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Steven Warren Smollens
New York County Lawyers' Association
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Claimed Lawyer ProfileQ&A
Education
- Brooklyn Law School
- J.D.
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- City University of New York - City College
- B.A. | Political Science
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Professional Experience
- Member Civil Court Practice Section
- New York County Lawyers' Association
- Current
- Member Real Property Law Section; Incoming Co-Chairperson Landlord and Tenant Proceedings Committee effective February 2024
- NYSBA
- Current
- Co-Chairperson Civil Court Practice Section 2023-2026
- New York County Lawyers' Association
- - Current
- Co-Chairperson, Civil Court Practice Section, New York County Lawyers Association
- Correspondent
- New York County Landlord and Tenant Bar Association (NYCLTBA)
- - Current
- Private Practice of Law
- Law Office of Steven W. Smollens
- - Current
- Partner
- Law Office of Smollens Guralnick & Frazer
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- Partner
- Law Office Steven W Smollens
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- Manager Single Practice Law Office
- Law Office Steven W Smollens
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- Staff Attorney Legal Aid Society New York City Harlem Neighborhood Office
- The Legal Aid Society
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- Attorney Law Office of Steven W. Smollens 2000 - Present Partner Smollens Guralnick & Frazer 1990 - 2000 Partner Smollens & Guralnick 1984 - 1990 Attorney Steven W. Smollens 1982 - 1984
- United States Army (Reserve)
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- USAR (Reserve) Honorable Discharge 1972
Publications
Articles & Publications
- Advanced Issues in Cooperative and Condominium Law,New York County Lawyers' Association CLE Nonpayment Proceedings, Warranty of Habitability, Objectionable Conduct, Nuisance, Pets and Noise
- Jack Newton Lerner Lecture Series, NYCLA Nonpayment Proceedings, Bed Bugs, Warranty of Habitability
- New York County Lawyers' Association, CLE, Jack Newton Lerner Lecture Series Objectionable Conduct, Nuisance, Pets and Noise Nonpayment Proceedings, Warranty of Habitability
- New York County Lawyers' Association, CLE, Landlord and Tenant Practice: The Jack Newton Lerner Lecture Series Non-Payment Proceedings and the Warranty of Habitability
Speaking Engagements
- NEW YORK COUNTY LAWYERS ASSOCIATION, VARIOUS CLE PROGRAM, NEW YORK
- NYCLA
- 2007 CLE entitled Jack Newton Lerner Lecture Series Bed Bugs, Warranty of Habitability 2005 Jack Newton Lerner Lecture Series Warranty of Habitability and Non Payment Proceedings 2004 Jack Newton Lerner Lecture Series Objectionable Conduct, Nuisance, Pets and Noise 2004 Advanced Issues in Coop & Condo Law 2003 Jack Newton Lerner Lecture Series Techniques in Defending and Prosecuting a Non Payment Proceeding 2002 World Trade Center Owner and Tenant Forum in Commercial Tenant Issues
Awards
- CERTIFICATE OF APPRECIATION
- New York County Lawyers' Association
- Recognition of outstanding contribution to the Association's Continuing Legal education program
- CERTIFICATE
- NYSBA
- Co-Chairperson CLE Program Residential Landlord and Tenant Practice Update
- CERTIFICATE
- NYSBA
- Speaker Residential Landlord and Tenant Practice Update
Professional Associations
- New York State Bar # 1564673
- Member
- - Current
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Jurisdictions Admitted to Practice
- New York
- New York State Office of Court Administration
- ID Number: 1564673
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- U.S. Supreme Court
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- US District Court, Eastern District
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- US District Court, Southern District
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Fees
- Free Consultation
Practice Areas
- Real Estate Law
- Commercial Real Estate, Condominiums, Land Use & Zoning, Residential Real Estate
- Landlord Tenant
- Evictions, Housing Discrimination, Rent Control, Tenants' Rights
Languages
- English: Spoken, Written
Legal Answers
- Q. How to recover back rent from tenant on social security in NY?
- A: Dear New York Landlord:
Generally, no legal right to collection will exist without a judgment for the amount of money due for the unpaid rent issued by a court of competent jurisdiction. Generally, an eviction lawsuit based on grounds other than nonpayment of rent allows the court to enter a money judgment for unpaid rent and for use and occupancy, provided that this is noted in the landlord's notice of petition.
I gather that you do not have a money judgment and did not secure a judgment other than for possession in the Holdover Summary Proceeding.
A money judgment cannot be secured by social security income only, but other income and other assets in a bank account are not exempt. ... Read More
- Q. Can I sue my landlord for not fixing a leak after multiple requests?
- A: Dear Bronx Tenants:
New York City tenants all gained the power to sue landlords in Housing Court over repairs not made or wrongly made, or over violations of the Housing Maintenance Code over fifty years ago. The form of lawsuit is known as an HP Proceeding.
https://ww2.nycourts.gov/courts/nyc/housing/startinghp.shtml
- Q. Is a verbal agreement to exit a lease early legally binding?
- A: Why not have them provide written confirmation to you now? Oral promises cannot alter the terms of a written agreement.
But even if the lease, like most residential leases, does not provide a right by a tenant to unilateral nullification, all New York tenants are protected by the mitigation of damages statute. This New York State law requires a landlord with a lease-breaching tenant to rent the abandoned apartment to a new tenant. This law requires the landlord to take reasonable and customary actions to rent the premises. Renting out the apartment again to a new tenant is a quid pro quo for the landlord, even having the right to sue for unpaid rent.
Social Media
Websites & Blogs
- Website
- SmollensLawOffice
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