Tenant Law Podcast
by Tenant Law Podcast
On the Tenant Law Podcast we examine new, interesting, and/or important legal cases and laws affecting New York City tenants. First, we give you some background, so you have the context to understand the topic that what we are discussing. Then, we talk about the case or the law. Finally, we give you a Tenant Takeaway! New York City, the law belongs to you. But your ownership of the law is only as great as your understanding of the law. So, let’s learn…to live better! Suggest topics at [email protected] LEGAL ADVICE.
Episodes
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Episode 60: How to Protect Your Rent Stabilized Apartment from a Non-Primary Residence Case
Episode 60 is a companion to a free 29-page booklet written by Michelle entitled How to Protect Your Rent Stabilized Apartment in Non-Primary Residence and Succession Case Links: • Website • Booklet: How to Protect Your Rent Stabilized Apartment in Non-Primary Residence and Succession Cases •...
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Episode 59: Five Reasons that Landlords Still Want to Evict Tenants from Rent Stabilized Apartments, Even After the HSTPA
In Episode 59 we look at five reasons that landlords still very much want to evict tenants from Rent Stabilized apartments, even after the Housing Stability and Tenant Protection Act of 2019 made vacancy way less valuable to landlords. Wonderment Music licensed through Soundstripe. Via...
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Episode 58: Can you vacate a stipulation of settlement that you entered into in Housing Court if you later regret making the deal?
Music Attribution: Minerals Music licensed through Soundstripe. Via RiversideFM. Code: EAKRZYQUPKUC4NLV Wonderment Music licensed through Soundstripe. Via RiversideFM. Code: TBVTWPZGFS36SCN6 Description: Can you vacate a stipulation of settlement that you entered into in Housing Court if you…
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Episode 57: Late Renewal? Protect Yourself from Overcharges on a Rent Stabilized Lease!
Today we are looking at a case and a regulation that reminds us of a tenant’s rights when the landlord renews a Rent Stabilized lease late. We are going to try to clear up some confusion and save tenants a few bucks. Links: • Michelle Itkowitz Podcasting Website • New York City Rent Guidelines...
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Episode 56: Stop Negotiating with Your Landlord the Wrong Way; Housing Court Hack – Wrong Description of Apartment
You have been sued by your landlord, and you just wish the case would go away, because with a bit more time, you would have the money to move, which you were planning on doing anyway. You just need a break. Therefore, in this episode, we look at a Housing Court Hack regarding the inadequate...
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Episode 55: NYC Rental Housing Types Demystified
You are moving to New York City, and you have questions about NYC rental housing. Or, you have lived in New York City all your life, and you still have questions about NYC Housing. Rent Stabilization, Rent Control, the Good Cause Eviction Law, Affordable Housing, Co-ops, Condos, Co-living.…
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Episode 54: A Powerful Defense to the Nonpayment of Rent that Few Tenants Know About; Multiple Dwelling Law 302 Explored!
In Episode 54 we are looking at a defense to the nonpayment of rent that could apply to as many as a hundred thousand apartments – Multiple Dwelling Law 302, which applies when a building is occupied contrary to its certificate of occupancy on file with the New York City Department of Buildings....
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Episode 53: Can your landlord charge you an extra fee each month because you pay your rent electronically?
Can your landlord up-charge you for paying rent electronically? Those charges sure add up over time. For that matter, can the landlord charge you an extra fee for paying manually – with a check, cash, or money order? If you don’t pay electronically, how can you document that you’ve paid? Do you...
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Episode 52: Breaking Your Lease Early, Seven Best Practices
Michelle Itkowitz, here. I have news! A version of this show is now being distributed by a real podcast network. It’s a terrific opportunity that I’m very honored to have. The name of the new show is “Learn to Live Better, a Housing Law Podcast”. You know how at the end of every episode I say…
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Episode 51: Can problems with building amenities be addressed economically and quickly by tenant class actions?
Are you having a problem with the amenities in your building? Well amenities are usually common elements so if you’re having a problem, maybe the other tenants in your building are having the same problem. Could a class action lawsuit, be an economical and easy way for you and your neighbors to...
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Episode 50: Rent Impairing Violations – a Powerful but Complicated Defense
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…
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Episode 49: Housing Court Hack – Case Dismissed for Using Wrong Notice of Petition
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…
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Episode 48: Should I bring my claim against my landlord as a class action?
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…
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Episode 47: Pets and Emotional Support Animals in NYC No-Pets Buildings (Part 2: Emotional Support Animals)
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…
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Episode 46: Pets and Emotional Support Animals in NYC No-Pets Buildings (Part 1: Pets)
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…
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Episode 45: The Good Cause Eviction Law – What have we learned after one year?
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...
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Episode 44: Can my landlord charge me for providing me with a replacement key or an extra key?
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…
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Episode 43: Do I have to allow my landlord into my apartment to do repairs, even if I don’t want to? How much notice am I entitled to?
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…
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Episode 42: Can my landlord terminate my lease if I make complaints about conditions in my apartment?
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…
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Episode 41: The New No-Broker-Fee Law and Possible Bumps in the Road For its Roll Out
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...
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Episode 40: What do I do if my co-living landlord houses me with a roommate who is a serial killer?
In this episode we look at a January 8, 2025 Business Insider article with the headline: “Man Sues Co-Living Company After Being Housed with a Serial Killer”. You simply cannot make this stuff up. In a 15-page lawsuit filed in Los Angeles Superior Court, a tenant said that a co-living company...
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Episode 39: Can I be evicted by my own family?
In this episode we discuss a recent case where an ex-husband attempted to evict his ex-wife and their child from a home that he owed, which she did not. We take a deep dive on the familial exception to eviction. Links: • Tenant Law Podcast Website • Today’s Case • Suggest future topics at...
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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.
In Episode 38 we discuss a recent eviction case that was dismissed when the tenant pointed out to the judge that the landlord lacked capacity to sue because of the defunct status of its limited liability company, which is easy for anyone to look up regarding their landlord. Links: • Tenant Law...
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Episode 37: How to Terminate Your Deceased Relative’s Lease Early So the Estate Does Not Owe Rent for the Rest of the Term
In Episode 37 we discuss how to keep more money in your deceased relative’s estate (for your inheritance) and less in the pocket of the landlord for rent for an empty apartment. We look at the new Real Property Law § 236-A. Links: • Tenant Law Podcast Website • Real Property Law § 236-A • Suggest...
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Episode 36: How can you stop your eviction after losing your Housing Court case?
In Episode 36 we discuss a fairly new case interpreting Real Property Actions and Proceedings Law §749(3), which was changed by the Housing Stability and Tenant Protection Act, which codifies a tenant’s Right of Redemption – the right of the tenant to pay the “full rent due” at any point before…
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Episode 35: It’s Cold Out! How to Make a Lack of Heat Complaint in NYC
In Episode 35 we discuss what the New York City heating requirements are and how to enforce your rights if you are not getting the requisite amount of heat. Links: • Tenant Law Podcast Website • NYC HPD Website for Heating Standards and Making Heat Complaints • DHCR Heat Complaints for Rent...
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Episode 34: What happens if NYC issues a Vacate Order against your apartment?
In Episode 34 we discuss what happens if a New York City agency issues a Vacate Order against your apartment. We tackle the following questions. Does the landlord have to restore the apartment? How will you know what is going on with the apartment? How can you make the landlord fix the apartment...
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Episode 33: How to Challenge Your Rent Arrears Statement
In Episode 33 we discuss two Housing Court cases that were dismissed because the Rent Demands served upon the tenants as predicates to those cases were confusing. If your Rent Demand is gobbledygook, you may be able to get the current case against you dismissed. In general, whether there is a…
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Episode 32: You Cannot Be Evicted for Being a Victim of Domestic Violence
In Episode 32 we discuss the City, State, and Federal laws that protect victims of domestic violence in housing matters. We look at a very important case where a landlord tried to evict a tenant, when her adult mentally ill son perpetrated serious acts of domestic violence against her. Links: •...
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Episode 31: Are lease-break fees legal?
In Episode 31 we discuss a fascinating case pending in the New York Courts regarding lease-break fees. Links: • Tenant Law Podcast Website • The Complaint in Today’s Case • The Memorandum of Law in Support of a Motion to Dismiss Today’s Case • Suggest future topics at...
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Episode 30: Proving How Long Your Apartment Has Needed Repairs, So You Can Get a Rent Abatement and/or Proper Repairs
In Episode 30 we discuss a case where the tenant lost a lot of relevant text messages about conditions in their apartment, because they changed phones and lost text messages. Not only did they not have that evidence to help them, but a court punished them for not producing those items during...
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Episode 29: Important Questions About the New Good Cause Eviction Law – a Discussion with Two Super Experienced Landlord-Tenant Lawyers
In Episode 29, we conclude our initial four-part series on the historic new Good Cause Eviction Law, by having an awesome panel of highly experienced New York City landlord-tenant litigators discuss the law. Randi Gilbert, Esq. is a partner at Horing Welikson Rosen & Digrugilliers, PC and she...
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Episode 28: What can you do about the hazards caused by warehoused (vacant) apartments in your building? NYC Local Law 1 of 2024!
In Episode 28 we discuss what you can do if you suffer bad consequences from your landlord warehousing empty apartments in your building by examining NYC Local law 1 of 2024. This raises two immediate questions. First, why would a landlord not rent out an empty apartment? Second, why would...
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Episode 27: Good Cause Eviction Notices
In Episode 27 we discuss the new notice requirements imposed by the legislation that brought the Good Cause Eviction Law. These new notice requirements apply to all types of tenancies! Links: • Tenant Law Podcast Website • Good Cause Eviction Law Required DHCR Notice (with rent thresholds) Ask us...
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Episode 26: Are You Covered by Good Cause Eviction? (Part 2 of the Good Cause Eviction Series)
In Episode 26 we continue discussing the historic new Good Cause Eviction Law. The New York State Legislature passed Good Cause Eviction on April 20, 2024. This is the most significant change in landlord-tenant law that I have seen in the 30 years that I have been a landlord-tenant litigator in…
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Episode 25: Good Cause Eviction is Here!
In Episode 25 we discuss the historic new Good Cause Eviction law. There are two major aspects to every regulatory law. First, you need to know what the law does – what does it prevent, what does it require, what protections is it giving you, what restrictions does it put upon you? Second, you…
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Episode 24: What are your rights in Housing Court if you do not have a lawyer? Season wrap up – why is housing law so complicated in New York?
In Episode 24, we discuss a case where a landlord sued a tenant for eviction in Queens Housing Court. The tenant had no lawyer. The tenant signed a stipulation (an agreement) that included waiving some important rights. The stipulation was never presented to the judge for the judge to explain the...
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Episode 23: Roaches (or other infestations) can constitute an immediately hazardous housing violation and result in a suspension of part of your rent obligation.
We discuss cases where roach, spider, and mouse infestations led to violations of the implied warranty of habitability, the landlords were ordered by Housing Court judges to fix the problems, and it resulted in one tenant not having to pay some rent. Links: • Tenant Law Podcast Website • Today’s...
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Episode 22: What happens when you live in your store, shop, studio, or business premises in New York City? Can the landlord evict you in a commercial eviction proceeding?
In Episode 22 we discuss how it affects an eviction process when a tenant has a commercial lease for a store, workshop, studio, office, or any kind of business premises, but tenant begins living in the premises with landlord’s knowledge and consent. Links: Tenant Law Podcast Website Today’s Case:...
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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.
In Episode 21 we discuss how an eviction case in New York can be dismissed if the Rent Demand that the tenant is served with: (a) seeks arrears that are not properly itemized; or (b) includes any amounts beyond the monthly rent. Links: • AK Houses TP4 LLC v. Thurman, 2023 WL 3311755 [New York…
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Episode 20: If I break my lease early does my landlord have to try and find a new tenant? Or am I on the hook for the rent through the end of the lease term?
In Episode 20 we answer the often-asked questions: If I break my lease early does my landlord have to try and find a new tenant? Or am I on the hook for the rent through the end of the lease term? We take a deep dive into recent cases interpreting the new Real Property Law § 227-e, which governs…
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Episode 19: Can I lose my Rent Stabilized apartment because I was away caring for a sick relative?
In Episode 19 we discuss the many factors that go into a court deciding whether an apartment is a Rent Stabilized tenant’s primary residence, focusing particularly on what happens when you need to leave town for a long time to take care of a sick relative. Links: • Definition of Primary…
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Episode 18: The Difference Between Subtenants and Roommates and Why it Matters
In Episode 18 we discuss the very important difference between a roommate and a subtenant, and we explain why that difference is so important. Links: Tenant Law Podcast Website Episode 6: How do I succeed to (inherit) a Rent Stabilized apartment? Today's Case Ask us your questions at...
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Episode 17: Now Rent Stabilized tenants can add their domestic partners to their leases! And considerations before adding a spouse or a partner to a lease.
In Episode 17 we discuss a new rule allowing Rent Stabilized tenants to add their Domestic Partners to their leases, and we also cover some considerations for any Rent Stabilized tenant considering adding a spouse or a partner to their lease. Links: • Tenant Law Podcast Website • The amendments…
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Episode 16: Short-Term Renting (Like Airbnb) in New York City After Local Law 18; Which NYC Tenants Can Still Do Short-Term Renting Legally and How? How to Prevent Illegal Short-Term Renting
In Episode 16 we discuss Airbnb, and all kinds of Short-Term Renting in the wake of the controversial New York City Local Law 18, which recently went into effect. Today’s pod will be longer than our typical 10 minutes because this is a big topic for New York City. We are going to be talking about...
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Episode 15: Can excessive noise from a neighboring apartment legally justify a tenant withholding rent in New York City? And can a tenant run a daycare in their NYC apartment?
In Episode 15 we discuss whether excessive noise from a neighboring apartment violates the warranty of habitability and justifies a tenant withholding rent in New York City. The episode also explores the legality of operating a Group Family Daycare in a New York City apartment. Ask us your...
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Episode 14: If you leave your apartment for a long time, can your landlord change the locks?
In Episode 14 we see a tenant who drove a U-Haul up to his apartment, removed most of his possessions, and drove away for eight months. When he came back, the landlord had changed the locks. Would the court restore this tenant to possession? And why? Link to Today's case Email us with questions…
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Episode 13: You might be Rent Stabilized and/or overcharged if your landlord changed the size of your apartment before you moved in!
In Episode 13 we discuss the often abused and hard-to-discover practice of landlords charging first (market rate) rents for “newly created” Rent Stabilized apartments. Free market tenants as well as Rent Stabilized tenants should pay careful attention to this episode. Your free market apartment...
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Episode 12: You may have rights to an apartment you live in even if you are not the tenant and the lease is not in your name; And, what is the difference between a licensee and a squatter?
In Episode 12 we discuss the many situations where a person living in an apartment is not the tenant and the lease is not in that occupant’s name, but nevertheless, the person has rights and is entitled to a very specific notice before an owner may start eviction proceedings. We look at a case…
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Episode 11: Getting Your Security Deposit Back; Many Tenants Have a Right To a Pre-Exit Inspection
In Episode 11 we discuss the law that says many tenants have a right to a pre-exit inspection. For non-Rent-Stabilized tenants, within a reasonable time after notification by either the landlord or the tenant of either’s intention to terminate the tenancy (unless it is the tenant terminating the...
About this show
On the Tenant Law Podcast we examine new, interesting, and/or important legal cases and laws affecting New York City tenants. First, we give you some background, so you have the context to understand the topic that what we are discussing. Then, we talk about the case or the law. Finally, we give you a Tenant Takeaway! New York City, the law belongs to you. But your ownership of the law is only as great as your understanding of the law. So, let’s learn…to live better! Suggest topics at [email protected] LEGAL ADVICE.
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Tenant Law Podcast
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