There is a lot of money at stake. Once the rent for a regulated apartment exceeds $2,000 a month, the landlord is free to charge market rents, which can be hundreds or even thousands more than the regulated rent. The fastest way for a landlord to increase the rents is to evict a tenant. A landlord who evicts a tenant living in a rent-stabilized apartment can get a 20% vacancy increase from the next tenant in a two-year lease. He can also get a monthly increase equal to one-fortieth of any renovations performed during the vacancy. For instance, a $4,000 set of hardwood flooring nets an increase of $100 a month until the apartment becomes deregulated. Otherwise, the landlord would have to settle for annual increases of  less than 10% for a two-year renewal lease.

Landlords have to resort to the legal system to evict a tenant, rent-regulated or otherwise. Landlords cannot turn off the utilities to an apartment or change the locks to settle a dispute with a tenant. A tenant who is being harassed by their landlords now have the option of filing a claim in Housing Court under New York City’s Tenant Protection Act (TPA). Landlords who harass tenants can be penalized between $1,000 to $5,000 for each offense. The law bars landlords from using force or making threats against a tenant, repeated or prolonged interruptions of essential services, using frivolous court proceedings to force an eviction, removing the possessions of a lawful tenant, removing doors or damaging locks to a unit, or any other acts designed to disturb a lawful occupant’s residence.

The Tenant Protection Act is balanced to protect landlords from baseless claims by disgruntled tenants. Landlords may be awarded attorneys fees if a TPA claim is frivolous. And if a landlord has three harassment allegations dismissed a ten year period, a tenant will then have to receive approval from a judge to file another harassment claim.

We have seen landlords harass tenants by not accepting rent. They either stop coming around to accept rent, or they refuse to deposit rent checks. The landlord eventually files a nonpayment eviction proceeding. Tenants who find themselves in this situation should send their rent by certified mail to their landlord, keeping the mailing receipt and a photocopy of the rent check. If the landlord keeps refusing the certified mail, keep the returned letter as evidence. Be wary. Sometimes landlords will cash all the checks at once. If the checks bounce, they will sue for nonpayment.

Tenants who believe they are being harassed by landlords should consider filing a claim under the Tenant Protection Act.

You cannot take matters into your own hands by locking the tenant or roommate out. You may not turn off his electricity, water, gas, or heat to badger him into moving out on his own. These self-help remedies are illegal in New York City, where they constitute a Class A misdemeanor under Section 26-521 of the Administrative Code. These remedies also open the door for triple damages for the wrongfully-evicted person. Do not resort to self-help eviction.

If the person is being evicted for not paying his rent, you must serve him with a written demand for monies owed at least three days before initiating eviction proceedings. The written demand must give an exact sum that is due, must disclose that nonpayment may result in eviction, and must be served upon the person by a third party. Anything other than strict adherence to these requirements may result in the court throwing the petition of eviction out, leaving you to start again from square one. Keep in mind, however, that the person being evicted could always choose to pay the deficiency and stay. Furthermore, roommates cannot file such an action against another roommate.

If an eviction is sought for any other reason, it must be brought as a holdover proceeding. If you are evicting someone who never paid you rent, such as a squatter or a licensee, you must serve them with a notice that you intend to evict them at least ten days before you initiate legal proceedings. The wrinkle here is that if you choose to evict someone who is current on their rent on a month-to-month lease, which is the default if you don’t have a lease in place. In this case, you must first terminate the landlord-tenant relationship before petitioning for a summary eviction. Thus, you must serve a thirty day’s notice on the person before the beginning of the next rental term. You cannot collect rent or the court may find that you formed a new landlord-tenant relationship.

After the necessary time period has passed, you may file a proceeding in the proper Civil Court. You must serve a copy of the papers on the person you are trying to evict. You will have a hearing to review your petition for eviction. Bring all your evidence showing that you followed all the steps to the letter, especially the service. You must also bring evidence to back up any claim of nonpayment or breach of the rental conditions if you have any. The court will issue a ruling relatively quickly. If you prevail, the judge will issue an eviction order that a marshal will enforce if the person does not leave on his own accord.

You are, of course, free to contact Jakubowitz & Chuang LLP if you have a landlord-tenant case you need resolved by professionals.