Marijuana Use And Eviction

Summary

In New York, marijuana usage is legal, but landlords can enforce no-smoking policies. Without a no-smoking policy in your lease, eviction for marijuana use is unlikely unless it causes disturbances or property damage. Rent increases must follow lease terms and local laws. In Mount Vernon, rent control applies to buildings built before February 1947, and rent stabilization applies to buildings with 6+ units built between February 1, 1947, and January 1, 1974. Rent increases require written notice: 30 days for month-to-month tenancies and 90 days for leases of a year or more. For rent increase disputes, communicate with your landlord, review your lease, seek legal aid, or consider court action if necessary.

Full Conversation

Can i be kicked out of my rental unit because I smoke weed in my own home
Hello A, it's important to understand your lease agreement. In New York, marijuan****usage is legal, but landlords may still enforce ****no-smoking policy. If you violate this policy, it could potentially lead to eviction. Do you have ****no-smoking policy in your lease?
no
In that case, as per New York law, your landlord cannot evict you solely for smoking marijuan****in your unit. However, if your usage is causing ****disturbance to other tenants, or damaging property, they may have grounds to take action.
can my landlord randomly increase my rent because I smoke in my unit
In New York, ****landlord cannot arbitrarily increase your rent because you smoke in your unit. Rent increases must follow the terms set in your lease agreement and comply with local rent control and stabilization laws.
can you tell me more about my local rent control and stabilization laws in mount vernon, ny
In Mount Vernon, NY:
- Rent control applies to buildings built before February * with tenants living in continuous occupancy since before July *, *.
- Rent stabilization applies to buildings with * or more units built between February *, * and January *, *.
- Rent increases are regulated by the Rent Guidelines Board annually.
- The landlord must provide written notice for rent increases.
how far in advance must my lawyer provide ****rent increase notice?
In New York, ****landlord must provide ****written notice of rent increase at least 30 days before the increase takes effect if the tenancy is month-to-month. If the lease term is for ****year or more, the notice must be given at least 90 days in advance.
does this apply in westchester county also
Yes, the rules regarding advance notice for rent increases apply throughout New York State, including Westchester County. However, you should always check your lease agreement for any specific terms related to rent increases.
how do i resolve rent increase issues with my landlord
In New York, if you have issues with rent increase:
- Open communication: Discuss your concerns with your landlord.
- Review your lease: Ensure the increase aligns with the terms.
- Legal aid: Consult ****local tenants' rights group or legal aid society if needed.
- Court action: In extreme cases, you may need to take the matter to housing court.