Legal Question in Real Estate Law in New York

Renting to younger than 55

Our landlord advertises, and has a sign on

the property stating renting to 55 years old

and up. Can he legally rent to younger

tennants? If he can't, what can be done to

remove the people he has rented to, who are

under 55. We thought when we sold our home

and moved here, we would be among people our

own age and interests. Moving out is not an

option to us.

Thank you in advance for any help you can

give us.


Asked on 2/13/00, 4:22 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Renting to younger than 55

Difficult to answer - was the advertising implying that this was to be "senior" building only - and did it say "exclusively to 55 years and up". Is the building intended to qualify as senior housing?

Were the younger tenants there before you or did they come later? If before you, maybe he changed the mix to become senior after they were there.

Remember, if the building was not intended to be an exclusive senior housing unit, and registered that way, he could run afoul of reverse age discrimination laws.

Are the younger people really a problem - eg. too noisy. They may be in violation of the rules of the building and local noise abatement laws. This could be grounds for terminating their leases.

I really need more information to properly respond.

Walter

Read more
Answered on 3/09/00, 9:37 am


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