Eviction Blues? Not So Fast, My New York Tenant with a Difference!
Ever heard the saying, "They don't make apartments like they used to?" Well, in New York State, they sure don't make eviction notices for disabled tenants like they used to either! That's right, if you're a tenant with a disability and your landlord's giving you the stink-eye about staying put, there are some laws in place that might just turn that frown upside down.
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| Can A Landlord Evict A Disabled Person In New York State |
But First, Some Legal-ish Stuff (We Had to Put a Disclaimer Somewhere)
Now, we're not lawyers (shocking, we know) and this ain't legal advice. But what we can tell you is that New York boasts some pretty sweet protections for disabled tenants. We're talking Fair Housing Laws and the whole shebang! These laws basically say "boo hoo" to discrimination based on a disability, including the not-so-subtle act of trying to evict you because of it.
So, Can Your Landlord Actually Kick You Out? Maybe Not!
Hold on to your hats, renters! In most cases, eviction for a disability is a big, fat NO NO in New York State. There are some exceptions, of course, like not paying rent or turning your apartment into a mosh pit every night (seriously, folks, have some respect for your neighbors). But generally speaking, if you're a good tenant with a disability, your landlord can't just show you the door.
Here's the juicy part: You might even be entitled to "reasonable accommodations" from your landlord. We're talking things like installing grab bars in the bathroom or widening doorways to make your space more accessible. Pretty neat, huh?
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But What About When the Landlord Wants to Move In? (The Ol' Switcheroo)
Ah, the classic "owner occupancy" eviction. This is where your landlord decides they want your apartment for themselves (or their equally charming cousin Vinny). Now, even in this situation, disabled tenants in rent-stabilized apartments outside NYC and rent-controlled apartments statewide generally can't be evicted.
However, things get a tad trickier for disabled tenants in NYC rent-stabilized apartments. In this case, the landlord can try to evict you, but only if they offer you an equivalent or superior apartment at the same or lower rent in a nearby area. Not exactly a bad deal, but definitely worth knowing about.
Got Questions? We Got (Hopefully) Easy Answers!
Okay, so the legalese might be a bit dry, but fear not! We've got some quick FAQs to quench your eviction-related thirst for knowledge:
QuickTip: Go back if you lost the thread.
How to Know if I Qualify as Disabled Under the Law?
Great question! The law considers you disabled if you have a physical or mental impairment that substantially limits a major life activity. This could be things like seeing, hearing, walking, or even taking care of yourself.
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How to Request a Reasonable Accommodation from My Landlord?
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Put it in writing! A clear and concise letter outlining your disability and the requested accommodation is the best way to go.
How to Fight an Eviction Notice if I Believe it's Unfair?
Contact your local tenant rights organization or a lawyer specializing in fair housing law. Knowledge is power, my friend!
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How to Find Out More About My Rights as a Disabled Tenant?
The New York State Homes and Community Renewal (HCR) website is a great resource: https://hcr.ny.gov/system/files/documents/2023/01/fact-sheet-20-11-2020.pdf
How to Relax and Enjoy Your Apartment Without Landlord Drama?
Now that's the real question! Kick back, put on your favorite tunes, and know that you've got the law on your side (at least when it comes to eviction based on disability).
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