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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
263 Questions Answered
Q. One of the roomate have not pay the rent . Landloard took us to the court
A: Dear Manhattan Tenant:

A lawyer's initial inquiry concerns the reasons you had to Answer the Petition and secure a trial date (https://www.nysenate.gov/legislation/laws/RPA/732). Generally, if the petition is not served upon the tenant by personal delivery directly upon the tenant, the court does not secure personal jurisdiction and the ability to award a monetary judgment to the landlord if the tenant does not answer the petition. When a tenant does not have a new lease, owes rent, is planning to move out, and is not served in person, the better decision is often to allow for a default judgment.

But when a tenant answers and secures a court date even when personal jurisdiction was not obtained, answering the petition concedes personal jurisdiction and cuts off the tenant's option to simply move out.

Your landlord is correct. Simply moving out after you answer a petition and doing so without any protection will allow the landlord to secure a judgment for possession and a judgment for monetary damages for the unpaid rent.

I do not know anything about your case, how you were served, or what defenses you asserted when you went to court to secure a court date.
... Read More
Q. In NYS do veterans with kids have certain protections from evictions. Specifically when said owner wants to move back in
A: A 14-day notice is a rent demand [the predicate notice required to sue for an eviction based on not paying rent], and a 60-day notice provides the mandated advance written notification of the end of a tenancy when the tenancy is less than two years in total duration but more than one year.

In parts of New York State (but not in NYC), evicting a tenant is quicker using a nonpayment of rent proceeding than the end of the tenancy (holdover) proceeding is possible.

Tonawanda, Erie County, and New York State do not have any special anti-eviction protections for Veterans with children. You should contact the local veterans services office.

New York State does not require any reason to evict a tenant without a lease where the new Good Cause Eviction statute does not apply. ... Read More
Q. How can I stop relocation charges from HPD when I fixed my violations? I am being charged for tenants living at shelter.
A: Dear Brooklyn Property Owner:

Several possible city departments are entitled to demand payment of expenses and fines when an agency issues a vacate order and a tenant is displaced from an illegal dwelling.

See for example: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-157507#JD_28-207.4

Your tenants may have left on their own rather than be evicted, but if the relocation even to a shelter is due to a vacate order, there is generally an obligation to pay imposed on the landlord. See: https://www.nyc.gov/site/hpd/services-and-information/hpd-charges-and-fees.page

https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-56271

You need to show your stuff to a lawyer so the attorney could figure out what is going on. ... Read More
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Contact & Map
SMOLLENS LAW OFFICE
New York
25 Waterside Plaza
Suite EE
New York, NY 10010
Toll-Free: (844) 310-9915
Telephone: (212) 619-7787
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours (Today)
Sunday: Open 24 hours
STEVEN W. SMOLLENS
25 Waterside Plaza
STE EE
New York, NY 10010
Toll-Free: (844) 310-9915
Telephone: (212) 619-7787
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours (Today)
Sunday: Open 24 hours
Law Office Steven W Smollens
New York
25 WATERSIDE PLAZA
STE EE
New York, NY 10007
Toll-Free: (844) 310-9915
Telephone: (212) 619-7787
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours (Today)
Sunday: Open 24 hours