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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
364 Questions Answered
- Q. Eviction guidance for illegal apartment conversions in Brooklyn.
- A: Dear Brooklyn Home Owner:
There is a huge body of case law on the superior property rights of the new owner following a foreclosure against the rights of the left-behind inhabitants associated with the former owner. Your lawyer would be embarrassed to know that you did not believe she knew so.
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=frAF0sQgJ8XTuoFkHFTyFg==
"...In this case, the respondents were the owners of the premises who lost the property in foreclosure. They never maintained a relationship with the petitioner and surely had no lease with them. None of these impediments prevent the creation of a tenancy at sufferance. A tenancy at sufferance does not require ... Read More
- Q. Can I sue for wrongful eviction after a verbal rental agreement with no notice?
- A: In New York State, it is a crime to evict anyone without court process. You could have called the police for assistance.
You have a right to sue for an unlawful eviction. But a jury will decide if you voluntarily moved out of your home with nothing more than four hours' verbal notice or if you left on your own. Juries are unpredictable. Those people could easily decide that you self-evicted, moved out on your own, did so voluntarily, instead of just hunkering down in your room until your dad cooled down. Or just have called the police and have the cops talk him down and let him know that he has a civil remedy in housing court, but that he cannot just kick you out.
- Q. How can I evict someone living rent-free in my apartment in NY?
- A: You should hire a lawyer because do-it-yourself eviction lawsuits in NYC Housing Court are predestined to fail.
Your lawyer will likely tell you that you have a tenant if you are the homeowner or a Roommate if you also rent and are a tenant.
New York State housing law requires a special form of lawsuit known as a summary proceeding to legally remove any person living in a dwelling longer than thirty days. Your rent-free and now unwanted guest knew this.
https://www.brickunderground.com/blog/2014/07/how_to_kick_out_a_roommate_without_bloodshed
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