Robert Todd Rosenblatt’s Answers

Robert Todd Rosenblatt

Brooklyn Landlord / Tenant Lawyer.

Contributor Level 7
  1. What are a tenant's rights against landlord that is not providing heat in NY state

    Answered over 5 years ago.

    1. Robert Todd Rosenblatt
    1 lawyer answer

    There is one part of the New York City Housing Court that is called the HPD part. In this part, the tenant is suing the landlord to compel repairs. The Court will send an inspector to the tenants apartment. The inspector will place violations on record. The Court will then compel the landlord to sign a consent Order to commence repairs in the time prescribed by statute. No heat in an apartment is a class C violation which is most hazardous and as a result the landlord will be given...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  2. Landlord suspected that tenant is having drug activity and proved that tenant is using drugs what landlord can do about this?

    Answered over 5 years ago.

    1. Robert Todd Rosenblatt
    2. Carlos Gonzalez
    3. Howard Woodley Bailey
    3 lawyer answers

    When you believe that there illegal drug activity in New York State, you can contact the District Attorney. If the District Attorney makes an arrest based upon drug use or drug sale, you can commence a Drug Holdover in Housing Court. A drug Holdover takes an expedited route and you can get a Trial much quicker, the warrant of eviction will issue much quicker and as a result you will evict the tenant much quicker.

    5 people marked this answer as helpful

  3. My landlord of 4 yrs illegally evicted me. now is suing me in Civil Court for back rent, can i sue for illegal eviction,

    Answered over 5 years ago.

    1. Robert Todd Rosenblatt
    1 lawyer answer

    In the State of New York, the landlord can NEVER use self help to remove you from your apartment. Only a Marshal can remove you and only after the Marshal gets an Order from the Court. It would take a few months for the landlord to go through the legal process to remove you. If the landlord changed your locks within 7 days, this is most certainly an illegal eviction. My response would go to Court, get a finding of illegal eviction and then commence an action in Civil Court for...

    2 people marked this answer as helpful

  4. I am looking to get out of a month-to-month lease. How exactly should i go about it?

    Answered over 5 years ago.

    1. Robert Todd Rosenblatt
    1 lawyer answer

    As a month to month tenant, you can vacate the premises at the end of any month and have no further legal financial obligations to pay rent after you vacate the premises. The right thing to do is to give the landlord 30 days notice that you are vacating the apartment. Once you vacate the premises, you are legally released from any further obligations as a matter of law.

    1 person marked this answer as helpful

  5. I AM A TENANT IN A BUILDING THAT IS BEING SOLD. I HAVE A 2 YR. LEASE - WILL THE NEW OWNER HAVE TO HONOR THAT LEASE?

    Answered over 5 years ago.

    1. Robert Todd Rosenblatt
    1 lawyer answer

    Any new owner of the building buys the premises subject to ALL EXISTING LEASES. The new owner must honor the terms of your lease as a matter of law.

    1 person marked this answer as helpful

  6. I am a tenant of a rent stabilized building. The landlord begun to harass me and refused to renew the lease.

    Answered over 5 years ago.

    1. Robert Todd Rosenblatt
    1 lawyer answer

    Even if the landlord refuses to give you a renewal lease to your rent stabilized apartment, you still have all the protections offered to rent stabilized tenants. The only difference is that the landlord will not be able to obtain a rent increase without offering you a renewal lease. However your rights under the rent stabilization code remain the same. You should not worry if you are not offered a renewal lease as it will have no adverse affect on you or your rent stabilized tenancy.

    1 person marked this answer as helpful

  7. Can the landlord of a rent stabilized building refuse to let me purchase a second electronic key fob for the main entrance?

    Answered over 5 years ago.

    1. Robert Todd Rosenblatt
    1 lawyer answer

    if you have a room mate or a co tenant to the premises, you have an absolute right to a 2nd key to the building.

    1 person marked this answer as helpful

  8. Tenant eviction for a person occupying a rent-stabilized apartment, under the protection of SCRIE.

    Answered over 5 years ago.

    1. Robert Todd Rosenblatt
    1 lawyer answer

    Regardless of the SCRIE exemption that the landlord receives as a result of your tenancy, you also are a rent stabilized tenant. The landlord can not evict you except if you are violating the terms of your lease or if the landlord wants your apartment for his own use or for the use of his immediate family member. Other than the exceptions stated above, as a rent stabilized tenant, you are there for life and the landlord can not evict you.

    1 person marked this answer as helpful

  9. Being evicted The eviction is really retalitory. If I can prove that, will the court give me more time?

    Answered over 5 years ago.

    1. Robert Todd Rosenblatt
    1 lawyer answer

    If the Court finds that any eviction case against you was commenced against you in retaliation to your good faith complaints against the repairs, the Court will hold the proceeding to be a retaliatory eviction and the proceeding against you should be dismissed as a matter of law.

    1 person marked this answer as helpful

  10. Are building violations transfereable to the new tenant in NY? if no, is it legal for landlord to place in the lease?

    Answered over 5 years ago.

    1. Robert Todd Rosenblatt
    1 lawyer answer

    In a residential premises the landlord can not transfer the to a new tenant the violations of record and the obligation to correct those violations. Even if the landlord puts in a lease that the tenant is responsible for violations of record, this provision is unenforceable as being contrary to public policy and the law of the State of New York. The landlord is always responsible for repairs in a residential building. However, in a commercial premises the lease can assign the obligation...

    1 person marked this answer as helpful

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