Nadel & Ciarlo, P.C.

Lease disputes and disrepair spark New York lawsuit


In a city like New York that is so rife with people who are renting a place to live, it is unavoidable that there will be disagreements between landlords and tenants. In some instances, they have to do with non-payment rent proceedings or nuisance and lease violation cases. There could be numerous reasons why there are lease disputes. Each side, the tenants and the owners, must have a full understanding of their rights under the law and legal assistance to come to a satisfactory resolution.

A lawsuit was filed by tenants in a Brooklyn apartment building asserting that their landlord has ignored orders issued by New York State to lower their rent. They also allege that the building is in poor condition. The legal filing says that the owner of the property has overcharged the residents, a large contingent who are elderly and people who are not comfortable speaking English. It is alleged that since 2010, the owner took in almost $90,000 in illegal rent. The owner was issued numerous orders to reduce the rent since 1993 so the bad conditions could be fixed. In spite of the orders, the landlord continued charging rents illegally and tried to evict the residents when they did not pay him. The landlord also has other cases lodged against him in the Bronx.

Whether it is a commercial or residential property, both owners and renters have to be cognizant of their rights under the law. Since there is often such a contentious relationship between owners and renters, there are many different issues that can lead to a dispute. Whether it is the failure to pay rent, the attempt to evict tenants, repairs that must be made, damage that was caused by residents, the cost or rent and other factors, having legal advice is an imperative for both the owner and the resident if there is a disagreement.

In this case, the landlord is embroiled in an ongoing dispute with tenants who claim he has overcharged, mistreated and abused them. Unfortunately, this is not unusual in New York. Regardless of the circumstances and the perspective of the people involved, having legal help is key to settling the matter and that is the first call that should be made when confronted with a dispute regarding a rental space.

Source: New York Daily News, "Low-income Brooklyn tenants say landlord charged illegal rent, file lawsuit," Christina Carrega-Woodby, April 7, 2016

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