New York Law Aims to Care for Pets Left Behind in Evictions
New York Governor Andrew Cuomo has signed the “No Pet Gets Left Behind Law” to protect pets from being abandoned after an eviction occurs. In many instances, people are not home when they are evicted from a premises.
This situation caused one tenant to be unable to go into the apartment and retrieve his dog following a legal lockout. The dog was unfortunately left in the apartment for two days before the tenant was allowed in to retrieve his pet.
Can you evict a tenant for damages caused by subtenants?
Under the Anti-Eviction Act, one of the ways in which a landlord may regain possession of a leased premises is by proof of willful or grossly negligent conduct that caused or allowed destruction, damage or injury to the premises. N.J.S.A. 2A:18-61.1(c). Generally, when landlords are seeking to evict a tenant under this section of the statute, the tenant was the individual who caused the damage.
A LANDLORD’S OBLIGATION TO ACCOMMODATE SERVICE, COMPANION OR EMOTIONAL SUPPORT ANIMALS
The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, whose discriminatory practices make housing unavailable to persons with disabilities. Recognizing that individuals with physical disabilities often require the services of an animal to assist them in their daily activities, the FHA has enacted rules to address this issue under Section 504b of the Rehabilitation Act of 1973 (the “Act:).
Common Areas of a Building Must Be Properly Maintained
New York landlords may be surprised to find that their tenants have a right to sue (and recover damages) due to losses sustained in certain common areas of their buildings. Landlords must therefore adequately maintain common areas and avoid creating a situation in which a tenant is likely to “blame” them for losses.
New York Landlords May Evict Their Month to Month Tenants for Any Reason
In the state of New York, eviction can be a rather frustrating process, depending on the hostility of the tenant and their willingness to challenge legitimacy or legality of the landlord’s eviction actions.
New Jersey Landlords Must Not Retaliate Against Their Tenants
In New Jersey, as in most other states, landlords must be careful to avoid infringing on their tenant’s rights — particularly in the wake of a complaint or other legal action taken by the tenant. New Jersey statutory law basically prohibits (and serves as grounds for a civil action for damages and other relief) landlords from retaliating against their tenants for exercising their legal rights.
Procedural Requirements for Notifying a Tenant of Eviction
In New Jersey, and throughout the country, a tenant may be evicted under certain circumstances (i.e., rent nonpayment, disorderly conduct, willful destruction of property, violation of rules in the rental agreement, etc.), but it’s important to note that landlords are not bestowed with unlimited power with respect to evictions. Landlords must act in accordance with the various procedural rules imposed on them by the state of New Jersey — particularly with regard to notification of their intent to evict the tenant.
Amendments to Anti-Eviction Act Would Provide Landlords with Recourse for Overcrowding
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.
Recent Developments with New Jersey Affordable Housing
It has been forty-three years since the first Mount Laurel decision, decided by the New Jersey Supreme Court in 1975, recognized that municipalities have a constitutional obligation to produce a fair share of housing for low to moderate-income families.
What Happens to the Lease When a Tenant Dies or Vacates to a Nursing Home?
As a residential landlord, it’s important to understand that New Jersey statutory law grants tenants (in very limited circumstances) the option of prematurely terminating their lease without having to incur the normal penalties of vacating a lease early.