If you are a commercial tenant in New York …

By: Daniel Gershburg, Esq.

My previous post “If you are a Landlord in Brooklyn…” received good feedback from numerous people, so I think I will make this a regular post focused on practical advice for both Landlords and Tenants in New York (also New Jersey).  Todays bit of practical advice is the following:  If you receive a  notice from the court, NO MATTER WHAT THE LANDLORD TELLS YOU APPEAR IN COURT.  My office is beginning to see more and more cases where a commercial tenant (and sometimes residential) will receive a Notice of Petition from the Court, giving a particular court date on which to appear, and nevertheless do not appear because their landlord specifically told them not to.  What the landlord usually says is that the Notice is a formality.  Starting a lawsuit to evict a tenant and receive money damages is anything but a formality.  It is a serious serious serious action which should be dealt with by appearing in court.  If a landlord tells you that  the Petition is simply a formality, ask the Landlord to immediately send you proof of discontinuance.  She/He wont.  They wont because they’ve gone to the trouble and the expense of hiring an attorney to attempt to evict you.  We have had several cases where we were able to help this exact type of client, however, it is incredibly arduous to do in many cases.  After the court enters a default judgment for your non-appearance, your options become much more limited.To re-iterate, if you receive (and are served with) court papers, the first thing you should do is to seek the advice of an attorney who you trust, and in the alternative to make sure you show up to Court on the date on the notice.  Again, the point is to protect yourself.  You’re landlords promises are all well and  good, but make sure you take care of your interests before you are put in a much more dire position.

Daniel Gershburg Esq., is a Bankruptcy & Real Estate attorney serving a diverse clients in Brooklyn, Queens, Manhattan, Staten Island, Long Island and Westchester.  Mr. Gershburg has given lectures and presentations to both attorneys and the community at large surrounding Bankruptcy and financial advocacy in the New York City area.  Currently he is working on his first book giving practical advice about repairing troubled credit and how to improve credit post Bankruptcy

  • http://mybedstuy.blogspot.com/ keith L Forest

    I wish I would have read your blog before I became case #79518. For the last year – lawyer in toe – have been waging a war against New York City Landlord Tenant Court to no avail in an attempt to rid my Bed Stuy town home of a sulvent tenant who continues to destroy my property and attempt to turn my Amercian dream into a sitcom nightmare.

    In my case, this solvent tenant (solvent in this cases is probably the nicest phrase I can make about this unsavory, demented, psycho path) post over seven (7) and counting “Order to Show Cause” preventing a much needed eviction for taking place, forcing me to take time off my job more then once to defend the fact that “She has not paid and has not the money to pay and therefore should be evicted.” However, the judge time and time again continues to give her 10 days to pay and another 6 (business days) to serve notice equaling an additional month of tenancy before we start the process all over again.

    In the defense of such injustice the court system has told me since the tenants rent, which is now current after being non-existing for over a year, is paid, she is entitled to stay. My argument has been that they can keep the rent I rather have the tenant out due to the numerous infractions she has caused and use the case of her not paying the rears – (back rent) – have not been caught up, forcing me to carry her for over a year without the State of New York lifting a penny to pay, I am facing hardship. The court has had no mercy or sympathy for my plea. In fact, I had a court appointed attorney hired to settle the matter try and silence me when I attempted to defended myself in court. She told me she does not want to hear about my hardship and if I continue to talk she will have me removed.

    These double standard continues to give the tenant a false sense of entitlement which encourages them to coninue to abuse their priviledge and take advantage of the court. In my case the tenant, who has completely destroyed my newly renovated studio apartment with all brand new ammenities (she broke a new gas stove which for the life of me I still cannot figure out how she did that), and create a hostile environment at my expense.

    The tenant in question is not a section 8 tenant but a Rent Plus Program recipient who was in a welfare to work program and gainfully employed when she signed her lease. She fit the profile for an idea tenant – single mother with a child means she would stay committed for the sake of the child. Not this tenant. Within a week she turned out to be a destructive degenerate set on turning my homeownership dream into a sit com spoof.

    In the case of most section 8 tenants, the State just as they have done in my case, will punish the landlord before the punish the tenant, by cutting off your direct payments when a tenant does not meet certain requirements. They then place the burden of back rent on the tenant, who is dependent on the supplement to help them make ends meet. In most cases these are good people who use the subsidy to their advantage. However, the court will make the landlord suffer and again in the state of New York, will not immediate evict the tenant.

    In my opinion, and I will preach this to whomever cares to listen; it is not worth the headache to rent to a section 8 or any program tenant. Your property will suffer immeasurable and unfortunate abuse, they destroy your peace and in most cases will not pay their portion of the rent no matter how hard you press them and to add insult to injury, the court system will protect their rights over yours.

    I am personally making it my mission to have some of these unfair practices and unjust policies in New York Tenant Landlord Court changed. This city has made a demand on its citizenry to become stake holders in our community. Although they offer subsidized homeownership programs, and encourage hard working residence to take not only take on homeownership, but aspire them to become landlord by purchasing multi family homes, they are doing nothing to protect us once we sign mortgages that calculate anticipated rent fees in the overall equation. Too many homeowners are loosing their homes and are unable to pay their rent do to unfair practices from Landlord Tenant Court. As both property and individual tax payers, our dollars are paying their salaries and we have a right to demand that they protect us by instituting fair practices that support our efforts in collecting rent from tenants.

    If anyone reading this posting that lives in the New York City region has suffered a similar faith at the hands of the unjust practices of New York Landlord Tenant Court, please forward a reply to me at bainbridge268@aol.com. Please include the subject line “Homeowners Justice” Standing united we can challenge these unfair practices and change tilt the scales a little in our favor. or visit my blog at http://mybedstuy.blogspot.com/

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