Familial Exception to Evictions

On December 8, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Familial Exception to Evictions

Familial Exception to Evictions

Although unfortunate, there are many situations where a person may wish to evict a family member from their property.  It seems that a very common misconception exists.  It seems that most people think that if the family member is over the age of 21, they can be evicted by simple summary proceedings.  This is not the case at all.  These special cases fall under what is known in New York as the Familial Exceptions to Evictions by Summary Proceedings.  This familial exception to evictions applies to designated types of relationships which have developed over time through case law.  If the type of relative that you are attempting to evict falls within these exceptions, the eviction process changes entirely.  It is important to be aware of the familial exception to evictions before an action is commenced to avoid unnecessary delays and costs.  As always, the best way to avoid these pitfalls is to consult with an attorney before proceeding.

Landlord Tenant Attorneys in Mineola

Please feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a Landlord Tenant Attorney.

 

Rent Stabilized Evictions

On December 5, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Rent Stabilized Evictions

Recently there have been many questions regarding rent stabilized evictions.  There are special procedures that need to be followed in rent stabilized evictions.   The lease and notice requirements are just a few of the issues that differ with these special types of evictions.   Courts are definitely strict about protecting the rights of these types of tenants as well.  So it is extra important to dot all of your “i’s” and cross all of your “t’s.”  There also seems to be a lack of clarity on how to destabilize a unit, or when a unit becomes destabilized.

New York Landlord Tenant Attorneys

If you are a landlord with questions about rent stabilized evictions or a tenant trying to defend an eviction in a rent stabilized unit, call (516) 858-2620 to speak with a Landlord Tenant attorney who can help you!

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