can he kick you out if he doesn't want kids in house? Even if there is no mention as to whether the landlord wants children in the house?
2007-03-15 06:27:06 · 8 answers · asked by Meliskell 2 in Business & Finance ➔ Renting & Real Estate
Check HUD's website regarding discrimination based on familial status - then talk to a good landlord/tenant attorney or tenant advocacy group if the landlord tries to force you out based on your child/children.
2007-03-15 06:32:42 · answer #1 · answered by njc_flhtc 4 · 3⤊ 3⤋
You should try posting your ENTIRE question aith ALL the pertinent facts at one time instead of in bits and pieces.
In New York, if you are a month to month tenant your landlord can terminate your tenancy with proper notice. You can make him take you to court. Just because you get a notice doesn't mean you have to leave. This applies if you are NOT in a 1 or 2 family owner occupied home. In owner occupied homes, it is practically unheard of for a Judge to rule against the homeowner when proper notice was given. Improper notice just delays the process.
In general, landlords cannot refuse to lease an apartment or discriminate against someone because that person has children or is pregnant.
This does NOT apply to 1 and 2 family owner occupied buildings in New York (and in most other places too). No matter who tells you this is "illegal" blah blah, it certainly is legal.
Look up New York Real Property Law - Section 236 (2). It says "the prohibition against discrimination against children in dwelling houses and manufactured home parks contained in this section SHALL NOT APPLY TO:
(1) housing units for senior citizens subsidized, insured, or guaranteed by the federal government; or
(2) one or two family owner occupied dwelling houses or manufactured homes; or
(3) manufactured home parks intended and operated for occupancy by persons fifty-five years of age or older.
New York Real Property Law - Section 237 prohibits landlords from enforcing any sort of prohibition against bearing children. However, since no cause is needed to terminate the tenancy of a month to month tenant in a 1 or 2 family owner occupied home ... you will be up the creek in that situation.
New York Real Property Law - Section 235-F deals with the fact that landlords can't restrict immediate family occupants unless there is a violation of local occupancy laws (assuming there even are any). That means that even if your lease says "1 person only" or "2 people only" you can have quadruplets every year and remain a tenant as long as you don't violate any local occupancy limits,.
In any case, you can't just be "kicked out". Everyone gets due process.
2007-03-15 14:54:03 · answer #2 · answered by BoomChikkaBoom 6 · 2⤊ 1⤋
No. He can't. Let's assume a couple of things. Let's say, you paid him some deposit amount, you paid him the rent, you signed a lease, for a certain period of time, and you moved into the apartment or maybe he just gave you the keys.
Here is what the lease does for you. It's an agreement, that he agrees to rent you some place for some amount of money every month, and you agree to pay him this amount of money before a certain day every month.
The truth of the matter is, that he accepted you, and the contract holds, it's binding, and neither you or him can back out of it unless you both agree.
He may try to provoke you to leave, or he may return money back, DON'T take it, DON'T leave. If you do, it shows that you are voluntarily breaking the agreement.
He may claim that you knew ahead of time that you would have a child. In either case, it should not make a difference to him, because if he is arguing that it would have influenced his choice, then he is admitting that he would have engaged in discrimination for either children or number of people under the legal maximum under the NYC Health Code and Habitability Law (1 person for every 80 square feet).
If you did not know, it makes not difference.
What you can do. Don't accept any money, don't accept his efforts to break off the agreement. Let him know that you still want to live there and that you want him to abide by the lease. If he does not accept; sue him in small claims court.
Find an other apartment, he will be responsible to pay the difference between the cost of the new apartment and his apartment for the period he would rent you his apartment (the length of the lease you signed with him). He will also be responsible to pay your real-estate fee for finding this new apartment.
If you want the apartment, let him know all this, and then he should rationally let you move in. If you are at bad terms with him now and don't want to live there anymore, take him to court and get the money and find some other place.
2007-03-15 13:48:32 · answer #3 · answered by Felix 3 · 0⤊ 4⤋
Although he should abide by the lease , do you want to live somewhere with a hostile landlord ?
Have a conversation with him today . . .
You will soon have issues and not want to deal with it further but may be trapped in a hostile situation OR maybe he is fine with it.
Find out NOW, rather than later.
2007-03-15 13:33:36 · answer #4 · answered by kate 7 · 2⤊ 0⤋
Short Answer..... NO!
Long answer, your landlord may refuse to renew your lease. However, he/she cannot evict you due to pregnancy. It is also against the law for the landlord to evict, or threaten eviction under these circumstances.
There are other potential laws and rights that the landlord "may" be commiting. Under the proposed seceniro, (even if the landlord had it in the lease) is unconstitional. As your only option to retain the apartment would be to abort the baby. Although, Roe v. Wade gives the mother the right to abort, it would be illegal to require/or force an abortion. Adoption would also fall under the same guidlines, as to place a child up for adoption for the sole purpose to gain, an intrest, right, or compansation is illegal (you gain by keeping the apartment).
If the landlord continues to harrass you, contact an attorney, or Legal Aid. ASAP!
2007-03-15 13:46:00 · answer #5 · answered by phantsoft 2 · 0⤊ 4⤋
Prohibited Act under Fair Housing Amendment:
http://www.nysdhr.com
(212)870-8400
(1) Refusing to rent to a family with children. Cannot discriminate against you if you are pregnant. Landlord also cannot charge you a higher deposit /rent than a family without children. If your civil rights are violated, you should contact HUD.
2007-03-15 13:52:12 · answer #6 · answered by bombastic 6 · 1⤊ 3⤋
No, he cannot kick you out if there is nothing in the lease that says anything about additional roommates or children or dogs.
2007-03-15 14:58:12 · answer #7 · answered by GG 3 · 0⤊ 2⤋
No, its highly illegal. In fact, just mentioning it in the lease would be illegal and grounds for a discrimination lawsuit! He CANNOT require/encourage/discourage/whatever tenants to have or not have kids. Technically a real estate agent is not even supposed to say stuff like, "Perfect for a family" or "Great starter home for a couple" or whatever as that falls withi nthe same discrimination.
If you think he's going to be rude about it, be open minded about moving to avoid the hassle.
2007-03-15 14:18:00 · answer #8 · answered by Anonymous · 2⤊ 4⤋