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Steven Warren Smollens
New York County Lawyers' Association
Badges
Claimed Lawyer ProfileQ&A
Practice Areas
- Real Estate Law
- Commercial Real Estate, Condominiums, Land Use & Zoning, Residential Real Estate
- Landlord Tenant
- Evictions, Housing Discrimination, Rent Control, Tenants' Rights
Fees
- Free Consultation
Jurisdictions Admitted to Practice
- New York
- New York State Office of Court Administration
- ID Number: 1564673
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- U.S. Supreme Court
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- US District Court, Eastern District
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- US District Court, Southern District
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Languages
- English: Spoken, Written
Professional Experience
- Member Civil Court Practice Section
- New York County Lawyers' Association
- Current
- Member Real Property Law Section; Incoming Co-Chairperson Landlord and Tenant Proceedings Committee effective February 2024
- NYSBA
- Current
- Co-Chairperson Civil Court Practice Section 2023-2026
- New York County Lawyers' Association
- - Current
- Co-Chairperson, Civil Court Practice Section, New York County Lawyers Association
- Correspondent
- New York County Landlord and Tenant Bar Association (NYCLTBA)
- - Current
- Private Practice of Law
- Law Office of Steven W. Smollens
- - Current
- Partner
- Law Office of Smollens Guralnick & Frazer
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- Partner
- Law Office Steven W Smollens
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- Manager Single Practice Law Office
- Law Office Steven W Smollens
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- Staff Attorney Legal Aid Society New York City Harlem Neighborhood Office
- The Legal Aid Society
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- Attorney Law Office of Steven W. Smollens 2000 - Present Partner Smollens Guralnick & Frazer 1990 - 2000 Partner Smollens & Guralnick 1984 - 1990 Attorney Steven W. Smollens 1982 - 1984
- United States Army (Reserve)
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- USAR (Reserve) Honorable Discharge 1972
Education
- Brooklyn Law School
- J.D.
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- City University of New York - City College
- B.A. | Political Science
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Awards
- CERTIFICATE OF APPRECIATION
- New York County Lawyers' Association
- Recognition of outstanding contribution to the Association's Continuing Legal education program
- CERTIFICATE
- NYSBA
- Co-Chairperson CLE Program Residential Landlord and Tenant Practice Update
- CERTIFICATE
- NYSBA
- Speaker Residential Landlord and Tenant Practice Update
Professional Associations
- New York State Bar # 1564673
- Member
- - Current
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Publications
Articles & Publications
- Advanced Issues in Cooperative and Condominium Law,New York County Lawyers' Association CLE Nonpayment Proceedings, Warranty of Habitability, Objectionable Conduct, Nuisance, Pets and Noise
- Jack Newton Lerner Lecture Series, NYCLA Nonpayment Proceedings, Bed Bugs, Warranty of Habitability
- New York County Lawyers' Association, CLE, Jack Newton Lerner Lecture Series Objectionable Conduct, Nuisance, Pets and Noise Nonpayment Proceedings, Warranty of Habitability
- New York County Lawyers' Association, CLE, Landlord and Tenant Practice: The Jack Newton Lerner Lecture Series Non-Payment Proceedings and the Warranty of Habitability
Speaking Engagements
- NEW YORK COUNTY LAWYERS ASSOCIATION, VARIOUS CLE PROGRAM, NEW YORK
- NYCLA
- 2007 CLE entitled Jack Newton Lerner Lecture Series Bed Bugs, Warranty of Habitability 2005 Jack Newton Lerner Lecture Series Warranty of Habitability and Non Payment Proceedings 2004 Jack Newton Lerner Lecture Series Objectionable Conduct, Nuisance, Pets and Noise 2004 Advanced Issues in Coop & Condo Law 2003 Jack Newton Lerner Lecture Series Techniques in Defending and Prosecuting a Non Payment Proceeding 2002 World Trade Center Owner and Tenant Forum in Commercial Tenant Issues
Websites & Blogs
- Website
- SmollensLawOffice
Legal Answers
320 Questions Answered
- Q. Is paying security deposit via wire transfer legitimate before signing lease?
- A: Dear Manhattan Tenant:
Nothing is illegal about the initial payment request by electronic transmission and subsequent rent payment by check. Although the latter is more or less old-fashioned, it is not illegal. You could also pay by cash, even if the landlord requires a check.
But, you do not pay without a lease. Often with electronically signed leases, those two initial payments are simultaneous.
https://www.nysenate.gov/legislation/laws/RPP/235-E
- Q. Can landlord use security deposit for rent after moving out early?
- A: Dear Pittsford Tenant:
You did not say when the lease expired. If it ends on April 30, 2025, New York State housing law suggests that the landlord is entitled to the full rent without any apportionment for the entire month of April, even if the tenant plans to move out on April 12th. Both you and your landlord did not know that New York State does not recognize the notion of apportioned rent. New York State holds to the ancient line of reasoning that the whole rent is due to the landlord on the rent due date without any deductions.
The new tenant security deposit law requires the landlord to give the departed tenant written itemization of damages within fourteen days after the tenant moved ... Read More
- Q. Can landlord list apartment over $500 higher after breaking lease in NYC?
- A: Dear Herkimer Tenant:
You are correct, the statute requires that the landlord mitigate damages. If the landlord fails to do so, the former tenant, if sued, has a defense to a claim for unpaid rent left over from the breached lease.
However, all New York State laws truly depend on how local judges decide the landlord's claimed allegations of mitigated damages. It seems evident that the landlord did not try to rent the apartment when the rent is increased beyond a reasonable prospective tenant's willingness to pay.
This statute does not provide the departed tenant with a means to force the landlord to mitigate damages. All the tenant has is a defense to any lawsuit brought by ... Read More
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