This Brooklyn landlord with diabetes is clashing with tenant over 1st-floor unit, unpaid rent — but tenant is going nowhere and accuses him of harassment. Who’s right?

Eviction laws are clear, but so are building violations

DeGiuda may hold the deed, but he doesn’t hold the power. In New York, tenants are protected under strict housing laws, which means a landlord can’t simply decide when someone has to leave. Eviction is a legal process that starts with a written notice to vacate. That notice period can range from three to 30 days, depending on the state, and must be backed by a legally valid reason.

Wanting easier access to the first-floor unit for health reasons might tug at the heartstrings, but it doesn’t meet the legal standard for eviction.

Still, things got messier. DeGiuda claimed Blakely has stopped paying rent and is now past the five-day grace period. Blakely argued that no one should be paying rent at all — not in the current state of the building.

According to the Department of Buildings, the cellar unit has been under a vacate order since 2022 due to a lack of lighting, ventilation and required permits. Inspectors even found the vacate notice had been torn down and taped back up — a violation that could carry fines of up to $12,500.

This kind of standoff isn’t rare. Between 2000 and 2018, landlords in the U.S. filed an average of 3.6 million eviction cases each year, according to research published in the Proceedings of the National Academy of Sciences.

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Next stop: Housing court

In New York City, landlord-tenant disputes are often a legal chess match. And according to the law firm Blodnick Fazio & Clark, many cases drag on or end unfavorably for landlords simply because they don’t follow lease terms or the legal procedures required by law.

Blakely may be withholding rent — and for now, he might be able to get away with it. While it’s rarely a good idea to stop paying rent outright, tenants do have rights, especially when their living conditions are unsafe.

In this case, the Department of Buildings has issued a vacate order on the unit due to code violations. But that doesn’t mean tenants can automatically stop paying rent. Unless a court or housing authority says otherwise, rent is still legally owed — even if the unit is in poor condition.

That’s why it’s important to do your due diligence before signing a lease, especially in a complex market like New York City. As for a written lease, meet your landlord in person if you can and inspect the property for red flags like unfinished renovations, missing permits or poor ventilation.

Watch out for so-called “danger clauses” in your lease, such as giving the landlord the right to enter your unit at any time or cancel the lease if the building is sold. You can also search for existing violations by checking the property’s record with the city’s Department of Buildings.

And before you take matters into your own hands, consider talking to a tenant advocate or attorney. With the right guidance, you can protect your rights — and avoid getting caught up in a legal mess.