evict after complaint NY
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evict after complaint NY (by Mike [NY]) May 1, 2021 6:59 PM
       evict after complaint NY (by Vee [OH]) May 1, 2021 8:21 PM
       evict after complaint NY (by Laura [MD]) May 1, 2021 8:40 PM
       evict after complaint NY (by Robert,OntarioCanada [ON]) May 1, 2021 9:42 PM
       evict after complaint NY (by small potatoes [NY]) May 1, 2021 10:28 PM
       evict after complaint NY (by Allym [NJ]) May 2, 2021 10:05 AM
       evict after complaint NY (by cjl [NY]) May 2, 2021 11:07 AM
       evict after complaint NY (by Kim [NY]) May 2, 2021 2:06 PM
       evict after complaint NY (by small potatoes [NY]) May 3, 2021 11:01 AM
       evict after complaint NY (by Laura [MD]) May 3, 2021 11:08 AM
       evict after complaint NY (by Laura [MD]) May 3, 2021 11:32 AM
       evict after complaint NY (by Mike [NY]) May 3, 2021 6:30 PM

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evict after complaint NY (by Mike [NY]) Posted on: May 1, 2021 6:59 PM
Message:

okay we have a real PITA tenant. Should have gotten rid of her a while ago.In this 10 unit building she has made more complaints than all the others combined. So apparently there's a leak in the roof affecting a small area of her ceiling.. The pic looks like a very small part of one room.. No ,I can't go out there myself but I had a handyman look at it. He put little bit of coating over that area and it looks like it had stopped for a while. But it may have started again,..my roof guy is coming back from winter down south next week... But of course she wants the area fixed ,sprayed cut open ,be done whatever and then repeated

However two handymen said they can't do it because she has so much junk in that room.

Well now she's complained to the city code ordinance people. and they have given us 10 days to repair.

I like would like to require two things, number one require her to move out all the junk that so they tradespeople can do the repair. She told one she wouldn't do it, probably because she also has stuff in the other rooms .

The second thing I would like to do is get rid of her. But I understand that there is a rule/law that says you can't evict somebody after they make a complaint for a while. Does anybody know how long that is I can't seem to find it.

I know she's going to try to fight it no matter what ,...my other question is when can I raise her rent so it's not considered punitive. --66.30.xx.xxx




evict after complaint NY (by Vee [OH]) Posted on: May 1, 2021 8:21 PM
Message:

Go to the city to explain can not get a ladder on the floor, let them hold her rent in escrow till the work is done - starting with room to work, maybe this one will go away.. --76.188.xxx.xxx




evict after complaint NY (by Laura [MD]) Posted on: May 1, 2021 8:40 PM
Message:

You must have the same ‘retaliatory’ laws as us. Any rent increase, termination of lease, etc. within a specific period after a housing code complaint can be viewed as retaliatory.

I hate to say it but the phrase, dig your well before you are thirsty, comes to mind. You should already have a relationship with your local code enforcement folks. Now you need to build that relationship with an eye toward the future.

For now, you need to document everything; attempts you have made to make repairs, handyman saying he needs the place cleaned, document everything and communicate with code enforcement REGULARLY about your attempts and progress.

--108.56.xxx.xx




evict after complaint NY (by Robert,OntarioCanada [ON]) Posted on: May 1, 2021 9:42 PM
Message:

If the tenant does not move out items so repair can begin then the tenant is preventing a repair from being made. Other then vacant possession then the issue can not be resolved. Had a case where the tenant refused to allow the contractors into the rental unit where the building inspector was not going to write a work order end of story where the tenant finally allowed the contractors in. All the tenants wanted to do is keep the rent at a slum level where applied for above guideline rent increases where the first one was 20.25 per cent then the following year 14.75 per cent where one January the five problem tenants all moved out then from that point on there never was a complaint about rent. Meet up personally with the building inspector where a unsafe work area is not allowed. Explain if the tenant is not going cooperate then what can be done. --99.236.xxx.xxx




evict after complaint NY (by small potatoes [NY]) Posted on: May 1, 2021 10:28 PM
Message:

Mike, I don't have my notes handy re: timing and retaliation, but perhaps your lease can guide you. Mine says the tenant must maintain the home in a clean and sanitary manner. You could issue a cure notice for the "filth" and safety hazard /fire issue with the junk piles. Has the code officer been in the unit? Maybe invite the fire dept for an inspection? You should communicate with them by email to create a trail.

What is the violation telling you to correct w/in ten days?

In my area if they know you are working to resolve an issue and not dodging them they will work with you. --24.194.xxx.xxx




evict after complaint NY (by Allym [NJ]) Posted on: May 2, 2021 10:05 AM
Message:

Get another roofing guy tomorrow. It could be the chimney crown has disintegrated or the flashing or a gutter is full and water is tipping into her unit. Could be a vent pipe collar. Water runs along beams. Remember there should be an attic of some sort in the building so send someone in there to look and they can put a small tarp and some absorbent material above the spot until you can get your other roofer if you insist. If no attic just get the new roofer to put a tarp over that area. Explain about the ten day warning but probably they know about those, hate those, and will come right out to help you. --108.24.xx.xx




evict after complaint NY (by cjl [NY]) Posted on: May 2, 2021 11:07 AM
Message:

Yeah, unfortunately I think you may end up in a very "walking the line" with the retaliation aspect because since she called codes it 'COULD BE VIEWED' as retaliation. Either she knows about it OR you may have said something to spark it for her but either way - be careful with that.

With that said, as small potatoes stated - get something in writing from your handiman (such as a bill) to PROVE that you've worked on it (as a repair) as well as anything indicating that your roofer/contractor won't be able to fully repair it until he returns. It is NOT her call on that as long as you stopped the problem. She cannot make you do things that you don't want to do as long as you are handling it. Also, go to the property if you can and look at the room. I would also suggest that you take photos (if you can) and then immediately advise her that in order for any further work to be completed that she will need to clear the room out (that is not something that she can say "you can't make me do it"). Yes, you can.

If she wants to fight you on it, by all means bring the fire or code inspectors in and have them weigh in (but if you are NICE to them and are not "yelling" or complaining about her to them, they most likely will understand. Especially if you can show them pictures and that you are asking her to clear things out so your workers can do their job. If she then refuses, you can only do what you can do which is the OUTSIDE of the property and not the interior.

You can then just move to "she needs to leave" as you have repairs to make and she won't cooperate.

I'm sure the 10 day notice is only because she is giving them HER SIDE of the story. They know there is another one so if you don't say anything to them, they are either going to assume that YOU ARE ignoring her or don't care, etc.

Call and talk with them. They know... trust me. --67.242.xx.xx




evict after complaint NY (by Kim [NY]) Posted on: May 2, 2021 2:06 PM
Message:

Is that true about raising her rent? that you have to wait x months after a complaint? --24.194.xx.xxx




evict after complaint NY (by small potatoes [NY]) Posted on: May 3, 2021 11:01 AM
Message:

I looked at my notes about the 2019 changes and I do not see anything directly about retaliation. It does say that if you increase rent 5% or more you have to give proper notice in writing, (same as if you were not renewing lease).

You might call a lawyer and ask that Q about retaliation. --24.194.xxx.xxx




evict after complaint NY (by Laura [MD]) Posted on: May 3, 2021 11:08 AM
Message:

2015 New York Laws

RPP - Real Property

Article 7 - (Real Property) Landlord and Tenant

223-B - Retaliation by landlord against tenant.

Universal Citation: NY Real Prop L § 223-B (2015)

223-b. Retaliation by landlord against tenant. 1. No landlord of

premises or units to which this section is applicable shall serve a no-

tice to quit upon any tenant or commence any action to recover real

property or summary proceeding to recover possession of real property in

retaliation for:

a. A good faith complaint, by or in behalf of the tenant, to a

governmental authority of the landlord's alleged violation of any health

or safety law, regulation, code, or ordinance, or any law or regulation

which has as its objective the regulation of premises used for dwelling

purposes or which pertains to the offense of rent gouging in the third,

second or first degree; or

b. Actions taken in good faith, by or in behalf of the tenant, to

secure or enforce any rights under the lease or rental agreement, under

section two hundred thirty-five-b of this chapter, or under any other

law of the state of New York, or of its governmental subdivisions, or of

the United States which has as its objective the regulation of premises

used for dwelling purposes or which pertains to the offense of rent

gouging in the third, second or first degree; or

c. The tenant's participation in the activities of a tenant's

organization.

2. No landlord or premises or units to which this section is

applicable shall substantially alter the terms of the tenancy in

retaliation for any actions set forth in paragraphs a, b, and c of

subdivision one of this section. Substantial alteration shall include,

but is not limited to, the refusal to continue a tenancy of the tenant

or, upon expiration of the tenant's lease, to renew the lease or offer a

new lease; provided, however, that a landlord shall not be required

under this section to offer a new lease or a lease renewal for a term

greater than one year and after such extension of a tenancy for one year

shall not be required to further extend or continue such tenancy.

3. A landlord shall be subject to a civil action for damages and other

appropriate relief, including injunctive and other equitable remedies,

as may be determined by a court of competent jurisdiction in any case in

which the landlord has violated the provisions of this section.

4. In any action to recover real property or summary proceeding to

recover possession of real property, judgment shall be entered for the

tenant if the court finds that the landlord is acting in retaliation for

any action set forth in paragraphs a, b, and c of subdivision one of

this section and further finds that the landlord would not otherwise

have commenced such action or proceeding. Retaliation shall be asserted

as an affirmative defense in such action or proceeding. The tenant shall

not be relieved of the obligation to pay any rent for which he is

otherwise liable.

5. In an action or proceeding instituted against a tenant of premises

or a unit to which this section is applicable, a rebuttable presumption

that the landlord is acting in retaliation shall be created if the

tenant establishes that the landlord served a notice to quit, or

instituted an action or proceeding to recover possession, or attempted

to substantially alter the terms of the tenancy, within six months

after:

a. A good faith complaint was made, by or in behalf of the tenant, to

a governmental authority of the landlord's violation of any health or

safety law, regulation, code, or ordinance, or any law or regulation

which has as its objective the regulation of premises used for dwelling

purposes or which pertains to the offense of rent gouging in the third,

second or first degree; or

b. The tenant in good faith commenced an action or proceeding in a

court or administrative body of competent jurisdiction to secure or

enforce against the landlord or his agents any rights under the lease or

rental agreement, under section two hundred thirty-five-b of this

chapter, or under any other law of the state of New York, or of its

governmental subdivisions, or of the United States which has as its

objective the regulation of premises used for dwelling purposes or which

pertains to the offense of rent gouging in the third, second or first

degree.

c. Judgment under subdivision three or four of this section was

entered for the tenant in a previous action between the parties; or an

inspection was made, an order was entered, or other action was taken as

a result of a complaint or act described in paragraph a or b of this

subdivision.

But the presumption shall not apply in an action or proceeding based

on the violation by the tenant of the terms and conditions of the lease

or rental agreement, including nonpayment of the agreed-upon rent.

The effect of the presumption shall be to require the landlord to

provide a credible explanation of a non-retaliatory motive for his acts.

Such an explanation shall overcome and remove the presumption unless the

tenant disproves it by a preponderance of the evidence.

5-a. Any lease provision which seeks to assess a fee, penalty or

dollar charge, in addition to the stated rent, against a tenant because

such tenant files a bona fide complaint with a building code officer

regarding the condition of such tenant's leased premises shall be null

and void as being against public policy. A landlord who seeks to enforce

such a fee, penalty or charge shall be liable to the tenant for triple

the amount of such fee, penalty or charge.

6. This section shall apply to all rental residential premises except

owner-occupied dwellings with less than four units. However, its

provisions shall not be given effect in any case in which it is

established that the condition from which the complaint or action arose

was caused by the tenant, a member of the tenant's household, or a guest

of the tenant. Nor shall it apply in a case where a tenancy was

terminated pursuant to the terms of a lease as a result of a bona fide

transfer of ownership.

--108.56.xxx.xx




evict after complaint NY (by Laura [MD]) Posted on: May 3, 2021 11:32 AM
Message:

23 page deep dive into NY retaliation laws

h t t p s: / /ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2405&context=flr --108.56.xxx.xx




evict after complaint NY (by Mike [NY]) Posted on: May 3, 2021 6:30 PM
Message:

THANK YOU GUYS!!

Laura,..I'm tired so I'm going to have to chew through that tomorrow,..but I will,..thank you for all that!

I have to figure out (since I want to get rid of her anyway) If I'm allowed to shut down the unit (move her out) in order to really fix the unit up "right"?

Without penalty to me,..Like having to put her up temporarily and accept her back.. --96.236.xxx.xx



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