Tenant Law Podcast

In Episode 50, we take a deep dive on a powerful tenant defense that very few tenants know anything about. The Rent Impairing Violation defense, pursuant to Multiple Dwelling Law § 302-a, is a substantive defense, that, if successfully employed, means that certain rent is not owed and will never be owed. This could result in months or years of arrears not being collectible. However, the Rent Impairing Violation defense is very complicated to use and comes with risk because you must deposit contested rent with the court.

Links:

• Tenant Law Podcast Website

• List of Categories of Violations that are Rent Impairing

• Today’s Case

• Important Case Mentioned

• Suggest future topics at [email protected].

In Episode 49, we examine another “Housing Court Hack”, ways to spot hidden procedural defects that may get your summary proceeding dismissed. In this episode we examine what happens if the landlord uses the wrong form when attempting to sue you in Housing Court.

Links:

• Tenant Law Podcast Website

• Today’s Case

• Uniform Civil Rules for the New York City Civil Court § 208.42

• The NYC Civil Court Nonpayment Notice of Petition Form

• The NYC Civil Court Holdover Notice of Petition Form

• Other Housing Court Hack Episodes:

o Episode 3: Can I gain leverage in Housing Court if my landlord describes my apartment incorrectly?

o Episode 21: Housing Court Leverage Tip for Tenants: Landlord can only sue for the monthly rent and that rent must be properly itemized or the case can be dismissed.

o Episode 38: Housing Court Hack: How to Get your Case Dismissed if your Landlord’s Ownership Entity is in Bad Standing with the State, which is Easy to Look Up.

• Suggest future topics at [email protected].

In this episode we give you a bunch of information to help you answer the question: Should I bring my claim against my landlord as a class action? A lawyer or someone else is telling you that you can bring a Rent Stabilization rent overcharge case against your landlord as a class action. Should you do that? What is a class action? What are the pros of a class action? What are the cons of a class action? What are alternatives to bringing a class action? And what are the pros and cons of the alternatives?

This episode also imparts a ton of information about pre-HSTPA Rent Stabilization Individual Apartment Improvement rent increases.

Links:

• Tenant Law Podcast Website

• Today’s Case Stafford v. A&E Real Estate Holdings, LLC, 2025 WL 622569 [Supreme Court, New York County 2025]

• The transcript of the oral argument on the motion that led to today’s case.

• Another example of a Rent Stabilization class action. Marcondes v. Fort 710 Associates, L.P., 75 Misc.3d 1214(A) [Supreme Court, New York County 2022]

• Filing an overcharge claim at DHCR; Application.

• Suggest future topics at [email protected].

New Yorkers love their pets and many people in these difficult times need an Emotional Support Animal. Unfortunately, many landlords do not allow animals in apartments, but the landlord’s objection is not always enough to legally prevent a tenant from having an animal in their apartment. There is a great deal of confusion surrounding the laws about pets and Emotional Support Animals in no-pets buildings in New York City. Often tenants make mistakes regarding the adoption of an animal, leading to a great deal of stress and cost. In Episode 47 we embed the second half of a class I taught on Pets and Emotional Support Animals in no-pets buildings, so hopefully tenants can avoid painful mistakes. Do not forget to go back and listen to the first half of the class in Episode 46.

Links:

• Tenant Law Podcast Website

• Free Booklet – Pets and Emotional Support Animals in NYC No-Pets Buildings

• Suggest future topics at [email protected]

New Yorkers love their pets and many people in these difficult times need an Emotional Support Animal. Unfortunately, many landlords do not allow animals in apartments, but the landlord’s objection is not always enough to legally prevent a tenant from having an animal in their apartment. There is a great deal of confusion surrounding the laws about pets and Emotional Support Animals in no-pets buildings in New York City. Often tenants make mistakes regarding the adoption of an animal, leading to a great deal of stress and cost. In Episode 45 we embed the first half of a class I taught on Pets and Emotional Support Animals in no-pets buildings, so hopefully tenants can avoid painful mistakes.

Links:

• Tenant Law Podcast Website

• Free Booklet – Pets and Emotional Support Animals in NYC No-Pets Buildings

• Suggest future topics at [email protected].

In this episode we are discussing the Good Cause Eviction Law that was passed just over one year ago, becoming effective on April 20, 2024. What have we learned from the courts or otherwise in the first year of this historic statute?

Links:

• Tenant Law Podcast Website

• HPD webpage on Good Cause Eviction Law

• Episode 25: Good Cause Eviction is Here!

• Episode 26: Are You Covered by Good Cause Eviction?

• Episode 27: Good Cause Eviction Notices

• Episode 29: Important Questions About the New Good Cause Eviction Law – a Discussion with Two Super Experienced Landlord-Tenant Lawyers

• Suggest future topics at [email protected].

You often hear stories of landlords charging tenants exorbitant fees (upwards of $200) to make copies of keys to apartments. Also, in the last couple decades there has been a lot of changing over in buildings from regular old keys systems to non-duplicable keys, electronic key fobs, and key cards.

I just had a lease come across my desk the other day for an apartment where this was in a section of the lease called “Additional Rent”:

“Keyfobs & Locks. Tenant acknowledges that each Tenant has or will receive one access entry device (either a keyfob, a keycard, or an access code for their smartphone, under owner’s sole discretion) and one mailbox Key for each individual signing this Lease as a Tenant…Tenant understands that these are the only access entry devices that will be provided during the term of this Lease without charge. In the event that Tenant loses their physical access entry device, or, is locked out of the Apartment and requests that Owner, its employees or agents, [or] Building staff, unlock the Apartment, Owner shall be entitled to the charges set forth in the lease rider.”

And then in a rider under the heading “Fees” the lease goes on to state that:

“Tenant agrees to the following fees from owner:…B. Lost or unreturned keyfob or keycard ($100.00); C. Opening apartment entry door for locked-out tenant ($75.00);…H. Fees are subject to reasonable increases by owner.”

Here is another lease provision:

“KEYS/SECURITY: Tenant shall not remove, alter, or change in any way the existing locks, security codes, or keys or keycards that are provided for the apartment or any part thereof. Tenant shall not transfer to or share with any person a key or a keycard for the apartment. Tenant agrees and understands that tenant will be charged a re-keying fee in the sum of $50 each time a key or keycard replacement is deemed necessary by landlord. Said charges shall be deemed additional rent.”

Is any of this legal?

Links:

• Real Property Law § 235-i (Unreasonable tenant fees for reproductions of keys) (2021)

• DHCR Fact Sheet 14 Rent Reductions for Decreases Services

• DHCR Application for a Rent Reduction Based on Decreased Services (Form RA-81)

• For Rent Stabilized tenants, the rule is articulated in a DHCR decision entitled Various Tenants of 140-50 Ash Ave, Administrative Review Docket Number MN110005RT

• Tenant Law Podcast Website

• Suggest future topics at [email protected]

In this episode we discuss whether and when you must allow your landlord into your apartment to do needed repairs. We also discuss how much notice you are entitled to and what kind of control you can assert over the repair process. Can you pick the contractor? Can you do the work yourself and then deduct from the rent? These and other questions are tackled in this episode.

Links:

• Tenant Law Podcast Website

• New York City Housing Maintenance Code § 27-2008 (Owner’s right of access)

• Housing Preservation and Development regulation § 25-101 (Owner’s Right of Access and Requirements for Notification)

• Sometimes tenant says, “I need to see the contractor’s license.” I cannot find any authority that gives tenant a right to ask for a contractor’s license before allowing them to enter the apartment. In fact, I found a DHCR proceeding where a tenant was not allowed to challenge repairs that the landlord did on the basis that the contractor was unlicensed. In The Matter of the Administrative Appeal of Joann Brown; DHCR Admin. Rev. Dckt. No. PK210080RT (3/12/02); LVT Number: 15801.

• Tenant Law Podcast Free Booklet – How to Get Repairs in Your NYC Apartment

• Suggest future topics at [email protected].

In Episode 42 we are discussing a recent case out of Queens landlord-tenant court that concerns the anti-retaliatory-eviction law, Real Property Law § 223-b.

Links:

• Tenant Law Podcast Website

• Real Property Law § 223-b

• Today’s Case is Li-Johnson v. Sierra, 2024 WL 4896875 [New York City Civil Court, Queens County 2024]

• Suggest future topics at [email protected]

In this episode we examine the Fairness in Apartment Rental Expenses Act, which prohibits real estate brokers from passing their fees onto residential tenants where the broker is exclusively representing the landlord’s interests. This would include brokers who publish listings with the landlord’s permission. Landlords and their agents are also required to disclose the fees that the tenant must pay in their listings and rental agreements. This law is new and changes things a lot. Whenever that is the case, the law can get off to a bumpy start. We look at what those bumps might be and what you can do to protect yourself.

Links:

• Tenant Law Podcast Website

• Local Law 119 of 2024 (Click item 18)

• New York City Department of Consumer and Worker Protection

• Suggest future topics at [email protected].