Lynbrook Landlord-Tenant Lawyer, New York

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LEGAL TERMS

IMMIGRATION AND NATURALIZATION SERVICE (INS)

Formerly, the federal agency in the Department of Justice that administered and enforced immigration and naturalization laws. In 2003, however, the INS official... (more...)
Formerly, the federal agency in the Department of Justice that administered and enforced immigration and naturalization laws. In 2003, however, the INS officially ceased to exist, and its functions were taken over by various branches of the Department of Homeland Security, as follows:The new Bureau of Citizenship and Immigration Services (BCIS) handles immigration benefits, such as applications for asylum, work permits, green cards, and citizenship. The new Bureau of Immigration and Customs Enforcement (BICE) handles enforcement of the immigration laws within the U.S. borders. The new Bureau of Customs and Border Protection (BCBP) handles U.S. border enforcement (including the land borders, airports, and seaports).

APPRAISER

A person who is hired to determine the current value of real estate or other property.

YELLOW-DOG CONTRACT

An employment contract in which the employer forbids the employee to join a labor union. Yellow-dog contracts are not legally enforceable.

FORM INTERROGATORIES

Printed or 'canned' sets of questions that one party in a lawsuit asks an opposing party. Form interratories cover the issues commonly encountered in the kind o... (more...)
Printed or 'canned' sets of questions that one party in a lawsuit asks an opposing party. Form interratories cover the issues commonly encountered in the kind of lawsuit at hand. For example, lawyers' form books have sets of interrogatories designed for contract disputes, landlord-tenant cases and many others. Form interrogatories are often supplemented by questions written by the lawyers and designed for the particular issues in the case.

MECHANIC'S LIEN

A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Ty... (more...)
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.

RUNNING WITH THE LAND

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.

BEQUEST

The legal term for personal property (anything but real estate) left in a will.

EXPRESS WARRANTY

A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most expres... (more...)
A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most express warranties come directly from the manufacturer or are included in the sales contract. If you want to hold the seller to an oral guarantee, it's best to get it in writing or have witnesses to the guarantee so that it doesn't come down to your word against the seller's if a problem arises.

ASSIGNEE

A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the leas... (more...)
A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the lease expires. The assignee takes control of the property and assumes all the legal rights and responsibilities of the tenant, including payment of rent. However, the original tenant remains legally responsible if the assignee fails to pay the rent.

SAMPLE LEGAL CASES

Rios v. Carrillo

... In 2000 the plaintiff landlord leased a residential apartment to the defendant tenant for a term of two years. ... Not long thereafter, some courts extended this 113 reasoning to the issue of landlord's [sic] duty to mitigate, concluding that a landlord should indeed have such a duty ... ...

MATTER OF YITZHAK" JAMES" PASTREICH v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

... The August 1991 rent stabilized lease entered into by tenant and landlord recited a monthly rent of $5,747.52, but included a rider, denominated "Rider to Preferential Lease Agreement," providing for a "preferential rent" of $3,000 on condition that tenant accept the apartment in ...

MATTER OF 508 REALTY ASSOCIATES, LLC v. New York State Division of Housing and Community Renewal

... The Rent Stabilization Law (Administrative Code of City of NY § 26-501 et seq.) provides that if the New York State Division of Housing and Community Renewal (hereinafter the DHCR) finds that a landlord, after a reasonable opportunity to be heard, has collected an ...

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