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Steven Warren Smollens

Steven Warren Smollens

New York County Lawyers' Association
  • Real Estate Law, Landlord Tenant
  • New York
Badges
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
TOP CONTRIBUTERS AWARD
AVVO
CLIENT'S CHOICE AWARD
AVVO
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
AVVO RATING TOP LAWYER
AVVO
REVIEWS
AVVO
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. Can I sue my landlord for unresolved mold and plumbing issues in my apartment since 2019?
A: Dear Bronx Tenant

Yes. A special lawsuit exists in New York City that allows a tenant to sue a landlord for repairs. This is the HP Proceeding. A tenant is entitled to go to court without even waiting for violations issued by the HPD Office of Code Enforcement. https://ww2.nycourts.gov/courts/nyc/housing/startinghp.shtml
Q. Is tenant responsible for full month's rent if moving out after notice?
A: Dear Manhattan Landlord

New York State Real Property Law Section 232-b is not a statute that relates to tenancies in New York City.

A NYC tenant is not required to provide advance written notification to end the month to month tenancy. In order to avoid owing the entire rent due on the first day of the next rent month the tenant must move out before the next coming rent due date. The rent for June is due on June 1 because the tenant is in possession of the rental property on June 1st.
Q. How can I separate from rent liability after moving without notifying landlord?
A: Dear Brooklyn Tenant:

It seems you hope to bring about a stealth tenancy. Generally, when the tenant of record moves out, Roommates do not have any legal ability to succeed to the rights of the tenant, and could be evicted by a court of competent jurisdiction.

"...6. No occupant nor occupant's dependent child shall, without express written permission of the landlord, acquire any right to continued occupancy in the event that the tenant vacates the premises or acquire any

other rights of tenancy..." [https://www.nysenate.gov/legislation/laws/RPP/235-F].

How would the Roommates hide your departure? Will they pay rent using your checks? Did the landlord know you lived with Roommates? Generally, one named tenant in a lease agreement is entitled to one Roommate only.

The tenancy is month-to-month. The landlord is free to end the tenancy at any time. Moreover, if the goal is to thwart a rent increase, disguising your move-out may be fraudulent. In any case, why wouldn't your landlord have the ability to raise the rent even without a new lease, as could be accomplished by serving the written notices authorized by Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C].

As long as you are the 'legal' tenant, you are responsible for the rent and performing the obligations of tenancy described in the expired lease. There is no effective legal path to pass this on to the Roommates since the landlord would not be a party to any agreement you may make with them to hold you harmless.
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Websites & Blogs
Website
SmollensLawOffice
Contact & Map
SMOLLENS LAW OFFICE
New York
25 Waterside Plaza
Suite EE
New York, NY 10010
US
Toll-Free: (844) 310-9915
Telephone: (212) 619-7787
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours (Today)
STEVEN W. SMOLLENS
25 Waterside Plaza
STE EE
New York, NY 10010
US
Toll-Free: (844) 310-9915
Telephone: (212) 619-7787
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours (Today)
Law Office Steven W Smollens
New York
25 WATERSIDE PLAZA
STE EE
New York, NY 10007
US
Toll-Free: (844) 310-9915
Telephone: (212) 619-7787
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours (Today)