Eviction

COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF 2020

New York

By: Akanksha A. Panicker

The New York State Legislature has adopted legislation that extends the moratorium on residential evictions to more than one year from the initial Executive Order 202.8 in March of 2020, through May 1, 2021. Governor Andrew M. Cuomo signed the new COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 in furtherance of the same, wherein residential evictions, foreclosure proceedings, credit discrimination, and negative credit reporting related to the COVID-19 pandemic are curtailed. An additional feature of the Act sees the extension of the Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption from 2020x to 2021, creating an all-around effect of protection for tenants and homeowners from the economic hardship incurred as a result of the COVID-19 pandemic.

UNDERSTANDING THE CHANGES TO NEW YORK LANDLORD TENANTS LAWS

EVICTION LAWS

By: Akanksha A. Panicker

The “Housing Stability and Tenant Protection Act” has seen significant changes be enacted into landlord-tenant rights and obligations in New York. Modifications have been made to the substantial bulk of the NY legal matrices. The Act has been controversial and can seem to have a chilling effect on pre-existing real estate and landlord-tenant laws.

[1.0] CHANGE IN STATUTE FOR NOTIFICATION

Provide Rent Receipts and Late Payment Notices.

From July 2019, the onus of requesting a residential tenancy receipt was shifted from the tenants to the landlords themselves. Rather than repeatedly request receipts, it becomes necessary for a landlord to provide receipts for the lease term after an initial receipt. This might be done immediately upon personal delivery or within fifteen days of payment in case of indirect or online payment.  Landlords further expected to maintain records of cash receipts for at least three years, available upon tenant’s request, or if rent is paid in any form other than a personal check.

Eviction Of A Tenant: The Coronavirus Quandary

Economy Visual

By: Akanksha A. Panicker

The onslaught of the coronavirus on the New York economy has been devastating on everyone. Nonessential businesses have closed in most states, and new unemployment application numbers are soaring. These economic situations may make it difficult for tenants to pay rent, but it also places a heavy burden on the landlords who rely on rental payments as a crucial source of income. In this article, the effect of the pandemic on the eviction of tenants will be outlined and the options at one’s disposal will be understood.

[1.0] The Background and The Eviction Procedure 

Ordinarily, a landlord can evict a tenant for a variety of reasons, provided that the termination of the tenancy occurs before the eviction. However, cause is an essential requirement for a landlord who wants an early termination for a tenancy or who wants a tenant to move out before the rental term has expired.. 

The tenant can be evicted early for a couple of different reasons, including not paying rent or violating the lease or rental agreement  The termination happens by way of written notice given to the tenant by the landlord. Failure to comply leads to the landlord filing an eviction lawsuit with a court. 

New York is a tenant-friendly state and requires the culmination of a tenancy to comply with highly specific regulations that are aimed at particular situations that arise. Depending upon the circumstances, different types of notices and procedures may be provided.  Additionally, eviction regulations in New York depend upon whether the rental property is located within the boundaries of New York City or whether the property is rent-regulated as well. These factors are necessary to consider before entering into a tenant-landlord relationship. 

How to Evict A Roomate In New York

Roomates

A roommate holdover case is brought to make a roommate leave the apartment or house that you share. You cannot lock your roommate out of the home you share without a court order.

If you are a renter, to start a roommate holdover case, your roommate must rent from you not the landlord. If your roommate is named on the lease and also rents from the landlord or owner, then you can’t start a case in Housing Court. Your roommate is a co-tenant and has the same right to stay in the home as you do. If you fear for your safety based on your roommate’s behavior you should call the police.

To start a roommate case, your roommate must be someone who is supposed to pay you rent to live with you. If your roommate is someone you let live in your home without paying rent, then you can start a “licensee” holdover case, not a roommate holdover.

HOW TO EVICT IN NEW YORK CITY – NON-PAYMENT PROCEEDINGS

Eviction Notice

The Housing Court hears and decides disputes between residential landlords and tenants in New York City. These cases include summary nonpayment and holdover proceedings, proceedings to enforce housing maintenance standards, and harassment cases. 

The Housing Court is separated into Parts. A Housing Judge presides in each Part. There is a special part, called the HP Part, that hears only cases brought by tenants or by New York City to enforce laws requiring repairs in residential buildings. All other cases are first assigned to a Resolution Part. Visit the Resolution Part page to learn more about what happens in a Resolution Part. If the case cannot be resolved between the parties and if it is ready for a trial, it is assigned to a Trial Part. The judge in the Trial Part will listen to all the evidence and decide the case. 

TENANT RIGHTS IN FORECLOSURE CASES

When the plaintiff starts a foreclosure case against the owner of your home, the law says that the plaintiff must tell the tenants within 10 days. You may find out about the case by seeing a notice posted on the door to your building or the plaintiff may give you a copy of the foreclosure Summons and Complaint. Do not worry if your name is on the papers. This does not mean that you have to move out. Many things can happen:

  • The owner may settle the case and keep the property
  • The bank may not be able to prove its case
  • The case may take a very long time, often even a year, and you may move before it is over
  • The new owner may want to keep you as a tenant
  • You may have the right to stay anyway

THE LANDLORD TENANT EVICTION PROCESS NEW JERSEY

Residential tenants in New Jersey have certain rights. They cannot be evicted (thrown out or locked out) without a judgment from the New Jersey Superior Court.

Some reasons a landlord might file a complaint in the Landlord/Tenant section of Superior Court:

  • The tenant failed to pay rent.
  • The tenant is often late in paying rent.
  • The tenant has repeatedly acted in a disorderly manner.
  • The tenant has caused destruction or damage to the property willfully or through gross negligence.
  • The tenant has violated the terms of the lease or other document.
  • The tenant has been convicted of a drug offense.

Things to Think About Before You Represent Yourself in Court

The court system can be confusing and it is a good idea to get a lawyer if you can. The law, the proofs necessary to present your case, and the procedural rules governing cases in the Law Division, Civil Part are complex. Since valuable claims or potentially heavy judgments may be at stake, most litigants appearing in the Law Division, Civil Part has a lawyer. If you are being sued, please contact your insurance company to see if they might provide a lawyer for you. Most likely your opponent will be represented by a lawyer. It is recommended that you make every effort to obtain the assistance of a lawyer. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. The telephone number can be found online or in your local yellow pages under “Legal Aid” or “Legal Services.”

Lease Agreement What You Should Know

By: Undisputed Legal/Eviction Service Department

A lease is a contract between a landlord and a tenant, containing the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree. Leases for apartments which are not rent stabilized may be oral or written. To avoid disputes, the parties 

may wish to enter into a written agreement. A party must sign the lease in order to be bound by its terms. An oral lease for more than one year cannot be legally enforced (General Obligations Law § 5-701).