LANDLORD & TENANT COURT: FOR LANDLORDS

As I was presented this case yesterday in Landlord & Tenant Court yesterday, I forward the advice the Judge gave to the landlord who was appearing pro se. I was representing the tenant and moved to dismiss the action on the grounds the papers were improperly served. My application was granted. Without going into details, there are probably many landlords out there who are knowledgeable, etc. and may be able to handle this process by themselves...but as the Judge advised the landlord in this case, and the following is as close as I can remember to a direct quote: "You are beginning a legal rpocess here by seeking an eviction in Landlord/Tenant Court. I am a Judge, I cannot advise you. But I suggest that before you commence a legal proceeding, you get the advice of a lawyer. Process Servers are not lawyers."

RENTING OUT APARTMENTS IN NASSAU COUNTY

As we now know all too well, many Americans are struggling to make their mortgage payments, while others are in desperate need of affordable housing. Enter the so-called mother-in-law apartment, which can fix both issues: Homeowners can fetch extra cash and in the process provide decent, below-market rentals. But can you convert your basement to an apartment? Each town has it's own code but many are similar to the Town of Hempstead's which only permit a single family home to be converted to a two family home under the following conditions: a) a permit is issued and plans approved and b) the second unit is used by a parent, child or sibling of the homeowner or the owner of the house is a senior citizen and obtains a special two-family senior citizen residence permit. If you don't follow the rules of your town, etc., it is an illegal apartment. Besides the danger of being fined by your local building department and the inability to collect rent in a non-payment proceeding (you cannot sue in court for rent of an illegal apartment), your insurance policy may be in danger (certainly an issue when people are injured on your property, there is a fire, etc.) as the insurer may disclaim coverage and your mortgage company may claim a default. In a recent landlord and tenant case, I spoke to the Town of Hempstead Building Department and they stated that under no circumstances, will they grant a permit for a basement apartment. You should note that the rules appear to permit the letting by a family of one (1) or more rooms to not more than two (2) boarders, roomers or lodgers, provided, however, that every room in such apartment shall have free and unobstructed access to each required exit. The applicable statute in the Town of Hempstead is Chapter 88: HOUSING AND REHABILITATION CODE.

FOR THE SELF REPRESENTED

There are web sites that can also give you general information about specific areas of law. Some of these are listed below:

NYS Unified Court System, Court Help at http://www.nycourthelp.gov

NYS Bar Association (click on "For The Community") at http://www.nysba.org

Law.Com at http://www.law.com

Again, I always suggest to those who are self representing to also seek the assistance of legal counsel.

FOR THE SELF REPRESENTED

There is an old saying that "he who is his own lawyer has a fool for a client". In these economic times, that saying may not be relevant. Nassau County has an office of the self represented and they can assist you Wednesdays from 2:00 - 4:30 pm or at 516 571-3252.

But I always suggest to those who are self representing to also seek the assistance of legal counsel.

LEGAL SERVICES IN NASSAU COUNTY

When in need of a lawyer and your funds are low, rather than turning to the Yellow Pages and newspaper ads, contact the Nassau County Bar Association Lawyer Referral Service at 516 747-8848. Attorneys you will be referred to may agree to take on your case on a reduced fee basis. Also, if your income and assets are low and you meet certain qualifying standards, you may be able to obtain free legal services from the Nassau/Suffolk Law Services Committee, Inc at 516 292-8299 and 631 232-2400. We'll be talking more later about other approaches that can be used to save on legal fees.