The UnderwoodLaw Blog

Eviction Rights and Resources in New York

Tue, 22 Apr 2025 15:22:55 +0000

Eviction Rights and Resources in New York

1. Key Takeaways
2. What Constitutes Eviction in NY?
3. Valid Grounds for Eviction in New York
- Failure to Pay Rent Promptly
- Violating Lease Terms
- Illegal Activities on the Property
- End of Lease Term and Non-Renewal
4. Eviction Notice Requirements in NY
- Notice to Comply Explained
- Serving the Eviction Notice Correctly
- Consequences of Improper Notice
5. Steps Landlords Take to File Eviction
- a. Initiate Court Action
- b. Serving Petition
- c. Tenant's Response Options
- d. Presenting Evidence in Court
- e. Obtaining a Judgment of Possession
- f. Executing the Eviction
6. Tenant Rights and Defenses in Eviction Cases
7. Navigating the Eviction Timeline in NY
- Initial Notice Period
- Court Proceedings Duration
- Move-Out Timeframe After Judgment
8. Resources for Tenants Facing Eviction
- Emergency Housing Services
- Free Legal Aid Options
- Tenant Advocacy Groups
- Government Assistance Programs
9. How Rent Control Impacts Eviction
- Restrictions on Eviction Reasons
- Limits on Rent Increases
- Succession Rights for Tenants
10. Seeking Legal Assistance: Eviction Lawyer Buffalo NY
- When to Hire an Eviction Lawyer
- Understanding Non-Payment and Holdover Cases
- Benefits of Legal Representation
11. Conclusion
12. Frequently Asked Questions

Key Takeaways

Eviction in New York is a legal process, governed by strict laws. Landlords should be required to provide adequate notice, legitimate grounds and abide by appropriate court processes in order to avoid wrongful evictions. Learning these regulations are key for both landlords and tenants to help protect both sides while abiding by the law. This change requires landlords to have a good cause to evict tenants. These may be for nonpayment of rent, breach of lease terms, criminal activity, or simply expiration of a lease term. Proper documentation and compliance with legal procedures are crucial to substantiating eviction actions and preventing challenges. Tenants have rights throughout the eviction process. They can challenge wrongful eviction notices, make case for their right for “good cause” not to be evicted, and pursue legal and economic support. Knowing these rights will better prepare tenants to face an eviction and ensure they come out on the other side whole. Understanding the rules for serving eviction notices is especially important to ensure cases aren’t delayed or thrown out. Landlords have to use legally recognized ways of serving notices. They must keep thorough documentation to prove they are in compliance with New York state law. The eviction process involves several stages, from initial court action, serving a summons, allowing tenants to present evidence to a judge and receive a judgment. For both landlords and tenants, legal representation is crucial to help both sides traverse the burdensome court system effectively. Tenants at risk of eviction can connect with resources such as emergency housing assistance, free legal services, and tenant advocacy organizations. By proactively looking for help with these groups, tenants are better positioned to defend their rights and fight for stable housing.

Eviction in New York is a legal process whereby a landlord can have a tenant removed from his rental property. This may occur for a variety of reasons, such as failure to pay rent or breach of the rental agreement.

Whether you’re a tenant or a landlord, knowing how the eviction process works is key. It’s not as simple as just deploying new technology. In New York, the eviction process typically begins with a legal notice.

This provides an opportunity for landlords and tenants to settle issues without things getting to the point of needing court intervention. Timelines, tenant rights, and documentation needed often differ based on the basis for eviction and the county/city where the eviction occurs.

This process can be very difficult to navigate, so it is extremely important to remain aware of your rights and responsibilities.

What Constitutes Eviction in NY?

Eviction in New York refers to the legal process by which a landlord removes a tenant from a rental property. It’s a highly regulated market governed by extremely protective laws to ensure both sides are protected. Eviction in New York requires landlords to undertake strict legal guidance, starting with a required legal warning.

The type of notice varies: a 14-day notice is for unpaid rent, while a 3-day notice addresses serious, irreparable lease violations. For curable violations, tenants would at least get a 10-day notice to remedy the breach. Month-to-month tenancies require a 30-day notice, and longer tenancies demand either 60 or 90 days, depending on the lease length or duration of occupancy.

Eviction is not simply the result of missing rent. These are nonpayment of rent, default in the lease, or expiration of the lease without renewal. For example, if a tenant fails to pay rent but does so within the 14-day period, the landlord cannot continue with the eviction.

Equally concerning, a significant lease violation—such as property damage—only needs a 3-day notice to leave, skipping over chances to amend. Compliance with these laws is incredibly important to landlords since they can face eviction.

Illegal activities such as evading notice requirements or illegally evicting tenants may result in monetary penalties, lawsuits, and harm to your public image. In New York City, the 2019 Right to Counsel program provides for free legal assistance to qualifying tenants, which makes following the rules even more critical.

Further, unlawful evictions are harmful and dangerous to tenants. Once a judge has issued a Warrant of Eviction, tenants typically are provided with 14 days to leave before law enforcement will forcibly evict them.

Valid Grounds for Eviction in New York

In New York, as in many places, landlords need sounding legal grounds—sort of good cause—to evict a tenant. The Good Cause Eviction law specifically lists these as valid reasons. It’s a delicate balancing act, but one that protects tenants and property owners alike. Each of these are discussed in-depth below, focusing on the legal standards to meet, and what type of evidence you will need to present to support your case.

Failure to Pay Rent Promptly

Nonpayment of rent in a timely fashion is pretty much the bedrock tenant responsibility. Usually, leases or rental agreements will set a specific due date, and many include an automatic short grace period. When tenants do not pay, landlords are required to give a 14-day pay or leave notice before initiating eviction proceedings.

Consistent late payments could make the landlord’s case for terminating your tenancy more robust. Detailed records of unpaid rent, such as when it was due and the total amount owed, are key to substantiating claims in court.

Violating Lease Terms

Breaking important lease terms, like subletting without permission or destroying property, is fair game. Landlords are required to give tenants written notice, giving tenants a chance to correct any violations.

Written rental agreements minimize conflicts, and documentation evidence of violations, such as photographs, emails or other records, bolster legal cases.

Illegal Activities on the Property

Illegal activities that threaten the health and safety of neighbors, such as drug dealing or robbery, give grounds for an immediate eviction. It’s crucial for landlords to record incidents, whether through police reports, witness statements, or video, to substantiate claims in court and prove their validity.

End of Lease Term and Non-Renewal

Rent-regulated landlords are rarely able to simply decide not to renew a lease. Notice of the impending eviction, usually 30-90 days notice, is required. Holdover tenants, who stay on without renewal, can be subject to eviction action.

Record keeping for lease terms and notice of delivery protects documentation from legal challenges.

Eviction Notice Requirements in NY

Under New York law, eviction notices are necessary. They protect the integrity of our judicial system by guaranteeing an even-handed and open process between landlord and tenant. These notices differ based on the situation—length of time living there, failure to pay, breach of lease, etc.

For month-to-month tenants, the required notice period depends on their length of stay: 30 days for less than a year, 60 days for one to two years, and 90 days for over two years. In eviction actions based on nonpayment of rent, landlords are required to send a written, 14-day notice to pay rent or leave the property.

Scenarios involving lease violations generally require a 10-day notice to cure the violation.

Notice to Comply Explained

A notice to comply is an initial written notice that must be given to tenants if they need to remedy a lease violation or other appealable conduct. For instance, when a tenant violates terms related to pets, landlords may serve a 10-day notice to cure.

Tenants usually have at least 10 days to answer or cure. If they don’t, landlords can go ahead and file an eviction petition. Documenting all notices of non-compliance, noting dates issued and any tenant replies, is especially important to bolster any future legal actions should disagreements occur.

Serving the Eviction Notice Correctly

You are required to serve eviction notices by specified means. These methods include personal delivery, certified mail, or posting them on the rental property. Defenses such as improper service, including failure to adhere to required legal procedures, can void the notice, stalling the eviction process.

Including a witness during delivery strengthens the landlord’s case in court, ensuring proper documentation.

Consequences of Improper Notice

Landlords who send an incorrect notice would incur severe legal penalties, such as dismissal of their case. Tenants can fight unwarranted notices, extending court processes. Engaging with legal professionals can further empower landlords to dodge missteps and navigate their course toward compliance with the legislation.

Steps Landlords Take to File Eviction

Knowing the eviction process step-by-step is essential for landlords to make sure they follow legal procedures to avoid wrongful eviction and protect their property rights. Each move comes with required actions, filing fees, paperwork, and compliance with local eviction rules.

Here, I’ll walk through the steps landlords take to file an eviction.

a. Initiate Court Action

Changing gears, the actual eviction process starts once a landlord files a Petition and Notice of Petition at their local court. Step one, cover the court’s filing fees.

Next, file required paperwork, such as the Notice to Quit, rental agreement, and any evidence backing your case, such as documentation of overdue rent.

Perhaps most importantly, pay close attention to your local court rules—they govern the format, filing deadlines, and procedures for these filings.

Here, courts usually schedule hearings within an established timeframe, usually 2-4 weeks after filing, depending on the jurisdiction’s rules.

b. Serving Petition

Once the petition is filed, serving the petition to the tenants is next on the list. This needs to be done quickly and in legal terms, because improper service can stall the entire eviction process.

Many courts now require use of a neutral third party for service. The court clerk plays an essential role in checking for the issuance of these key documents.

c. Tenant's Response Options

Tenants can respond by contesting the eviction, negotiating a settlement, or failing to respond, which may lead to a default judgment.

Those responses must be timely, as even minor delays can lead to a tenant evicting.

d. Presenting Evidence in Court

Landlords need to gather all documentary evidence in the landlord’s possession like rent ledgers, notices, and communications to support their claims.

Witnesses can bolster the case.

e. Obtaining a Judgment of Possession

Judges scrutinize the validity of all notices, terms of the lease, and evidence brought to the bench before awarding a favorable judgment.

This court order allows landlords to take back their unit.

f. Executing the Eviction

Last, landlords work with police or sheriff’s departments to carry out the eviction order. Upholding tenant rights at this stage is important to preventing costly legal violations.

Tenant Rights and Defenses in Eviction Cases

Knowing what you are entitled to during the eviction process is key to standing up for your right to stable housing. Tenants must receive adequate notice before eviction can go forward. This includes receiving a legally compliant notice with clear reasons for eviction, such as nonpayment of rent or lease violations.

Tenants with rent-stabilized apartments have additional protections. In New York City, rent increases are limited to a maximum of 8.82% right now, preventing the loss of affordability.

Understanding common defenses will empower tenants to fight evictions. If a landlord drops the ball on heating—particularly if it gets below 40°F at night—you have a clear defense. Clearly, this second case is a breach of habitability.

Similarly, if a landlord attempts eviction for unpaid pandemic rent under the Tenant Safe Harbor Act, tenants could argue financial hardship, provided they filed a hardship declaration before January 15, 2022.

Legal representation is key in guiding tenants through these often complicated cases. Attorneys are able to quickly spot procedural mistakes from notices filed incorrectly to actions taken in retaliation. They make for compelling arguments that protect tenants and keep them in their homes.

Submission of supporting evidence such as maintenance records or proof of financial hardship bolsters the defense. Negotiating settlements is an equally realistic alternative.

Tenants can obtain extra time to vacate—up to a year—if they can demonstrate it’s hard to find replacement housing of similar quality. These routes are particularly important for month-to-month tenants to be aware of, as they do not have protections of long-term leases.

Navigating the Eviction Timeline in NY

Understanding the eviction timeline in New York is crucial for both landlords and tenants to ensure compliance and manage expectations. The eviction process moves through five stages. Each phase has its own collection of deadlines and requirements that significantly affect the timeline, as well as the results obtained at the end.

Initial Notice Period

The timeline begins over a month before a court case with an eviction notice, which differs based on the eviction reason. For cases based on non-payment of rent, landlords are required to issue a 14-day notice to pay or leave. For other causes, like lease violations, the notice period may vary.

Adhering to these requirements is pivotal, as failing to provide proper notice can nullify the eviction attempt and restart the process. Depending on the notice period, this can greatly impact the overall timeline, which may already take more than 30 days, given court processes.

Court Proceedings Duration

After the first notice is filed, the timeline moves to court stages. The tenant only has 10 to 17 days from when they are served with the summons to get their answer together. Once the court processes their answer, the hearings will be set within 3 to 8 days.

Things such as court calendars, tenant answer, and complications in the case can add more time to this process. Unfortunately, this phase usually stretches on for weeks or even months. With legal assistance and complete preparation, you will prevent wasting additional time.

Move-Out Timeframe After Judgment

If the court does issue a judgment, tenants will typically have 14 days to leave once that judgment is issued. This occurs unless a stay of execution is issued. Extensions are possible under specific circumstances, but not vacating by this deadline can result in further legal proceedings.

In short, clear communication between landlords and tenants after a judgment can help prevent escalation and support resolution.

Resources for Tenants Facing Eviction

Facing the threat of eviction in New York City can be an intimidating experience. Fortunately, a wealth of resources exist to support tenants facing eviction now more than ever. Getting these tools into tenants’ hands sooner rather than later can help ensure more individuals and families stay safely housed and their rights as tenants are upheld.

Emergency Housing Services

Emergency housing services are essential for tenants faced with a short-term, immediate housing crisis. Each ERAP has key provisions that help keep people in their homes and fight against homelessness. It offers direct financial relief to tenants at risk of eviction or losing stable housing.

Eligibility for these programs usually requires meeting a certain income threshold and demonstrating financial hardship. Tenants who make no more than $4,214.28 monthly (as of 2022) are eligible to receive aid, for example. Applications may be filed online using ACCESSHRA or in-person at any of the local HRA Job Centers.

Swift action is key because these resources are limited and their need is acute.

Free Legal Aid Options

This is especially true right now, as free legal aid is one of the most effective tools for tenants facing eviction. Organizations such as the NYC Tenant Support Unit and Right to Counsel (RTC) offer essential representation in Housing Court.

These services are offered at every citywide location, without regard to the renter’s immigration status, making them accessible to all renters in the city. Legal aid can help you with conflicts with your landlord, harassment from landlords, and fighting eviction notices.

Tenants should call or complain through 311, or engage directly with the Mayor’s Office of Immigrant Affairs that provides tailored support.

Tenant Advocacy Groups

In many cities, tenant advocacy groups are the driving force behind any successful effort to empower renters. Groups like the Legal Aid Society and Housing Justice for All offer educational resources, workshops, and guidance on tenant rights.

Additionally, grassroots advocacy organizations frequently coordinate these collective actions to tackle systemic issues within our housing ecosystem, giving tenants a foundation upon which to make their grievances heard. Membership in such organizations not only helps build community, but increases the power of tenant protections.

Government Assistance Programs

Government programs are the second cornerstone of eviction prevention. From Emergency Assistance through ACCESSHRA and specialized assistance for seniors and veterans, these efforts express compassionate outreach to a wide variety of communities.

While the criteria for eligibility vary, many programs base eligibility on income level and the imminent threat of homelessness. Being aware of the application process—like knowing which documentation you’ll need and being able to provide it quickly—makes getting these resources much easier.

How Rent Control Impacts Eviction

Rent control policies make a meaningful impact on eviction trends. From tenants’ perspective, it offers tenants more security, but from the landlords’ perspective, it imposes direct restrictions on landlords. By knowing what rent control means for tenants and landlords, both parties can approach these regulations with confidence and understanding.

Restrictions on Eviction Reasons

Under rent control laws like Good Cause Eviction, landlords run into hard limits. They are no longer able to just claim any reason under the sun for moving tenants out. For example, evictions for minor lease infractions or random landlord choices are not allowed.

That way, tenants are not unfairly displaced. Tenants are mobile, so they certainly benefit from this protection, making eviction less likely and tenancies more stable. To defend your rights, you must have accurate and thorough records.

From floating lease contracts and payment history to combat wrongful eviction efforts, legal representation is key when disputes do occur, as these cases are frequently based on intricate interpretations of local ordinances.

Limits on Rent Increases

Rent control provides a ceiling on rent increases, while Good Cause Eviction laws typically restrict annual increases to a maximum of 8.82%. This makes it impossible for landlords to raise rents above what their tenant can afford, thus kicking them out.

Having a documented history of rent increases is critical for tenants to fight illegal rent increases. Since disagreements about rent increases often lead to eviction cases, knowing what these restrictions are can assist tenants in preventing this form of eviction and protecting their rights.

Succession Rights for Tenants

Rent control generally provides that tenants’ family members or other cohabitants can inherit a rent-controlled lease. Eligibility only requires evidence of residency and that they are financially dependent on the original tenant.

Experiencing eviction can be daunting. Navigating this removal process requires that tenants drop off certain paperwork to landlords or housing courts. Understanding these rights empowers tenants to stay in their homes and avoid unfair eviction.

Seeking Legal Assistance: Eviction Lawyer Buffalo NY

Eviction cases in Buffalo, NY, can be confusing to navigate, particularly with an established history of anti-housing legislation and tenant protections. With expert guidance, intervention, and advocacy, hiring a skilled eviction lawyer provides leverage and protection to maintain your stability and safeguard your rights.

Landlord-tenant attorney Stephen Underwood, with almost two decades defending non-payment cases in housing court, knows how to fight. Sam is a judgment machine, even in the most difficult of cases, closing with customized relief for holdover tenants. Their knowledge includes understanding the intricate maze that is the Buffalo housing market, providing you with advice that best suits local laws and regulations.

When to Hire an Eviction Lawyer

Knowing when to get legal assistance, and from whom, can be a crucial turning point. If you have a tenant who is causing property destruction, negligence in payment, or breach of lease terms, early intervention is key.

Evaluating the complexity of your case is essential. If it’s a case with many tenants or complex, multi-pronged legal defenses, you should seek expert help. Knowing what you are entitled to as an investor or renter according to New York state law is just as important.

For tenants facing eviction, programs like WNY-EPP provide a readily accessible line of defense, with free legal services available by calling their hotline.

Understanding Non-Payment and Holdover Cases

In non-payment cases, these typically involve overdue rent, and landlords must provide detailed proof of arrears. Holdover cases address tenants remaining after lease termination, often involving unique strategies like notice compliance and property damage claims.

Proper documentation—lease agreements, payment histories, correspondence—is indispensable for either scenario to help protect landlords or vulnerable tenants. Depending on the quality of the evidence and the legal counsel, outcomes can vary from negotiated settlements to court-ordered judgments.

Benefits of Legal Representation

Legal representation makes the eviction process smoother, avoids costly mistakes in procedure and ultimately leads to better results. Eviction lawyers help develop the strongest possible case, negotiate a settlement in your best interest, and aggressively represent your interests in court.

Establishing this level of trust with your attorney from the start will make for clearer communication and proper alignment of strategy.

Conclusion

Evictions in New York can be intimidating, but understanding your rights and the eviction process can go a long way. Whether you're a landlord following legal steps or a tenant protecting your home, clear information gives you the power to act. From navigating proper notice requirements to uncovering applicable tenant defenses, every detail matters in addressing these complex situations. Rent control and availability of legal assistance determine outcomes which demonstrates that even with the law, there is an equity-oriented intent.

If you’re being evicted, or dealing with other issues that come with the process of eviction, find help and resources here. Though it may be overwhelming, local resources and legal experts can help the process and law come alive for you. Being proactive is the key to getting the best possible outcomes for your circumstances. Keep in mind, this process can be intimidating and frustrating, but you are not alone.

Frequently Asked Questions

What is considered an eviction in New York?

Eviction is the legal process landlords must use to remove tenants from rental properties. This is often the case when tenants break rental agreement provisions, don’t pay rent, or remain after the rental agreement expires.

What are valid reasons for eviction in NY?

Legal justifications include failure to pay rent, violation of a lease term, commission of illegal acts, or failure to vacate after the end of the lease term. Landlords can only successfully evict a tenant if they provide proper notice and follow legal procedures.

What notice must landlords give before evicting tenants in NY?

Landlords are required to provide written notice to tenants. One of these is a 14-day notice to pay rent or quit while another is a 30-day notice to terminate a month-to-month lease. Notice period varies based on the reason for eviction.

What are tenant rights during an eviction in New York?

Tenants deserve to get a chance to be properly notified, defend against their eviction in court, and ask for additional time to relocate. They can’t be evicted at all without a court order.

Can rent control affect the eviction process?

Yes, rent-controlled and rent-stabilized tenants do enjoy other protections. Landlords have to prove certain legal justifications, and evictions are typically more difficult in these types of cases.

How long does the eviction process take in NY?

The legal eviction process can take weeks or months. This timeline is subject to court calendars, what defenses the tenant might assert, and tenant compliance with the court’s order.

Where can tenants find help during an eviction?

Tenants facing eviction should reach out to local housing advocacy groups, legal aid organizations, or speak with an eviction attorney. This is where resources like NYS Homes and Community Renewal come in.

Gender and Name Change NY

Wed, 15 Feb 2023 15:51:16 +0000

Gender and Name Change NY State

Gender and name changes are important for many individuals. The process of changing one's name and gender in NY can be a challenging and an emotional journey, but it can also be a powerful and transformative experience. For many people, their name and gender are a fundamental aspect of their identity. They are something that is associated with them from birth, and they can hold a great deal of personal and cultural significance. However, for individuals who identify as transgender or non-binary, their given name and gender may not align with their identity. In these cases, a name and gender change can be a crucial step in the process of living as one's true self.

Gender and Name Change Process in NY State

In the state of New York, the process of legally changing one's name and gender is relatively straightforward. An individual can hire a lawyer (like me) to file a petition for a name and gender change, along with proof of identity (birth certificate and driver's license). There is no longer a publication requirement. Once the petition is granted by a judge, the individual will receive a court order that serves as legal proof of their new name and gender.

Name Change Documents NY

In addition to changing one's name, many transgender and non-binary individuals also choose to change their gender marker on legal documents such as their driver's license, passport, and birth certificate. In New York, the process of changing one's gender marker on these documents is governed by the Department of Motor Vehicles, the U.S. Department of State, and the Department of Health, respectively. In the past, in order to change your gender marker on your driver's license, passport, and birth certificate, an individual had to provide a letter from a licensed healthcare provider confirming that they have undergone appropriate clinical treatment for gender transition.

Name Change NY DMV

Pursuant to the Gender Recognition Act, the NY Department of Motor Vehicles allows your gender to be changed without medical proof, and beginning May 27, 2022, in accordance with the Gender Recognition Act, DMV began processing applications at all DMV Offices to allow existing applicants to update their NYS photo documents to reflect an “X” gender option and new applicants to apply for an NYS photo document with an “X” gender option. Get More Information on NY DMV Changes.

Name Change NY Passport

In June 2021, the US State Department announced that it would no longer require passport applicants to submit medical certification to change the gender marker on their passports. As of the summer of 2021, applicants may self-select an M or F gender marker for their passport. In the same policy announcement, the State Department stated that an X gender marker would also be available for selection in the near future. Get More Information on Passport Changes.

Name Change NY Birth Certificate

Pursuant to the Gender Recognition Act, the NY Department of Health allows birth certificate modifications with forms. Form DOH 5305, Application for Correction of Certificate of Birth for Gender Designation for an Adult (Form DOH 5306 for minors 16 and under), Form DOH 5303 affirming the individual's gender identity (Form DOH 5304 for minors 16 and under), certified copy of your current birth certificate, and a certifed copy of your name and gender change order from the Judge.

Today, the process of changing your name and gender in NY has been updated because the NY government understands that the ability to legally change one's name and gender marker is an important right for transgender and non-binary individuals. It allows them to have documents that accurately reflect their identity, and it can also help to protect them from discrimination and harassment. Furthermore, it is a powerful symbol of self-determination and validation of one's identity.

In conclusion, the ability to legally change one's name and gender marker in NY is an important right that allows transgender and non-binary individuals to live as their true selves and be recognized and respected.

Need Your Name and/or Gender Changed on Important Documents?

Begin Your Name Change Online Now!

The NYS Driver Point System

Tue, 08 Nov 2022 19:15:11 +0000

DMV Points in New York

The NYS Driver Point System keeps track of driver convictions for vehicle and traffic violations over an eighteen (18) month period. The following list states the amount of points associated with each conviction.

Speeding - 1 - 10 MPH over speed limit - 3
Speeding - 11 - 20 MPH over speed limit - 4
Speeding - 21 - 30 MPH over speed limit - 6
Speeding - 31 - 40 MPH over speed limit - 8
Speeding - 40 or more MPH over speed limit - 11
Speeding - MPH over speed limit not indicated - 3
Cell Phone use with no hands-free device - 5
Using an electronic Devise or Texting - 5
Reckless driving - 5
Failing to stop for a school bus - 5
Inadequate brakes - 4
Following too closely - 4
Passing improperly- 3
Changing lanes unsafely - 3
Driving to the left of center- 3
Driving in the wrong direction - 3
Failing to obey a traffic signal - 3
Failing to obey a Stop sign, or a Yield sign - 3
Railroad crossing violation - 3
Failing to yield the right-of-way - 3
Passenger safety violation, seat belts, child safety seats, or passengers under age sixteen - 3
Left the scene of an accident that includes property damage or the injury of a domestic animal - 3
Other moving violations - 2
Inadequate brakes (vehicle of an employer) - 2

Should You Plead Guilty or Not Guilty to a NY Ticket?

Always plead not guilty and hire a lawyer to represent you so that you have a better chance of getting the ticket reduced or dismissed altogether to avoid getting points on your license.

Mechanics Liens

Tue, 08 Nov 2022 19:15:56 +0000

How to Get a Mechanics Lien

Although most small business contractors are aware that disputes with a homeowner can result in frustration, annoyance, and nonpayment, many contractors are unaware that they can file a lien against the homeowner's property. Such a lien, called a mechanic's lien in New York (a garagemans lien is for mechanics), can make it hard or impossible for a homeowner to sell the property while the lien is in place and may even enable the contractor to institute a foreclosure proceeding against the homeowner.

When should a contractor file a mechanics lien?

A mechanic's lien must be filed within eight (8) months from the last date labor or materials were provided; four (4) months if the property is a single family home.

What if the general contractor was paid?

If a subcontractor files a mechanic's lien against the homeowner and the general contractor had been paid, the homeowner will have a defense against the mechanics lien. The solution is for the subcontractor to file a mechanic's lien while doing the work or as soon as a problem is detected.

What kind of improvements must be made before a mechanic's lien can be filed?

The improvements must be permanent in nature. A mechanic's lien will not attach where materials are supplied for a temporary improvement.

How long is the mechanic's lien effective?

A New York mechanic's lien is effective for one year from the date of filing, unless an action is commenced during that period to perfect the lien.

How much does it cost to file the Lien?

Attorney Fee: $500.00 (does not include the cost of perfecting the lien.)

Costs: Filing Fee:$15.00

Car Accidents

Tue, 08 Nov 2022 19:16:47 +0000

What Should You Do If You are in a Car Accident?

1) If it is safe for you to do so, and you are physically able, check on the other people involved in the accident to determine whether the need medical attention, or rescue.

2) If there are injuries call 911 and give the operater the location of the accident, your best assessment of the injuries, and ask them to dispatch the police.

3) If there are no injuries call the police and ask them to come and take a police report.

4) Do what you can to get the contact information for everyone involved including the passengers.

5) Speak to the witnessess and ask them what they saw, and get their contact information.

6) Take pictures at the scene if it is safe to do so.

7) Notify your insurance company and tell them the truth about what happened.

8) Get a copy of the police report.

9) Keep track of your medical bills and keep the documentation.

10) Have the damages to your vehicle assessed by your insurance company (and perhaps get an independent valuation of damages.)

11) Consult with a personal injury lawyer.

12) Do not discuss the accident with anyone but your lawyer, and your insurance company, and don't make any admissions to the police.

What Not To Do If You are in a Car Accident?

1) DO NOT flee the scene as you may face serious criminal penalties.

2) DO NOT apologize for anything and don't demand or expect an apology from anyone involved.

3) DO NOT put yourself in harms way at the accident scene unless the risk is justified to save a life or prevent further serious injury.