Questions answered by Steven Warren Smollens

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Name, badge # & address of deceased NYC Marshal used on eviction papers, does that make service of those papers 'improper'?

Steven's answer | Answered on August 26, 2014

Dear New York Tenant: The Housing Court could not issue a warrant of eviction to a deceased City Marshal, so I suggest you travel down to the...

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Lack of jurisdiction argument for vacating a default judgment

Steven's answer | Answered on August 26, 2014

Dear Rego Park Tenant: That is a tough question for a motion to vacate a default judgment. The court clearly had subject matter jurisdiction at...

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I just received the revised Agreement (contract) from the opposing counsel, should I let him know that I received it today?

Steven's answer | Answered on August 26, 2014

Dear New York Litigant: UPS provides tracking information to the sender so the attorney likely knows that the delivery occurred.

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I'm being kicked out from my house

Steven's answer | Answered on August 26, 2014

Dear Brooklyn Tenant: If she "kicks" you out of your home without a court proceeding, that is an illegal eviction. You may secure an attorney to...

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My landlord is taking me to court mid September for overdue rent which I have now. How can I reverse this?

Steven's answer | Answered on August 26, 2014

Dear Brooklyn Tenant: You answered a petition in a nonpayment proceeding and received a date for a court appearance. A tenant may pay the rent...

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Supposedly Landlord/Owner is not the real owner, just a tenant that he subletted the apartment, Can we sue him?

Steven's answer | Answered on August 25, 2014

Dear Flushing Tenant: If your landlord is the real tenant of the apartment, you have a sublease, not a lease, but in New York, amazingly, the...

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Who pays for the cost of installing a ramp in a condominium? The tenant or the landlord or the condo management?

Steven's answer | Answered on August 25, 2014

Dear New York Condo Manager: This is a matter to resolve with the tenant, your attorney and the owner of the unit. In certain circumstances,...

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Termination of Lease - PHA and Small Claims Court.

Steven's answer | Answered on August 25, 2014

Dear Mt. Kisco Tenant: What do you mean by preempt with an Order to Show Cause? In Supreme Court? The grievance procedure is likely the one...

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I have an attorney for housing. Do I still have to go if he represents me?

Steven's answer | Answered on August 25, 2014

Dear New York Tenant: Most tenant attorneys decide with their clients that the client is not needed for an ordinary calendar event. Why won't...

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Eviction Process: Unpaid Rent

Steven's answer | Answered on August 25, 2014

Dear NYC Tenant: An NYC ends a month to month tenancy by moving from the apartment before the next rent due date. The September rent is due on...

Steven Warren Smollens's Answers (26296)

Name, badge # & address of deceased NYC Marshal used on eviction papers, does that make service of those papers 'improper'?

Lack of jurisdiction argument for vacating a default judgment

I just received the revised Agreement (contract) from the opposing counsel, should I let him know that I received it today?

I'm being kicked out from my house

My landlord is taking me to court mid September for overdue rent which I have now. How can I reverse this?

Supposedly Landlord/Owner is not the real owner, just a tenant that he subletted the apartment, Can we sue him?

Who pays for the cost of installing a ramp in a condominium? The tenant or the landlord or the condo management?

Termination of Lease - PHA and Small Claims Court.

I have an attorney for housing. Do I still have to go if he represents me?

Eviction Process: Unpaid Rent