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Steven Warren Smollens

Steven Warren Smollens

New York County Lawyers' Association
  • Real Estate Law, Landlord Tenant
  • New York
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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
TOP CONTRIBUTERS AWARD
AVVO
CLIENT'S CHOICE AWARD
AVVO
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
AVVO RATING TOP LAWYER
AVVO
REVIEWS
AVVO
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
360 Questions Answered
Q. What legal steps can I take against my landlord for severe apartment issues in New York?
A: Dear Dryden Tenant

Article 7D of the Real Property Actions and Proceedings Law provides a right to all New York State tenants other than in New York City to start a lawsuit against the landlord for repairs of defective housing conditions and for abatement of rent.

https://www.nysenate.gov/legislation/laws/RPA/A7-D

Regular Civil lawsuits based on the Breach of the Statutory Warranty of Habitability and Breach of Lease are subject to a six year statute of limitations.
Q. Can my landlord charge late fees and for carpet damage despite prior agreements in NY?
A: Dear Gloversville Tenant:

New York State law required the landlord to provide a written itemization of every incident of damage, including rent owed, within 14 days after the tenant moved out, along with a check for the balance of the tenant's security deposit.

If this did not happen within 14 days, or you dispute the deductions from the tenant's security deposit, you could file a Small Claims Court lawsuit. A landlord takes the risk of owing a former tenant double the amount of the original tenant's security deposit if the landlord violated the statute.
Q. Can I evict a tenant using my personal name if the lease isn't under corporation's name?
A: The eviction lawsuit requires that the Petition state the relationship of the Petitioner to the rented premises and the relationship of the Respondent to the premises. The statute authorizes the proceeding to be maintained by the landlord or lessor. Ownership is not usually required by the statute in pleading the case or in proving the case.

No matter what, in Richmond County Housing Court, your case stands a good chance for dismissal if the tenant has a court-appointed counsel and you do not have an attorney.

You are required to attach the six-page Good Cause Eviction Law form. That form requires the Owner to state that the Owner owns fewer or more than ten rental units anywhere in New York State. The definition of owner will include you in your name and any LLCs or corporations you and immediate family members own. This is extremely tricky.

Under ten units means the property is exempt from GCE. Over ten units, Good Cause Eviction applies, and that restricts the form of eviction to either nonpayment of rent or a holdover on fault grounds.
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Contact & Map
SMOLLENS LAW OFFICE
New York
25 Waterside Plaza
Suite EE
New York, NY 10010
US
Toll-Free: (844) 310-9915
Telephone: (212) 619-7787
Monday: Open 24 hours (Today)
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours
STEVEN W. SMOLLENS
25 Waterside Plaza
STE EE
New York, NY 10010
US
Toll-Free: (844) 310-9915
Telephone: (212) 619-7787
Monday: Open 24 hours (Today)
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours
Law Office Steven W Smollens
New York
25 WATERSIDE PLAZA
STE EE
New York, NY 10007
US
Toll-Free: (844) 310-9915
Telephone: (212) 619-7787
Monday: Open 24 hours (Today)
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours