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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
323 Questions Answered
- Q. How do I evict my non-paying roommate in NY without a written agreement?
- A: Dear Troy Tenant:
Your landlord has powerful legal grounds to be above your dispute with the roommate. The landlord does not have a legal relationship with your Roommate and so lacks standing to sue for an eviction.
Since you do not have a written agreement with the Roommate and the tenancy is just four months old, you may be able to terminate the tenancy with a proper written notice as required by NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C].
- Q. Is 30-day vacate notice legal on unrenewed month-to-month lease in NY?
- A: Dear Brooklyn Tenant:
Your landlord may not care that the tenancy termination notice is deficient. Your landlord may still try to use the Housing Court for an eviction. But you will prevail if you know the following and act on it.
New York State eliminated the thirty-day tenancy termination notice for New York City month-to-month tenants in 2019:
"...§ 232-a. Notice to terminate monthly tenancy or tenancy from month to
month in the city of New York. No monthly tenant, or tenant from month
to month, shall hereafter be removed from any lands or buildings in the
city of New York on the grounds of holding over the tenant's term unless
pursuant to the notice period required ... Read More
- Q. Is paying security deposit via wire transfer legitimate before signing lease?
- A: Dear Manhattan Tenant:
Nothing is illegal about the initial payment request by electronic transmission and subsequent rent payment by check. Although the latter is more or less old-fashioned, it is not illegal. You could also pay by cash, even if the landlord requires a check.
But, you do not pay without a lease. Often with electronically signed leases, those two initial payments are simultaneous.
https://www.nysenate.gov/legislation/laws/RPP/235-E
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