It seems that at least once or twice a day we receive a call from someone who states he or she needs to evict a tenant.

One of the first things I ask is the address of the property being rented and the name of the caller.

You may not be aware of this, but it is possible to check property records in NYC online through the nyc.gov site using ACRIS.  Within a few minutes, I can determine whether a person with the same name as the person speaking with me is listed on the records as the owner of the property.

If the name on the recorded Deed is different from the name of the potential client, I next ask the person what their relationship is to the owner. If the ACRIS shows a corporation I ask about their relationship to the corporation.

Often the response is that the owner is actually the spouse or parent or even that the parent is deceased (sometimes for many years). This does not mean the new client was deliberately lying when he or she told me they owned the property as there may have been a Will naming the potential client as the owner.

However, Wills must be admitted to Probate and then a Deed prepared executed and filed before ownership actually passes. Many lay people do not realize this.

In the example where the potential client is the son or daughter of the deceased owner it is necessary to clear the title issue. We do this through either a Probate (if there was a Last Will and Testament) or through an Administration (there was no Will) proceeding in the Surrogate’s Court of the State of New York.

Housing Court is a statutory Court, a creation of the legislature and proceedings are filed in Civil Court, Housing Part in the Bronx and in City Court in Mount Vernon.

The rules for commencing cases are very strict and failure to comply fully with any of the requirements can be fatal to a case.

Once the person has been appointed either an Executor or Administrator, we are able to serve predicate notices and commence the eviction proceeding properly.

The client is then able to have his 30 day notice served with all Notices stating Petitioner is the client “as Executor of the Estate of” the deceased relative. If we have already completed Probate the Petition may be in the name of the client.

Here at Rogers & Rogers Esq., I am able to assist you with clearing these and other hurdles to bringing a case so that you can recover your property in a Nonpayment or Holdover case or even help to evict a tenant.

If you have any questions regarding your property ownership rights please fill out the contact information section on my website and email me, or you can email me directly at evan@rogersandrogersesq.com

The consultation is free.