Updated August 2021: Key legal updates for NYC non-payment eviction cases.

Aug 5, 2021

Kiritsis Law -- Call us at 212 922 0005

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

The law seems to be so fluid in this area, that this legal guide type article may likely be out of date by the time of its publication. It should be noted that any legal moratorium, which may have expired and/or set to expire, may now have been prolonged due to recent CDC rolled out guideline(s)-triggering regulations.  Also, the renewed coronavirus health risk exposure rate, due in part to the spread of the Covid-19 delta type variant, may lead housing courts across the 5 boroughs, to undo recently relaxed/normalization actions (if any).

 

A rundown of key legal principles.

Contrary to a lot of erroneous, confusing, and sometimes seemingly nefarious posted information on the internet, there is generally NO constitutional right to a lawyer with regards to New York legal cases involving real property controversies in Housing Court. A non-payment legal eviction case differs significantly in many facets, with regards to holdover type of eviction legal cases.

 

Law is constantly changing.

The laws regarding landlord tenant housing court cases are NOT uniform across the State of New York. Even in cases, where the applicable laws, rules, and regulations would appear to be somewhat the same, their application, interpretation and/or enforcement could vary widely when accounting for legal customs differences, between let's say Richmond County (Staten Island) versus Bronx County.  It should be noted that Housing Courts across the 5 boroughs have for the most part (albeit in varying degrees) done a good job in providing key legal updates on some popular questions through their webpage sites.

 

List of some useful citations and possible references could include:

– U.S. Constitution

– New York Constitution 

– New York Real Property Law

– New York General Obligation Law

– New York Condominium Act

– New York BCL (Business Corporation Law)

– New York Limited Liability Company (LLC) Law

– New York State Bar Association

– New York City Bar Association

– COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020

– HSTPA of 2019

– Bankruptcy Code

– Internal Revenue Code

– Covid-19 Emergency Protect our Small Businesses Act of 2021

– New York UCC Laws

– New York Lien Law

– New York Landlord-Tenant Law

– New York City Housing Court

– New York Small Claims Court

– New York Supreme Court

– NYS Appellate Court

– NY Appellate Division

– New York Court of Appeals

– U.S. Supreme Court

– New York State Executive Laws Section 296

– NYC Board of Standards and Appeals

– New York Real Estate Finance Bureau

– Uniform Land Use Review Procedure (UULURP)

– New York City Planning Commission

– Department of Buildings

– Department of Finance

– New York City Council

–New York State Assembly

– Martin Act

– SBRA (Small Businesses Reorganization Corporation Law)

– New York Labor Law Section 2408241 (Scaffolding Law)

– New York Assembly Bill No. A2554

– Federal & New York State Case Law.

 

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