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SUBLETTING IN NEW YORK - LIMITATIONS AND GUIDELINES
July 24, 2019 Posted in Landlord/Tenant Law Share
Navigating the subletting of rental apartments in New York can be a tricky business for Landlords and Tenants alike. This is especially true if the tenant is receiving subsidies or public housing assistance, and if the apartment is rent stabilized. Tenants and Landlords should be aware of the differences between subletting, assigning a lease, and having guests visit the apartment dwelling. This article is intended to provide some valuable information for Landlords and for Tenants who decide to sublease or to allow a sublease.
Understanding the Laws Related to Lease Terminations Due to Disabling Illness, Accident or Death
By May 30, 2019 Posted in Landlord/Tenant Law Share
When a tenant passes away, landlords often face questions of what to do with the apartment and how to respond to family members and next of kin during such an emotional time. There is also the difficult situation of handling a tenant who has become ill, infirm, and/or needs to terminate his/her tenancy early to transfer permanently to a nursing or assisted living home. Under the law, there are certain requirements that a tenant or next of kin must follow to provide for a smooth transition in such times
FAIR HOUSING LAWS AND SEGREGATED POOL USE
By May 2, 2019 Posted in Landlord/Tenant Law Share
Griffin Alexander, P.C. watches and anticipates recent trends, legislation and lawsuits governing community association and landlord/tenant law. One recent trend in community living is association concern conflicting fair housing laws.
THE LANDLORD’S RIGHT TO EVICT A LOUD TENANT IN NEW JERSEY
By April 29, 2019 Posted in Landlord/Tenant Law Share
Landlords have a strong interest in protecting tenants from noise disturbances caused by other tenants. Many common noise complaints are loud music, shouting/yelling, slamming doors, banging/stomping, and dog barking (where pets are permitted under the lease). In New Jersey, a landlord may evict a tenant for excessive noise caused by either the tenant or his guests and invitees. It is not likely that a tenant who is responsible for loud noise disturbances on one or two occasions during daytime hours will result in an eviction proceeding, but rather it is a continuing pattern of loud noise disturbances at various times of the day and evening.
Overcharging Rent-Controlled Tenants Could Lead to Penalties
April 9, 2019 Posted in Landlord/Tenant Law Share
Rent control ordinances are handled at the municipal level in New Jersey, and this leads to significant variance from city-to-city. It’s important to understand, however, that violations of rent control ordinances are handled by state law.
Amendments to Anti-Eviction Act would Provide Landlords with Recourse for Overcrowding
By April 5, 2019 Posted in Landlord/Tenant Law Share
A new bill was recently proposed to the New Jersey Senate amending the Anti-Eviction Act (N.J.S.A. 2A:18-61.1). The bill, sponsored by Senator Anthony R. Bucco of District 25 (Morris and Somerset), amends the Anti-Eviction Act (“Act”) to include a method of eviction for overcrowding in residential apartment communities.
New Jersey Law Governing Rent Increases
March 7, 2019 Posted in Landlord/Tenant Law Share
There are statewide and municipal regulations in New Jersey governing the legality of rent increases.
What Every Landlord Should Know When a Tenant Files a Bankruptcy Petition
March 5, 2019 Posted in Landlord/Tenant Law Share
The filing of a bankruptcy petition by a tenant will alter the landlord tenant relationship. Specifically, the filing of a petition will affect a landlords rights as it relates to evictions, and the collection of rents that are in arrears. A violation of the bankruptcy rules by a landlord carries significant penalties, and therefore, any action by a landlord subsequent to the filing of a petition must be addressed with deliberate care.
New Jersey Appellate Court upholds Lower Court Decision to evict tenant for Assault
February 20, 2019 Posted in Landlord/Tenant Law Share
In a recent written opinion, the New Jersey Appellate Division upheld a trial court’s ruling permitting the eviction of a tenant who was found to have assaulted another tenant. This case, Tamerlane & Tamerlane III v. Andrea Hollis, (Docket Number: A-3788-16T3, decided December 12, 2018, not for publication without approval of the Appellate Division), is notable in that the tenant was evicted even though she was not criminally prosecuted or found guilty of assault. The decision is also noteworthy for landlords and property owners as it addresses the valid legal steps to evict a resident who is acting in a similar manner.
Implications for Pennsylvania Landlords, Homeowners Associations and their Residents under Pennsylvania's Assistance and Service Animal Integrity Act
February 20, 2019 Posted in Community Association Law, Landlord/Tenant Law Share
On October 24, 2018, the Pennsylvania State Legislature passed Act 118, known as the Assistance and Service Animal Integrity Act (“ASAIA”). This law, which went into effect on December 24, 2018, is aimed at preventing residents living in apartment building communities and homeowners associations from committing fraud in claiming that their pet is a service or assistance animal when in fact the residents do not have a disability, and keeping the animal would otherwise be a violation of their lease or homeowners association rules.