suffolk county, ny tenant rights

The judge will decide in court whether it was okay for you to repair and deduct. 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). Llame a Long Island Housing Services al 631-567-5111 ext. Lease Terms or Tenancies Less Than One Year: Lease Terms or Tenancies More Than One Year (or Less Than Two Years): Lease Terms or Tenancies More Than Two Years: Senior citizens and serious health issues. (It may be worthwhile to negotiate a rent increase you can afford with the landlord.). These can also be signs of a rental scam. 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. Super Lawyers. Before you agree to pay rent or a security deposit for a new place to live, inspect the apartment or house carefully. It is very important to save all receipts for the repair. If you need assistance with a landlord-tenant matter, please call Long Island Housing Services at 631-567-5111 ext. In New York, if a person lives on a property openly and adversely without the owner's permission for at least 10 uninterrupted years, that person can make an adverse possession claim, provided that they have paid the taxes throughout the teen years. In other words, the landlord/petitioner is asking a Judge to issue an order directing the eviction of a tenant who refuses to leave the property by a certain date. We are available 24 hours a day, 7 . 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. However, a landlord must give tenants reasonable notice (at least 24 hours, in most cases) before entry, unless its an emergency. You must explain to the Judge in your papers that you have. As with a written lease, as of October 12, 2019, should the landlord want to raise the rent by 5%, or more, or terminate the tenancy, depending on how long you have lived there, he must give you a 30, 60 or 90 day notice before your tenancy expires, as set forth above. You might also contact Nassau/Suffolk Law Services and Long Island Housing Services, Inc for assistance. Whatever the issue or concern, we can help. Refusing to rent, sell, or lease housing. If the eviction is based on the non-payment of rent, you may pay the landlord at any time prior to the hearing the full amount demanded in the petition. Donations If your landlord still refuses to fix the problem, you must decide if it is serious enough to fight. The landlord will then be able to request and have issued by the Court need a JUDGMENT OF POSSESSION, and A WARRANT OF EVICTION. Hempstead: 516-292-8100 If the utility meter is shared with others in the building, the law requires the landlord to have the meter in his name. A judgment for unpaid rent and fees may also be entered against you. There are simple steps that you can take to avoid and report rental scams. 375 or info@LIFairHousing.org to speak to a trained Fair Housing Investigator. Then, prioritize the problems and get started! When its your turn, tell your side of the story clearly and calmly. This Court strongly recommends that you retain an attorney. If your apartment had serious problems, you may be able to get the judge to decide that you should have money taken off the rent. If you pay by check, the cancelled check should be saved as your receipt. 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. Public Benefits If you do not move out on the day that the tenancy ends, the landlord must bring you to court. If you are confident that the person renting to you is legally authorized to do so, the first thing you will want to know, of course, is the amount of the rent. In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. Often, landlords will listen more to a group of people than to just one person. Apart from reimbursement for unpaid rent or damage to the property, the landlord does not have a right or privilege to spend the money from a tenant's security deposit. It is your right as a tenant to have a livable, safe and sanitary apartment. 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. New York HousingSearch.gov is a FREE public service provided by New York State Homes and Community Renewal (HCR). Some ways of making you move are never legal. Your landlord can evict you for not paying the rent. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. After a WARRANT OF EVICTION is issued by the court (you must request it - see below - and you receive it in the mail) you must file it with the Suffolk County Sheriff. Judges will often give you extra time to move, especially if you have kids. NSLS Programs. For example, the following situations may permit such a case. Just get your neighbors together for a meeting and decide what problems you want to work on. Note: These rights cannot be waived, regardless of what the rental agreement says. If the landlord requests an application fee or payment for a credit or background check, the landlord cannot get any more than $20 for the combined application and credit/background check and must give you a copy of that report and the bill for that report. Board of Directors Our mission is the elimination of unlawful housing discrimination and promotion of decent and affordable housing through advocacy and education. A tenant who decides not to renew at the end of a fixed term lease need not give any notice. Bring witnesses to prove that you didnt break a rule in your lease. If you pay your rent with cash or a money order, the landlord must give you a written receipt under the law. In addition to having laws that address general issues like repairs and security deposits, most states, including New York, grant rights and responsibilities about things like lock changes and a landlords right to entry. There is strength in numbers. 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. Bring photocopies of documents that help you prove your arguments. The Petition will say why your landlord is telling the judge to make you move. Service must be in full compliance with the law. (718) 487-3303. What should I bring to Court on the court date? Suffolk County Judicial Facilities Agency The Agency was created by Chapter 200 of the Law of 1999, State of N.Y. 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. In most buildings, unless there is a doorman, all doors to enter the building must close and lock automatically. You cannot be evicted unless the landlord takes you to court and wins. If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State. When your landlord sees that you spent part of your rent on repairs, he may try to evict you. This is called direct examination. Try not to pay your rent with cash. This page outlines the rules that will apply after the current state of emergency is lifted. Medical (DHCR) enforces compliance with this law. Locations The landlord is not required to use the security that you paid to cover the rent. If you have a question about issues not covered in this document or if you think your landlord has broken New York's tenant protection law, contact my office at (800) 771-7755; TDD/TTY Toll Free Line: (800) 788-9898. If the person you want to evict is not a tenant, or if you are not the landlord, you may be able to evict them, but not with these court forms. If you think a landlord has discriminated against you, you can complain to Long Island Housing Services at (631) 567-5111. A confidential consultation will provide guidance and insights to both tenants and landlords alike. You must pay a filing fee and get an index number. Find the right Bay Shore, NY Property Damage lawyer from 8 local law firms. This will end the eviction proceeding (RPAPL 731(4)). Whether your lease is written or verbal, it must be consistent with New York State law. At the end of the court case, the judge will tell you when and if you have to move and how much rent you owe. 3105 Veteran's Memorial Highway, Ronkonkoma, NY 11779 calendars are usually scheduled at 9:30 a.m. Phone (Suffolk): 631-567-5111 The lease cannot be changed while it is in effect unless both you and your landlord agree, in writing. In a month-to-month tenancy, you or the landlord can give either verbal or written notice when you want to change the agreement. But you may not be able to get a lawyer to represent you. (631) 878-8757. Sometimes, landlords will try to evict you because you have complained about conditions in your home to either the landlord or his agent or government agencies or because you joined a tenants association. The tenant will be served with a copy of the Notice of Petition that lists the time, date and location to appear in court. 1. If the landlord refuses to return your security deposit and you feel that you are entitled to it, you can take the landlord to small claims court if the amount is less than $5,000 ($3000 in the justice courts of the east end of Long Island). If there is an elevator, your landlord must put a mirror inside so you can see if anyone is already in it. Affidavit of Service (Mail) DC-149M Use with Order to Show Cause or Motion where service by mail is ordered. Give the tenant at least 30 days notice to leave. You can seek an adjournment (a delay in the proceeding) and the judge must grant at least a 14-day delay. Only the sheriff can move your things out if he has a court order and has served you with a 72-hour notice. in the jurisdiction of Suffolk . (Call NYPIRG for more information see p. 5). You are responsible for any damage to the apartment that you cause aside from normal wear and tear. Nothing on this website constitutes legal advice. If you do not have a lawyer, get a money order or bank check for the amount of the rent. Keep a copy of the letter. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner. Providing a proper Predicate Notice content, timeliness and proper type of service is an element of the Landlords case. Testimonials How does the Tenant find out about the court date? Ask him what to do in case of an emergency. If repairs arent made in a timely manner, New York tenants can sue for costs, or a court order to force the landlord to make repairs. Read More. Never ignore court papers. 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. If you qualify, the Department of Social Services may assist you with your security deposit. The purpose of this law is to encourage consumers to use their own reusable bags for shopping and to reduce the environmental impacts associated with single use bags. Additional Rent Increase Rules: Landlords must also comply with: Notice Period for Rent Increases: Landlords must give 30, 60, or 90 days notice before increasing rent depending on the lease term. If you are denied help from DSS, save the papers that say so and request a fair hearing (1-800-342-3334). Any Client Rating 5.0 4.0 & above 3.0 & above 2.0 & above 1.0 & above Peer Reviews . landlord, building manager, etc.) Can I evict my son / girlfriend / roommate? In emergencies, you may make necessary repairs and deduct the repair costs from the rent. Go to court on the day stated in the Notice of Petition, even if you dont have a lawyer. You should contact and seek assistance of an attorney. They can also cancel the rental agreement, and sometimes can make repairs and deduct from the rent. 378. If you pay the rent any time up to and including the day you need to appear in court, and sometimes until the eviction date, you will not be evicted. Most areas have dedicated inspections departments which enforce code compliance. Tenants associations are easy to start. Can a Landlord Enter Without Permission in New York? Go to Court and submit a request for the Judge to sign an Order to Show Cause to Vacate a Landlord Tenant Judgment. If the landlord does not follow the law, you cannot be evicted. Using applications that directly or indirectly put limits on preferences for prospective tenants. Make sure you keep all invoices and take pictures. includes form for pro-se defendants to have the court prepare and serve and file Notice of Appeal. The tenant has 10-17 days to prepare for the hearing. Advisory Council Tenant and homeowner rights / Housing A sample letter to your landlord requesting repairs .

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