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Edward F S Deignan
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Edward Deignan’s Answers

24 total

  • Why would my landlords lawyer tell landlord to take before and after pictures of my rooms which were damaged by water

    we are in a family court case we filed a petition against the landlord since we are related for an order of protection since the landlord comes up to argue and insult us and bully us almost every time they come here always says some crazy things ...

    Edward’s Answer

    Your landlord is obligated to maintain the habitability (safe and liveable) of your apartment by NY Real Property Law Sec. 235-b. Find the court system explanation here: http://nycourts.gov/courts/nyc/housing/pdfs/warrantyofhabitability.pdf. This protection cannot be waived (turned off by you).

    Depending on the size of your building and whether it is subject to rent stabilization, other NYC and state laws may obligate the landlord to maintain additional parts of the building.

    You should go to the Landlord-Tenant court at 141 Livingston Street, Brooklyn and file an "HP" petition to seek repairs and ask for an immediate inspection by NYC inspectors. No lawyer is needed. Learn how here: http://www.courts.state.ny.us/courts/nyc/housing/startinghp.shtml. An explanation of what happens in court in an HP case is found here: http://nycourts.gov/courts/nyc/housing/apphpcasetenant.shtml.

    The Judge can order the landlord to repair conditions that violate the law. The landlord can be fined if repairs are not made within the time required by law.

    You will probably have to agree to let the landlord into your apartment so that repairs can be made. However, NYC law prohibits the landlord from continuing to behave as you have described. This is called "harassment." The refusal to make required repairs can also be considered as harassment.

    You can add a claim for Harassment to your HP petition: you will have to ask the court clerk for the right form. If the Judge agrees that the landlord has harassed you, it can order the landlord to stop. Repeat offenders can be fined. Find out more here: http://www.housingnyc.com/html/resources/attygenguide.html
    Good Luck!

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  • Can a high school student interested in becoming a lawyer get a internship or lawyer mentor to show them the field

    I want to become a lawyer I'm still in high school and I just want to get the experience and see what a lawyer does to make sure becoming a family lawyer or goverment lawyer is what I want to do with my life.

    Edward’s Answer

    You should contact your high school guidance counselor. Many schools have active internship programs and you might even be able to obtain credits! You will need a resume explaining your skills, etc. (such as familiarity with computers). Show enthusiasm every minute you are in the office and be ready to explain how you can help a busy lawyer in exchange for letting you observe. You sound very motivated! Good Luck!

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  • I have a separtion agreement (contract) it specific that I move out on 9/2012 I'll be homeless on 9/12 we both own, he won't

    relieve me from bank note, therefore no bank will give a loan or no landlord will rent me an apartment what can I do?

    Edward’s Answer

    You should seek legal advice. You cannot be evicted by your (ex) spouse without a court order. You should not leave before you have located a new place to live. If you are being bullied or threatened into moving out, contact the local police or family court and obtain a restraining order. This separation agreement may not be fair or enforceable, though I do not know the details. Even if the separation agreement is otherwise fair to you, you are put in a difficult position if your (ex) spouse does not pay the mortgage and expenses.

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  • I am suing my Landlord for an illegal eviction. What do I need to do? How do I proceed?

    I was illegally evicted on November 4th 2011, which cost me my employment at a fortune 500 company. the cost of the lost of income is 40,000 for six months. The time it took me to find new employment. Then, i was illegally evicted on August 9th...

    Edward’s Answer

    In addition to the very good advice above, you can still seek to be restored (move back in) to your apartment by quickly going to Housing Court and starting an "illegal lockout" proceeding. Information on the process can be found here: http://nycourts.gov/courts/nyc/housing/lockouts.shtml.
    No attorney is needed for this kind of case, though it would be helpful to get advice on what kind of proof you will need and how to get access to your apartment to get your hands on the proof.

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  • How to prove tenant was sub leasing?

    The illegal sub lessee used the address on 2012 tax returns.

    Edward’s Answer

    I agree with Mr. Smollens that obtaining an actual eviction for illegal subletting can be frustrated by a late "cure" (unless the tenant of record has died or moved away with no intent to return). Moreover, New York law allows a tenant who maintains the apartment as her primary residence to have a "roommate." Even if you have not seen the tenant for a few months, some temporary absences, such as schooling, temporary work assignment or caring for a sick relative, will be excused by a court. For a rent stabilized apartment, you may find it more effective to commence a non-primary residence proceeding against the tenant of record, since that violation - if proven - is "non-curable." Doing so is a highly technical procedure and you should consult an attorney.

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  • What are my legal rights?

    I have a small dog for 3 years now. My lease states that no pets are allowed. They want to evict me within 7 days. Building employees had knowledge for more than a year now.

    Edward’s Answer

    I agree with my colleague that the law is on your side and that you should obtain legal assistance. In this type of case, knowing that the law is on your side may not be enough unless you have the ability to prove your case in court. Getting building employees to admit that they knew about your dog can be difficult. In my experience, the building super will not willingly testify against his boss. Don't bother contacting the landlord ahead of time: if they really want to sue you, they will no matter what you say. You would only be letting them know early on which employees could help your case.

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  • Is a landlord allowed to do an automatic lease renewal?

    My girlfriend lived in an apartment that after the lease was up, she never received any papers from the landlord about lease renewal. Upon calling and requesting it on several occasions, we both were left to either busy signals or empty requests. ...

    Edward’s Answer

    I must respectfully disagree with my colleague. Automatic residential lease renewals are expressly prohibits by Real Property Law 232-c., which was passed to protect tenants from this very situation. This remains true even in rent stabilized apartments according to the recent appellate court decision in Samson Management v. Hubert. (http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2012/D34135.pdf) Since your girlfriend has already moved out of the apartment in question, the landlord cannot take her to Housing Court, but would have to sue her in (probably) Small Claims court. If that happens, make sure the Judge or arbitrator knows about this recent Samson Mgt. decision.

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  • Are the landlord and the perspective tenant entitled to evict me (the prior tenant) as my oral lease ends?

    I originally planned to leave NYC at the end of this month, and my roommate took the whole rental lease (orally). On Aug 12th she found a new tenant, with the landlord's agreement. But on 15th I found I had to stay longer due to an unexpected eme...

    Edward’s Answer

    I agree with the earlier answer that you cannot be evicted without a warrant issued by a court (usually Housing Court). The "new tenant" has no right to try to evict you. In this case, only your landlord has that right. He would have to seek to evict your roommate at the same time, which does not sound like what he wants to do. Second, it is not clear whether you mean that you have an oral rental agreement with the landlord or that you and your roommate orally agreed that you would move out. If you have a written lease, you are entitled to remain through the end of the lease no matter what. If your apartment is rent stabilized (generally, located in a building with six units or more), you can only be evicted for a violation of the rent stabilization code. Finally, your roommate would have the right to let you stay under the "Roommate Law."

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  • I need a tenants' rights lawyer

    Is it legal for a landlord/manager to prevent a visitor from staying in my apartment, i.e., I have a friend from London who stays with me for two to three weeks each year; we go to the opera, etc. The manager says he can prevent any visitor from ...

    Edward’s Answer

    Mr. Smollens is correct.

    Your landlord's "rule" is unenforceable under New York law. Real Property Law 235-f, also known as the "Roommate Law") allows the tenant of record (you) to have a single roommate (and that roommate's spouse and children) without needing to notify the landlord before hand or ask its permission. This protection applies to your short term guest also. You must maintain the apartment as your primary residence while the roommate lives with you. You may be required to report a roommate's presence and income (though not a short term guest) to the agency which administers SCRIE or certain other government-sponsored rent subsidies. More information about roommates: http://www.housingnyc.com/html/guide/basics.htm...

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  • I need a tenants ' rights lawyer.

    In my building where I have lived for 34 years, a few years ago it was made mandatory that a tenant must fill out a request form for permission to have visitors to their apartment. I totally forgot about it and filled it out two days after my f...

    Edward’s Answer

    Your landlord's "rule" is unenforceable under New York law. Real Property Law 235-f, also known as the "Roommate Law") allows the tenant of record (you) to have a single roommate (and that roommate's spouse and children) without needing to notify the landlord before hand or ask its permission. This protection applies to your short term guest also. You must maintain the apartment as your primary residence while the roommate lives with you. You may be required to report a roommate's presence and income (though not a short term guest) to the agency which administers SCRIE or certain other government-sponsored rent subsidies. More information about roommates: http://www.housingnyc.com/html/guide/basics.html#Roommates

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