A landlord's height has been unfolding in Borough Park, and it raises questions about housing rights, health needs and who should decide who remains and who goes.
Landlord Aneillo Degiuda, a diabetic homeowner in a building with several families, says that climbing the stairs has become too much for him. He wants to move to the more accessible unity on the first floor but It is already occupied by his tenant, Kenyatta Blakely.
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Blakely does not come and arguing does not just matter to him. If the landlord wants the apartment back, says Blakely, he must follow the law.
Local police confirmed that complaints about intimidation have been submitted, with reference to SMS messages from Degiuda that made Blakely uncomfortable, including photos that showed him to come in and leave the apartment. Degiuda denies some misconduct.
“He tried to submit a harassment because I ask him for the rent he did not pay,” Degiuda told News 12.
Now Degiuda says that Blakely has 90 days to leave unity – or can further escalate things.
Deportation laws are clear, but that also applies to the construction of violations
Degiuda can hold the deed, but he does not hold power. In New York, tenants are protected among strict homes, which means that a landlord cannot easily decide when someone should leave. Exception is a legal process that starts with a written notification to leave. That notice period can vary from three to 30 days, depending on the state, and must be supported by a legally valid reason.
In order to want access to the unit on the first floor for health reasons, it is possible to pull the heartache, but it does not meet the legal standard for deportation.
Yet it became messier. Degiuda claimed that Blakely stopped paying rent and is now beyond the five -day grace period. Blakely argued that no one should pay rent at all – not in the current state of the building.
According to the Ministry of Buildings, the basement unit has been under a vacancy order since 2022 due to a lack of lighting, ventilation and required permits. Inspectors even discovered that the vacancy knowledge had been demolished and recorded again – a violation that could bear fines of up to $ 12,500.
This kind of impasse is not rare. Between 2000 and 2018, landlords in the US submitted an average of 3.6 million expansion cases each year, according to research published in the Proceedings of the National Academy of Sciences.
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Next stop: Housing Court
In New York City, landlord pile disputes are often a legal chess competition. And according to the Blodnick Fazio & Clark law firm, many things drag on unfavorably or end up unfavorably for landlords, simply because they do not follow lease conditions or the legally required legal proceedings.
Blakely can withhold rent – and for now he might get away with it. Although it is rarely a good idea to stop paying rent, tenants do have rights, especially when their living conditions are unsafe.
In this case, the Department of Buildings has issued a liberty order on the unit for code violations. But that does not mean that tenants can automatically stop paying rent. Unless a court or housing authority says otherwise, rent is still legally due – even if unity is in poor condition.
That is why it is important to do your due diligence before signing a lease, especially in a complex market like New York City. Regarding a written lease, meet your landlord personally if you can and inspect the property on red flags such as unfinished renovations, missing permits or poor ventilation.
Watch out for so -called “hazard clauses” in your lease, such as giving the landlord the right to enter your unit at any time or to cancel the lease if the building is sold. You can also search for existing violations by checking the record of the property at the Ministry of Buildings of the City.
And before you take matters into your own hands, consider talking to a lawyer or lawyer of a tenant. With the right guidance you can protect your rights – and do not avoid becoming entangled in a legal mess.
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This article only offers information and may not be conceived as advice. It is provided without any form of warranty.
