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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can I accept the payout from my landlord without going to court or notifying HPd

And if yes how much payment should I take from him

Steven Warren Smollens
Steven Warren Smollens
answered on May 6, 2024

Dear Brooklyn Tenant:

New York City Local Law mandates reporting all tenant buy-out agreements to HPD. A tenant without a lawyer will not likely make the best possible deal. You did not provide any information for an enhanced buyout settlement.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict a tenant without a judge overseeing it Does a stipulation of settlement have to be signed by a jud

I was served by a process server eviction papers. When we went to court the 2 atty's agreed to wait because they were supposed to turn in a ledger to ERAP. They never did. Instead I was told to sign a stipulation of settlement. I was told I would be thrown out earlier if I don't.... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 6, 2024

Dear Amenia Tenant:

You may need to hire a new lawyer. Appearing before the judge to review a written stipulation of settlement is often not required when both tenant and landlord have attorneys. https://www.nysenate.gov/legislation/laws/RPA/746

You made a deal to move out in...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: In NY is a tenant only legally required to keep a minimum amount in renters insurance?

Tenant is a senior citizen. Old lease did not require renters insurance

Steven Warren Smollens
Steven Warren Smollens
answered on May 6, 2024

Dear Huntington Station Tenant:

New York State law does not set a minimum amount of renter's insurance or mandate that tenants do so. However, the tenant lease may require a tenant to carry a renter's insurance policy....
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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: falsely attributing records to fake individuals for hospice fraud

Hospital engaged in fraud and falsely attributing records to fake individuals - for referral to hospice. What statute defines liability for falsely attributing records to fake individuals?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024

In California, falsely attributing medical records to fake individuals as part of a hospice fraud scheme could potentially violate several statutes. Two key laws that may apply are:

1. California Penal Code Section 470 - Forgery

This law makes it a crime to falsely make, alter,...
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1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: Knowingly. Definition.

For the purpose of hospice fraud: "knowingly" does not imply malicious intent.

However, fabricating non-existent terminal diagnosis presents fraudulent intention.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024

In California, "knowingly" generally means acting with awareness or understanding of the essential facts. In the context of criminal law, it refers to a mental state where the person is aware that their conduct is of a certain nature or that certain circumstances exist.

When it...
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