How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2677
Experience:  Litigation Attorney
84496330
Type Your Landlord-Tenant Question Here...
Christopher B, Esq is online now
A new question is answered every 9 seconds

Locked by Customer Service - DUPLICATE

Customer Question

The specific section of law you sent does not relate to my specific issue ... there are no written rules or signed lease agreements and nothing verbally was said other then what the rent amount was and what was/was not included. Works this way for All
tenants. The issue at had is this and the information I need relates to the following: Many of the other tenants in this park have built or had someone build decks, room additions, roofs, etc to their RV. We went to do the same, add a roof to a porch through
a licensed contractor and about an hour away from completion the landlord told the contractor he had to stop work and told us it is not allowed. Now mind you at the same time another tenant was in the process of building a deck. Therefore the contractor stopped
(he didn't want to get in the middle which I totally understand) and told us to remove the structure. Although we begged the landlord to reconsider it was a fruitless endeavor and we removed it however the other construction project of the other tenant continued.
In turn we had to purchase a new complete awning set up as the old one was removed and trashed to build the roof. We are now out financially the cost of the built roof which never materialalized due to work stoppage (we still obviously had to pay contractor
and his supplies) AND we had to pay for a new replacement awning. Therefore we are out financial about 3000 to 4000 dollars. I am afraid if we rock the boat the land lord will demand we move. Do I have any rights in this situation? Can I recoup our financial
loses in any way? can the landlord discriminate against one tenant over another? we thought about small claims court but again I have a feeling he would demand we move - can he do that, and if not how do you prevent it - is that another court? We have heard
that he has been known to take his tractor and just pull the RVs from their lots for less but people are too afraid of being "kicked out" that they don;t complain. Side note, we have not had any problems in the past years with the landlord (another words we
are good tenants, pay rent early maintain the rental property nicely, etc)
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.
Is this the question I was working on earlier? Because that question was posted under a different name but it looks as though you were replying to me. If I am correct, see my previous answer and Real Property § 232-c.
"Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent. Where a tenant whose term is longer than one month holds over after the expiration of such term,
such holding over shall not give to the landlord the option to hold the tenant for a new term solely by virtue of the tenant's holding over. In the case of such a holding over by the tenant, the landlord may proceed, in any manner permitted by law, to remove the tenant, or, if the landlord shall accept rent for any period subsequent to the expiration of such term, then, unless an agreement either express or implied is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of such term."
This language applies to 30 days non written leases which are renewed monthly by the paying of rent (which is the exact thing you describe here and in your previous question). The landlord may evict you with 30 days notice and does not need to give a reason (see 232(c) language). If you did bring suit against the "landlord" you would be protected from eviction by New York landlord retaliation law but this would only last 6 months and I'm afraid this would not be a good long term solution for you as it seems as though you don't want to me out anytime soon. Since you don't have a written lease, a Judge will have to ascertain if your addition would be permitted under this tenancy.
New York tenants can use retaliation as a defense to a landlord’s eviction suit. The landlord is presumed to have retaliated against the tenant if the retaliation takes place within six months after:
(1)The tenant complained to the government (e.g. health department or building inspectors);
(2)The tenant sued the landlord to enforce the rights under the lease; or
(3)The tenant recovered a court judgment against the landlord for damages from retaliation, or successfully used retaliation as a defense to an eviction proceeding.
Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.
Customer: replied 1 year ago.
Thanks for your reply. the other question I asked related to the "rules of the park". As month to month tenants, and with no written lease, can the landlord have a different set of "rules" for each tenant ? i.e my neighbor can build a deck with a roof, but I can;t? Isn;t this discriminatory?
Also seeing that we are renting the land and not the RV, does the landlord really have a say in what you do to your trailer/deck that you own or does the fact that it is on his property give him the right to dictate what is or is not done.
Additional question to through into the mix...I am also legally disabled, do campgrounds have to abide by the ADA?
thank you again
Expert:  Christopher B, Esq replied 1 year ago.
With no lease there are really no set rules to the tenancy besides those laid out by New York Statute. According to the law, the landlord can terminate the tenancy with no reason. Tenants are entitled to a livable, sanitary and safe park, including all common areas, roads, and lots. Lease provisions inconsistent with this right are illegal and unenforceable. Failure to provide water, other essential services, or to repair sewer problems are examples of a violation of this warranty. Park owners may not willfully or intentionally fail to provide any services or facility once they have agreed to do so. Section 233 also set out rules:
"Section 233 of the Real Property Law
- The right to be free from retaliation if you make a complaint or join a tenant association;
- The right to a rent discount if you participate in the STAR (or any other) real property tax exemption program;
- The right not to be evicted except upon court proceedings;
- The right to a copy of park rules and regulations and a written statement of all fees at the commencement of occupancy;
- The right to have rules and regulations applied uniformly to all tenants;
- The right to be free from unreasonable arbitrary or capricious rules and regulations;
- The right to a thirty-day written notice prior to any change of rules or regulations;
- The right to a ten-day period in order to correct a violation of park rules or regulations;
- The right to a ninety-day written notice prior to increases of fees, charges or assessments; not to have rent increased more than once in any year*effective January 2, 2009;
- The right not to have rent increased more than once a year, effective January, 2009;
- The right to have your security deposit held in trust, in an interest-bearing account and to know the name and address of the bank, for parks consisting of six or more sites;
- The right prior to occupancy to sign a lease for at least a one year term;
- The right to annual lease renewal(s) to all tenants in good standing;
- The right to post a For Sale sign on any manufactured home;
- The right to reasonable notice of any planned disruption of services;
- The right to purchase a manufactured home from whomever you wish, as either a current or prospective tenant;
- The right to have essential services furnished at all times, including water, electricity and heat;
- The right to choose whomever you want as a service-person;
- The right to refuse to purchase equipment from the park owner;
- The right to be free from occupancy restrictions in park rules or leases;
- The right to sell your manufactured home without the requirement that it be removed from the park;
- The right not to pay a sales commission or fee to the park owner unless the park owner acted pursuant to a written agreement; and
- The right to a livable, sanitary and safe park under Warranty of Habitability."
So according to section 233, the right to have "rules and regulations applied uniformly to all tenants would apply in your situation" and "the right to be free from unreasonable arbitrary or capricious rules and regulations". If others tenants were allowed to build additions and you weren't this would be evidence for the Judge to consider like I mentioned before. But this does not solve you long term problem. Your "landlord" cannot retaliate if you bring suit against him/her for 6 months as I mentioned in my previous answer but after that time period according to the month to month tenancy, he could give you 30 days notice and evict you for no reason. You will have to weigh the positives and negatives of your rights under the law in order to ascertain if you do wish to file suit for this situation. You should have a cause of action according to he authority I have cited.
"The New York State Human Right Law (Executive Law, article 15) requires non-dicrimination on the basis of disability in public accommodations, including those owned by state and local government entities. Therefore, public buildings, parks, libraries, museums, tc., and any attendant services that constitute public accommodations, such as food service, camp grounds, and other accommodations open to the public, must not deny service to an individual because of disability, pursuant to Human Rights Law § 296.2, and must provide accommodation and accessibility as set
forth in § 296.2, subsections (c), (d) and (e). Complaints may be filed with the New York State Division of Human Rights for claims falling within the scope of § 296.2.
Yes it seems that campgrounds do fall under ADA regulations.
See link: http://www.labor.ny.gov/formsdocs/deod/ra-bklet-public.pdf
Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.

Related Landlord-Tenant Questions