lawyer to see if the problem is serious enough to withhold rent. New York state law adds additional protections for tenants on the basis of age, marital status, military status, sexual orientation, and gender identity. Your landlord may try to evict you for not paying your rent if you take this action.

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