P R E S E N T E D B Y Q U E E N S L E G A L S E R V I C E S S U T P H I N B L V D

Similar documents
Eviction. Court approval required

Overview - Training Objectives

NEW YORK STATE BAR ASSOCIATION. LEGALEase. Rights of Residential Owners and Tenants

WHEN YOU OWE RENT TO YOUR LANDLORD

Know Your Rights: A Guide for Tenants Renting in the State of Virginia Introduction Lease Agreements

What You Need to Know About Renting to Own and Contracts for Deed

THE LANDLORD S DUTIES

FACT SHEET. # 1 Rent Stabilization and Rent Control. Introduction

Rental Agreement Checklist Answer Key

THE RESIDENTIAL TENANCIES ACT OFFENCES

RESIDENTIAL LEASE AGREEMENT

FROM COUNSEL A Preventive Law Service of the Fort Riley Legal Assistance Office Keeping You Informed On Personal Legal Affairs

Housing Law Frequently Asked Questions For Tenants. Elizabeth Pisarski-Buchholz Staff Attorney Statewide Legal Services of CT, Inc.

MOHAVE COUNTY JUSTICE COURT

The standard lease and your rights

Jackson County Courthouse 3rd Floor Civil Records 415 E. 12th Street RM 305 Kansas City, MO (816)

WHAT APPLICATIONS CAN I FILE AGAINST MY LANDLORD?

Nebraska Residential Landlord Tenant Law Basics

REPAIRS and MAINTENANCE of RENTAL PROPERTY

Do You Know Your Rights and Duties As a Renter?

EVICTION: THE COURT PROCESS IMPORTANT

EVICTIONS including Lockouts and Utility Shutoffs

RENTERS GUIDE TO EVICTION COURT

HOUSING. Being a prepared renter

TENANT SCREENING. The Rights of Tenants

Rights and Duties of Tenants in Franklin County

LANDLORD - TENANT Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813)

Getting Repairs Made

# 14 Rent Reductions For Decreased Services

FROM THE DESK OF THE DIRECTOR OF MAINTENANCE JOSH ZUPFER

The RTA covers most rental housing in Newfoundland & Labrador. However, it does not apply to the following:

Attachments. Census of Families with Children Living in SROs in San Francisco October

the little GREEN BOOK FIRST EDITION, 2018 Compiled by the Student Bar Association Housing Committee at Vermont Law School

Tenants Rights in Foreclosure 1

Commonly Asked Questions by Kansas Tenants and Landlords

These are plain language definitions for the commonly used terms in this guide.

DECENT HOUSING IS A RIGHT

A Bill Regular Session, 2019 HOUSE BILL 1410

Demoted Tenancies Your Questions Answered

RESIDENTIAL TENANCY AGREEMENT

NEW YORK CITY LOFT BOARD

What are your rights under new ownership? S A L E T O R A P H A E L T O L E D A N O

Landlord Briefing for. The Housing Choice Voucher Program

You can search for cases tried in Alberta Court of Queen s Bench pertaining to residential tenancy -

Colorado Landlord Tenant Laws

TENANCY LAW FOR OLDER TENANTS. Residential Tenancies Act 2010

Evictions. Advancing Human Rights and Justice for All in Maryland since Maryland Tenants Rights: Evictions

Do You Know Your Rights and Duties As a Renter?

Rentersʼ Guide to Eviction Court

(Otherwise Known As the Lease)

People s Law School 2017 LANDLORD / TENANT. Scott Phillips Partner, Phillips & King PLLC

Tenants Rights to Healthful Housing

Renting on PEI. Community Legal Information Association of PEI, Inc or

Name Name Address Address. Telephone Telephone. Name Address. Telephone

Eldridge Housing Code Frequently Asked Questions

Rental Agreements Moving In, Moving On

What Can a Landlord Do When it Looks like the Tenant Has Abandoned the Property?

A LANDLORD S GUIDE TO THE NEW YORK CITY HOUSING COURT

OHIO LANDLORD-TENANT LAW

tenancy agreements What to look for in a tenancy agreement ueastudent.com/advice

My landlord wants to evict me because I owe rent

Rent escrow is a legal process tenants may use to force landlords to repair serious or

P a g e 1. Report on Landlord Focus Groups Conducted for Maine State Housing Authority October 22 (Augusta), 23 (Bangor), and 24 (Auburn)

Can My Landlord Enter My Home? A Tenant s Right to Privacy

Tenant & Landlord Rights and Responsibilities

Leasing Farm Land in Minnesota

CALIFORNIA ASSOCIATION OF REALTORS. Buyer's and Seller's Guide to the California Residential Purchase Agreement

Residential Tenancy Agreement NSW

How to Answer Your Eviction Case

Federally Subsidized Housing Tenant-Based

Standards for New Castle County rental properties and information on tenants' responsibilities.

LEASE AGREEMENT. Meadow View Apartments

Leases from start to finish

What is a lease? Off-Campus Living Office 541 Willard Straight Hall offcampusliving.cornell.edu

Was Your Landlord Foreclosed?

Instructions for Blank Residential Rental Agreement. The following numbered instructions match the numbers under the blanks in the form:

If a Tenant Does Not Pay Rent

MODEL LEASE FOR SUBSIDIZED PROGRAMS

Basic Eviction Defense Training

How a Landlord Can End a Tenancy

Eviction and Your Defense

ABANDONED OR UNSAFE BUILDINGS IOWA STATUTES TRANSLATED DEFINITIONS

RESIDENTIAL LEASE FOR SINGLE FAMILY HOME AND DUPLEX

REFERRAL CRITERIA FOR SINGLE ADULT PERMANENT HOUSING: PROPOSED AMENDMENT TO TITLE 31 OF THE RULES OF THE CITY OF NEW YORK

Ending a Tenancy Agreement

Printable Lesson Materials

Landlord / Tenant Law

HOW TO FILE AN ANSWER TO AN EVICTION LAWSUIT (UNLAWFUL DETAINER )

What happens when the Court is involved in a tenancy deposit dispute?

BRIEF SUMMARY OF TENANT PROTECTION LEGISLATION

NOISE KEY POINTS WHAT LESSEES CAN DO IF YOU HAVE A PROBLEM. Use the following stepped approach:

Alabama Uniform Residential Landlord and Tenant Act (AURLTA)

Residential Tendency Agreement NT

looking for accommodation

neighborhood identify common evictor tactics to help your friends & neighbors stay in their homes. speculator watch guide

OHIO LANDLORD-TENANT. What You Should Know! published by Ohio Poverty Law Center, LLC

Securing a Living space

CALIFORNIA ASSOCIATION OF REALTORS. Buyer's and Seller's Guide to the California Residential Purchase Agreement

Migrants Guide to Renting in Sydney Index

Repairs & maintenance

Transcription:

HARASSMENT P R E S E N T E D B Y Q U E E N S L E G A L S E R V I C E S 89-00 S U T P H I N B L V D., 5 T H F L O O R J A M A I C A, N Y 1 1 4 3 5 I N T A K E M O N - T H U R 1 0 A M - 3 P M, F R I E M E R G E N C I E S O N L Y

Legal Definition of Harassment Harassment refers to any act or omission that causes or is intended to cause any tenant to leave the apartment or to give up any of their rights.

Examples of Harassment Spitting at you or cursing at you Stopping or taking too long on essential services (e.g., not fixing the elevator for weeks) Bringing baseless, frivolous court cases (e.g., you paid your rent and still getting sued in nonpayment case) Taking your stuff out of your apartment without permission Taking off your apartment door Breaking or changing the locks without giving a new on

What YOU can do about harassment: If you ve been harassed, you can file a Housing Part ( HP ) harassment case in the Queens Housing Court (you can and should include any repairs you may need in the apartment that the landlord has refused to fix).

What evidence will be you will need: Notes: include the date and any acts/omissions the landlord has taken that prevent you from exercising your rights as a tenant. Letters or emails from/to the landlord. Dates/times you ve called 311. Pictures and/or videos of harassment.

You WIN the harassment case: If the judge agrees that the landlord has harassed you, the judge will order the landlord to stop. The judge can also order the harassment a housing code violation and you may ask for penalties. The judge can order a fine between $1,000-$5,000 which is paid to the city, not to the tenant. (Repeat violations: between $2,000 - $10,000)

What if you already have a case in Housing Court? If your landlord is currently taking you to court to evict you, and the same landlord has harassed you, then you can raise the harassment issue as a counterclaim Harassment is NOT a defense in a non-payment case or in a holdover eviction proceeding If you re not sure about these type of cases, you can ask anyone here tonight

You prefer not going to court: If you are a rent-regulated tenant, you can avoid going to court and instead go the DHCR website www.nyshcr.org to file a complaint If there s a finding of harassment, the landlord can t charge future rent increases until DHCR says that he/she can and the landlord might be fined

Know Your Rights REPAIRS WHAT PROTECTIONS DO TENANTS HAVE?

What s the Law? In any rental agreement (written or oral), the landlord has a legal obligation Premises must be fit for human habitation No conditions that are dangerous to the health and safety of the tenant Obligation extends to public/common areas of the building This obligation is called the warranty of habitability

Conditions / Violations Conditions that need repair are commonly called violations Violations are classified into 3 groups A non-hazardous (90 days to correct), B hazardous (30 days to correct), C immediately hazardous (24 hours to correct) Violations can include: lighting, building entrance doors, elevators, stairs, fire escapes, smoke detecting devices, locks to apartment doors, HOT WATER & HEAT, painting, vermin, collection of waste and more Note: Conditions that were created by the tenant are not the legal obligation of the landlord

Heat & Hot Water Landlord must provide heat between October 1 and May 31 If outside temperature is below 55 apartment temp. must be around 68 Landlord has the obligation to provide hot running water between 6 am and midnight

What should the tenant do? Make a detailed list of violations in the apartment (room by room) and public areas If heat is an issue buy a thermometer and keep record of inside temperature (morning, afternoon and night) Notify the landlord (It s a good idea to do it in writing) Call 311 and ask for an inspector to visit the apartment (City authority records the violations HPD website) Keep records photos, videos, copies of letters to landlord, inspectors visit record, receipts of money spent making repairs

What happens when the landlord refuses to make repairs? Tenant can commence a case in Housing Court to force the landlord to make repairs Speak to an attorney or represent yourself Organize tenant association and commence case against landlord as a group

Tenant Association WHY IS IT IMPORTANT THAT TENANTS ORGANIZE THEMSELVES?

What Is a Tenant Association? A tenant association is a union of all or most of the tenants in a building.

The Rights to Organize a Tenant Association No landlord shall interfere with the right of a tenant to form, participate in the lawful organization or any group formed to protect rights of tenants. Tenants groups or other tenants associations shall have right to meet in any location on the premises which is devoted to the common use of all tenants in a peaceful manner. No landlord shall deny such right.

Power in Numbers! Tenants working together can apply more pressure to make necessary changes. A strong tenant association has power to negotiate, file complaints with city and state agencies, get help from elected officials, and go to court. A successful tenant association can impact the whole neighborhood.

Success Story In 2014, tenants of 1511 Sheridan Ave in Bronx experienced illegal fees, repair issues, and harassment by landlord. Tenants from 41 different buildings in Bronx, Manhattan, and Brooklyn, owned by the same owners, organized to collectively fight bad conditions in their buildings. Tenants were awarded $1 millions in rebates and management company promised to make all repairs within a year. There are cases like this all over the city.

Starting a Tenant Association Talk to your neighbors: Get consensus on whether your neighbors are experiencing the same problems (Building-wide issues). Find out who can be initial participants: tenants who are vocal about their problems, or expressed discontent. Set up a meeting. (Place, materials, meeting agenda, facilitators) Reach out to tenants to promote the meeting.

How Can We help? We can provide a meeting place. We can provide graphic materials for outreach to tenants. We can help with translation/interpretation. We can give advice on what the steps are in forming a strong tenant association. We can provide legal help if necessary. Even with all the help, it is important that we have tenants who are aware of their rights and willing to actively protect them!