Ask Altagracia: Can I avoid eviction if I’m struggling financially?
- Communicate with your landlord as soon as possible and suggest a realistic payment plan
- Check for possible rent overcharges by requesting your official rent history from DHCR
Without an overcharge defense for a rent-stabilized apartment, your best bet is to propose a payment plan.
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The advice here depends on your relationship with your landlord. “The most straightforward approach is to tell your landlord you are late with your rent and that you intend to pay at a specific future date,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords. However, this doesn’t always pay off: It may lead to your landlord suing for eviction even sooner.
“Sometimes when you are straightforward, the other side takes advantage,” Pierre-Outerbridge said.
Check for a rent overcharge
If you are in a rent-stabilized apartment it would make sense to determine whether there’s an overcharge. “Maybe you only owe half of what they say you owe anyway,” Pierre-Outerbridge said. An overcharge would mean the landlord has been asking for rent above what is legally allowed.
Requesting your rent history from the New York State Division of Housing and Community Renewal is the first step in figuring out whether there’s been an overcharge. “An attorney can investigate whether rent increases in prior years are legitimate,” Pierre-Outerbridge said. Typically this involves looking back at the rent as far as the rules allow and establishing what the rent would be if increases had been applied accurately under the law.
“The overcharge is the difference between what you paid and the lower amount you should have paid,” Pierre-Outerbridge said.
Negotiating a realistic payment plan
Without an overcharge defense, your best bet is to propose a payment plan. “Once in court the judge will want you to enter into a payment plan if you can,” Pierre-Outerbridge said. If there is a sum you can add to your rent to begin to make the landlord whole that is the starting point for negotiations. “If you are willing to do $200 on top of the monthly rent I would offer the landlord less than that so you don’t falter in your obligations,” she added. A nine-month repayment plan is about the maximum length of time a landlord will agree to.
Procedural errors can work to your advantage
If the eviction moves forward and you end up in court there can be procedural delays. “Your attorney may find procedural mistakes in the landlord’s case,” Pierre-Outerbridge said. This could be that the rent is incorrect on the paperwork or that you were not properly served the court papers.
“Bringing forth procedural mistakes in the case will lead to your eviction being delayed,” Pierre-Outerbridge added.
Prioritize paying rent over legal help
Be careful when you seek out an attorney if you are behind on your rent because it may put you in a deeper financial hole. It makes sense to get an attorney to navigate an overcharge claim or help you if you are being sued. If, however, you owe your landlord $10,000 and there is no overcharge claim, you will want to focus on paying your rent rather than paying an attorney.
Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.
