• Summary proceedings for possession
• Breach of lease
• Cancellation or renewal of lease or lease options
• Sublease disputes and rent control problems
• Breach of covenant, or breach of warranty of habitability
• Cooperative conversions
• Mitchell-Lama housing
• Primary Residence Proceedings

I handle all matters relating to litigation and preservation of tenant rights inclusive of proceedings based upon claims of rent, repair (HP proceedings), warranty of habitability, holdover cases involving breach of lease, owner’s personal use,refusal to renew lease, nuisance, demolition, etc.,cooperatives and condominiums, commercial, office and Loft Law premises, in all New York City Courts and local New York State Supreme Courts; Conversion of Mitchell-Lama housing development to rental or cooperative housing, representing tenants in occupancy; Cooperative conversions in New York City representing tenants in occupancy; Administrative proceedings involving enforecemnt of tenant rights in rent regulated housing at NYC HPD and at New York State Division of Housing and Community Renewal (rent overcharge, harassment, lease refusal, rent reduction, PAR proceedings, Article 78 proceedings, etc.; Subleasing of rent regulated residential premises.

New York City is well-known for its rent-control and -stabilization regulations, along with the contentious nature of landlord-tenant relatonships these rules can generate. Landlords have been successfully lobbying in the last few years to reduce the impact of  rent regulation, restrict tenants' rights, and expand their abilities to deregulate apartments. This search for higher profits is often in direct conflict with tenants' fundamental need for decent housing.

If your landlord is trying to evict you, it’s imperative to get legal representation as soon as possible, especially if you live in a rent-controlled or rent-stabilized apartment; these are increasingly rare assets that can provide a home for you and your family for many years.

As a skilled New York Landlord/Tenant Attorney, I have the knowledge and expertise to provide the guidance you need to preserve your safe housing, protect your right to live in your own home, and conduct your business. I actively encourage knowledge of law by teaching lawyers and interested other persons at continuing legal education programs on this specialty. I have shared my experience in my community through leadership in local community and political organizations.

If you or someone you know needs the assistance of an experienced New York Landlord/Tenant Attorney, please call Steven W. Smollens at 212-619-7787, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Lease
The relationship between a landlord and tenant is created by a contract, express or implied. A landlord is one whose land or property is held by another subject to payment of rent. A tenant is one who holds the land of the landlord, and must pay rent for the use and occupancy of the land or property.

A lease is a contractual agreement that creates a landlord-tenant relationship. This contract defines the relationship between the parties, and contains provisions or clauses for the protection of both parties, including covenants, conditions, and conditional limitations.

Summary proceedings for possession
When a tenant breaches a lease or improperly retains possession, the landlord may regain possession through a suit for possession or summary proceeding. This process is known as actual eviction. The landlord must serve notice on the tenant before commencing the suit.

When a court issues a judgment for possession, the tenant must leave peaceably, or the landlord can have the judgment enforced by a sheriff, constable, or marshal, who will forcibly remove the tenant and his or her possessions.

Breach of lease
When a tenant breaches any lease provision, the landlord may sue for a judgment to cover past-due rent, damages to the premises, or other defaults. Likewise, when a landlord breaches any lease provision, the tenant is entitled to remedies.

While the initial plan is pending, the landlord may not refuse to renew the tenants lease. However, the landlord may insert a "90-day cancellation clause" in the new lease after an Eviction Plan is accepted for filing by the Attorney General and presented to the Tenants in Occupancy. Once the plan is declared effective, the landlord may cancel the lease of a non-purchasing tenant upon 90 days written notice. The tenant must comply with all terms in the new lease; if the landlord later cancels the lease, the tenant may recover all additional costs.

In a building with 4 or more residential units, the tenant may sublet the apartment to another party for the remainder of the lease. The tenant must provide a written notice by certified mail to the landlord that includes the name and address of the proposed sublessee and the term of the sublease. If the landlord refuses to grant permission to sublet the apartment and does not provide a reasonable basis for the denial, this denial is ineffective. A tenant who sublets his or her apartment is still responsible to the landlord for all the rent which is due under the lease and for any damage caused by the sublessee and the sublessee’s guests.

A tenant may not assign his or her lease without the landlord’s written permission. The assignment of a lease transfers all of the rights of the original tenant to another person and leaves no contractual relationship between the landlord and the original tenant. Landlords may withhold permission to assign and need not give any reason. However, the tenant may cancel his or her lease if permission to assign it has been denied without a valid reason.

Rent Stabilization/Rent Control
The Office of Rent Administration is responsible for regulating rents in approximately 1.2 million privately owned rental units statewide under four laws: the Emergency Housing Rent Control Law, the Local Emergency Tenant Control Act, the Rent Stabilization Law, and the Emergency Tenants Protection Act (ETPA). These four laws are the foundation of the rent regulation systems commonly known as rent control and rent stabilization.

Rent Regulated Tenants may file complaints regarding individual apartment or building-wide services, rental amounts, lease renewals and harassment with the New York State Division of Housing and Community Renewal (DHCR).

Rent control is in effect in New York City and various cities, towns and villages in Albany, Erie, Nassau, Rensselaer, Schenectady and Westchester counties, while rent stabilization exists in New York City and in various municipalities in Nassau, Rockland and Westchester counties.

Warranty of Habitability
In a landlord-tenant relationship, there exists an implied warranty of habitability, requiring that the landlord maintain all apartments and buildings in a condition fit for living and not dangerous to the life, health, or safety of the tenant. The landlord will be held liable for any violation of this warranty, even if the landlord is not at fault, unless the violation of the warranty is the result of the conduct of the tenant or the tenant’s guest.

If the warranty is violated, the tenant may withhold payment of rent until the condition is repaired or may take action to force the landlord to make needed repairs. If the landlord takes action against the tenant for nonpayment or eviction for nonpayment, the tenant may defend against such action with a claim that the warranty was violated. Furthermore, the tenant may claim "constructive eviction," leave the apartment, terminate the lease and withhold payment until the violation is corrected.

Cooperative/Condominium Conversion
In General Provisions governing cooperative and condominium conversion are enacted by municipalities, and thus are not effective throughout New York State. The law requires offering plans to be filed with the Attorney General and protects eligible senior citizens and eligible disabled persons.

Before a rental apartment building may be converted, the owner or sponsor must present an offering plan to each tenant and the Attorney General. The offering plan must disclose fully a complete description of the real estate interests. No sales or advertising may take place until the plan has been filed with the Attorney General. The Attorney General must either accept or reject the plan between 4 and 6 months from the date of submission of the plan. If the tenant believes that important facts have been omitted from the plan, the tenant should notify the Attorney General, at which point the Attorney General may require further investigation.

The owner or sponsor can choose to convert the building under an eviction plan or a non-eviction plan. The sponsor may change an eviction plan to a non-eviction plan by amendment to the original plan if the sponsor is unable to obtain the requisite number of purchasing tenants to maintain the eviction plan. In this event, the purchasing tenant has the option to rescind the lease within 30 days of the amendment. The sponsor may not, however, change a non-eviction plan to an eviction plan.

Mitchell-Llama housing is a state-administered program that subsidizes development of low-and moderate- income housing throughout New York State. Individuals and families who are unable to afford private housing and are above income eligibility for public housing are eligible. To be eligible, a family with two or fewer dependents cannot have an aggregate annual income in excess of seven times the annual housing rent of the project, while a family with three or more dependents has an income ceiling of 8 times the annual housing rent. Since all of these projects are privately owned, interested persons or families should apply directly to the individual rental offices in their area.

If you or someone you know needs the assistance of an experienced New York Landlord/Tenant Attorney, please call Steven W. Smollens at 212-619-7787, or complete the contact form provided on this site to schedule your free consultation.