FAQs

1 When should I hire a landlord-tenant lawyer in Brooklyn? What are the costs?

You should hire an attorney whenever there is a breakdown in communication between landlord and tenant.

For Tenants: hire a lawyer if an eviction case is started against you, if you need help getting repairs in your apartment, if you believe you have been overcharged illegally in a rent-stabilized unit, or if you have been illegally locked out.

For Landlords: Hire a lawyer to evict a tenant, if a tenant has stopped paying rent, or if you are being sued by a tenant or need help with DHCR compliance.

Legal costs vary. Firms may charge flat fees for simple matters or hourly rates (with an upfront retainer) for contested court cases.

Navigating Housing Court alone is a significant risk. The cost of an attorney is often far less than the cost of an unfavorable outcome. Contact our firm for a consultation to get an honest assessment of your case and the potential legal costs.

2 How long does an eviction take in NYC Manhattan Housing Court from start to finish?

An eviction in Brooklyn is a multi-step process that takes months, not weeks.

• Notice Period (14 to 90+ days): Before a case can be filed, the landlord must serve proper legal notices.

• Court Process (1 to several months): Once filed, a contested case can involve multiple court appearances and adjournments, stretching for several months.

• Post-Judgment (14+ days): If the landlord wins, a City Marshal must still serve a final 14-Day Notice of Eviction before a lockout. Even then, a tenant may file a series of court papers called orders to show cause which can delay the process further.

• An uncontested eviction might take 3-6 months. A contested case can take 6-12 months or longer.
  
  The eviction timeline is longer than most people expect. An experienced attorney can help navigate the court system efficiently. Contact our firm to understand how the facts of your case might impact the timeline.

3 I'm a tenant in a rent-stabilized apartment in Astoria Queens and believe I'm being overcharged. How can I check my rent history and file a claim?

If you believe you are being overcharged in a rent-stabilized apartment, you have the right to file a complaint.

First, request your apartment's official rent registration history from the NYS Division of Housing and Community Renewal (DHCR). Review it for any large, unexplained rent jumps. If you find discrepancies, you can file a rent overcharge complaint with the DHCR. If the DHCR finds a willful overcharge, you may be entitled to recover the overcharge plus interest and even "treble damages" (three times the amount).

Proving a rent overcharge claim can be complex, but the potential recovery is substantial. If you suspect you are paying more than the legal rent, contact our firm. We can help you analyze your rent history and file a powerful claim.

4 I own a rent-stabilized building in Brooklyn. What are my legal obligations and how do I handle lease renewals and rent increases?

Owning a rent-stabilized building in Brooklyn requires strict compliance with rules from the Division of Housing and Community Renewal (DHCR). Key obligations include:

• Lease Renewals: You must offer a renewal lease on a DHCR form between 90 and 150 days before the current lease expires.

• Legal Rent Increases: Rent increases are set annually by the NYC Rent Guidelines Board (RGB). You cannot charge more than the authorized percentage.

• Rent Registration: You must register all stabilized apartments and their rents with the DHCR every year. Failure to do so can result in a rent freeze and other penalties.

• Navigating DHCR regulations is a challenge. Non-compliance can lead to severe penalties. Contact our firm for a consultation to ensure your investment is protected and your practices are fully compliant.
  

5 What are the rules for security deposits in Brooklyn? How can I get my deposit back?

In Brooklyn, a security deposit cannot be more than one month's rent and must be held in a separate bank account. A landlord can only make deductions for unpaid rent or damages beyond normal wear and tear.

The most important rule is that after you move out, the landlord has 14 days to either return the full deposit or provide a written, itemized statement explaining any deductions. If they fail to provide this statement within 14 days, they lose the right to keep any part of the deposit. If your deposit is wrongfully withheld, you can sue in Small Claims Court.

Security deposit disputes are very common. If your deposit has been wrongfully withheld or you are a landlord needing guidance, contact our firm to discuss your rights and options.

6 How does NYC's "Good Cause Eviction" law affect landlords and tenants in Brooklyn?

The "Good Cause Eviction" (GCE) law, effective April 20, 2024, gives tenants in many market-rate apartments new protections. Landlords of covered units must now have a legally recognized "good cause" (e.g., non-payment of rent, lease violation) to evict a tenant or not renew a lease.

The law also protects tenants from "unreasonable" rent increases, defined as anything above 5% + the local Consumer Price Index (capped at 10% total). The law does not cover all units; exemptions include buildings owned by "small landlords" (10 or fewer units) and rent-stabilized apartments.

Call to Action: GCE law is a major change. Whether you are a landlord needing to ensure compliance or a tenant with new protections, contact our firm for a consultation to understand how this law applies to you

7 I received an eviction notice in Brooklyn. What are my rights and what should I do immediately?

Receiving an eviction notice is the start of a legal process, not the end. You cannot be legally locked out by your landlord without a court order from a judge. Immediate steps:

• Identify the notice: Is it a Rent Demand, a Notice of Termination, official court papers (Petition), or a final 14-Day Marshal's Notice?
  

• Do not ignore it: Strict deadlines apply. You must file an "Answer" with the court if you receive a Petition, typically within 10 days and appear in court on the date stated.
  

• Gather evidence: Collect your lease, rent receipts, and photos of any needed repairs.
  

• Know your defenses: You may have defenses like a breach of the "Warranty of Habitability" (unsafe conditions) or retaliatory eviction.
  

• Navigating an eviction alone puts your housing at risk. Contact our firm for an urgent consultation to review your notice and discuss your options to build the strongest possible defense.

8 What is the legal eviction process in Brooklyn for non-payment of rent?

In Brooklyn, a landlord cannot change the locks without a court order. The legal process requires specific notices before filing a case in Kings County Housing Court. Key steps include:

• A 5-day late notice sent via certified mail.

• A formal 14-Day Rent Demand served to the tenant.

• Filing a "Notice of Petition and Petition" in court.

• A court judgment, followed by a "Warrant of Eviction" issued to a City Marshal.

• The Marshal serves a final 14-Day Notice of Eviction before a legal lockout can occur.

The eviction process is complex and unforgiving of errors. Whether you are a landlord or tenant, contact our firm for a confidential consultation to protect your interests.

9 My Park Slope Brooklyn apartment has serious issues (no heat, leaks, bed bugs and cockroaches). What is the "Warranty of Habitability" and how can I force my landlord to make repairs?

Under NY law, every lease includes a "Warranty of Habitability," a promise that your apartment is safe and livable. This covers serious issues like no heat, leaks, or pest infestations. To enforce your rights:

• Notify your landlord in writing. This creates a crucial paper trail.

• Call 311 to have the city's housing agency (HPD) issue a violation.

• File an HP Action in Housing Court to ask a judge to order the landlord to make repairs.

• Withholding rent is a risky option that will likely lead to your landlord suing you. It is best to consult an attorney first.

• You do not have to live in unsafe conditions. If your landlord is ignoring your requests for essential repairs, contact our firm for a consultation to enforce your right to a safe home.

10 My tenant is violating the lease in our Brooklyn apartment. What are the steps for a "holdover" eviction?

A "holdover" eviction is for lease violations other than non-payment of rent. The process is highly technical.

For most violations (e.g., an unauthorized pet), you must first serve a "Notice to Cure," giving the tenant a chance to fix the problem. If they don't, you must then serve a "Notice of Termination" to end the tenancy. The notice period (30, 60, or 90 days) depends on how long the tenant has lived there. If they still don't leave, you can file a holdover case in Brooklyn Housing Court.

Holdover cases are complex, and a single error can get your case dismissed. If you are a landlord dealing with a problematic tenant, contact our firm for a consultation to ensure the process is handled correctly.