How to Recognize New York Commercial Tenant Harassment

Posted by leona zoey on June 15th, 2018

Since September 2016, the "Non-Residential Tenant Harassment" law now protects New York City commercial renters from owner or property manager harassment. The new law was designed to help local and small business owners in particular, and it comes to the aid of all commercial occupants.

In order to demonstrate harassment by your commercial landlord, you need to show:

• the landlord, or somebody acting upon the landlord's behalf, is doing something with the intent of making you to want to flee the unit or give up on pursuing your rights under the lease agreement; and
• that the landlord took part in specific acts that are viewed as hostile or harassing in nature

In the next section, we are going to look at the specific instances in which you can file a formal complaint against your landlord without fear of retribution or retaliation.

8 Telltale Signs of Harassing Behavior

A renter’s best defense against landlord harassment is documentation. Collect incriminating video and audio files that can be used against your harasser. Keep a notebook that tracks the incident, date, time, and parties involved, particularly if any of the following occurs:

1. Using physical, emotional, or verbal force against you, your employees, or any of your customers;
2. Unlawfully cutting off any of your utilities and services as a means of threat and intimidation;
3. Filing baseless and frivolous lawsuits against you just to be spiteful and mean-spirited;
4. Taking commercial or personal effects and removing them from the property or withholding them from you;
5. Removing the main doorway or locking you out of the premises when you are not in violation of your lease agreement is illegal;
6. Preventing you from being able to enter your business through the use of physical barricading or intimidation; or
7. Attempting to make your business suffer by not providing routine or maintenance services that are reasonably required for day-to-day operation.

Valid Claims Will Be Revealed by the Court System

If the court discovers that your commercial property manager has legitimately harassed you, it will impose a fine against the landlord between ,000 and ,000. In addition to monetary recourse, the court might enforce a limited restraining order against him or her in particularly severe cases. Damages in your favor might include court costs, or her in particularly severe cases. Damages in your favor might include court costs,  real estate attorneys’ fees, and any financial losses due to his or her behavior.

Remember to Tread Lightly

It’s important to keep in mind that these laws should not be used to adversely affect your landlord’s capability to legally end your lease agreement. If the relationship has been contentious, then you might expect that he or she will not renew or extend your lease. This means that you will have to uproot your business and move.

At all times you are expected to pay your lease and abide by state, county, and local laws county, and local laws as well as adhere to the agreement with your landlord. Additional questions and concerns should always be discussed with a competent real estate attorney.