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Bronx attorney outlines renters' rights, eviction steps and common defenses
Summary
Landlord-tenant attorney Sergio Marquez told BronxNet that repairs and harassment top tenants’ complaints, recommended HP cases and DHCR complaints where appropriate, and explained eviction timelines, notices and emergency orders to stop evictions.
On BronxNet’s Today's Verdict, landlord-tenant attorney Sergio Marquez reviewed common tenant complaints and practical steps residents can take when facing repairs, harassment or eviction.
Marquez, who said he has practiced landlord-tenant law for nearly 40 years and primarily works in the Bronx, said the most frequent tenant issue he sees is substandard repairs. "Repairs mainly. They mainly have all these repairs and the landlords don't want to do the repairs or they do them sloppy," he said, describing the typical tenant-landlord dispute and the frequent tenant response of counterclaims seeking repairs or rent abatements.
Marquez advised tenants to pursue Housing Part (HP) cases to force enforcement and to file DHCR complaints for rent-stabilized units. He noted the usefulness of 311 and Housing Preservation and Development (HPD) inspections for essential services such as heat and hot water, which can produce violations that pressure landlords to act.
He walked through common procedural steps in eviction matters: a five-day notice for nonpayment (served by mail), then a 14-day notice served by a process server, followed by a petition and notice of petition that can lead to a warrant of eviction. For holdover cases the notice periods he described vary by length of tenancy (30/60/90 days). Marquez also explained the order-to-show-cause process tenants use to get emergency judicial review to block an eviction or regain possession.
Other practical guidance included landlord screening advice (for landlords), security-deposit rules (deposits should be returned if the apartment is left in good condition; landlords may keep funds to repair damage), and the availability of free legal services and HRA "one-shot deal" assistance for tenants who remain current on future rent while seeking help for past-due amounts.
Marquez said housing court in the Bronx remains crowded and that, if tenants obtain continuances, courts can retain jurisdiction for about a year on a case; after roughly a year it becomes harder to secure additional time to remain. He provided an office number for follow-up (718-293-1000) and urged viewers to seek free legal help when possible.
The segment closed with the host and guest thanking viewers and pointing to archived episodes on YouTube.
