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A landlord-tenant showdown in Borough Park has raised questions about housing rights, health needs and who gets to decide who stays and who goes.
Landlord Aneiello DeGiuda, a diabetic homeowner in a multi-family building, claimed climbing the stairs was too much for him. He wanted to move into the more accessible first-floor unit occupied by his tenant, Kenyatta Blakely.
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Blakely, however, argued DeGiuda can’t just kick him out, and if the landlord wanted the apartment back he needed to follow the law.
With harassment complaints filed and eviction notices served, this landlord denies any wrongdoing.
“He tried to file a harassment charge because I’m asking him for the rent, which he hasn’t paid,” DeGiuda told News 12.
So who is in the 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.
Next stop: Housing court
In New York City, landlord-tenant disputes are often a legal chess match. 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.
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.
Read more: Want an extra $1,300,000 when you retire? Dave Ramsey says this 7-step plan ‘works every single time’ to kill debt, get rich in America — and that ‘anyone’ can do it
Hassle-free property ownership
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. Dealing with tenants can be tough under the best of circumstances, so to get the most from the hot housing market, you may want to consider alternative investments instead of becoming a landlord.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
