New York City’s Tenant Protection Act protects tenants from landlord harassment but is balanced to stop frivolous claims by tenants. Landlords have a pecuniary interest in evicting tenants residing in rent-stabilized or rent-controlled apartments. While there are tenants who illegally sublet their regulated apartments for a profit while they live elsewhere, there are also instances where innocent tenants find themselves being harassed by their landlords. The Act protects tenants who are being harassed by landlords looking to evict them.
The prototypical eviction involves a landlord and a tenant who has not paid his rent. However, evictions come up in other situations. A landlord might evict a squatter. Or a roommate who is not on the lease may be evicted by his fellow roommates. The legal process used in all these situations are the same: a summary eviction proceeding filed in Civil Court. (A rather important, though rare, exception: if the premises being rented lacks a proper certificate of occupancy from the city, you have to bring an action for ejectment in NY Supreme Court. This is really slow and troublesome.) [Read more…]