If a park owner wants their current residents to leave because they are changing the manufactured home park to another use, the park owner cannot begin eviction proceedings until two years after they provide notice that they intend to change the use of the park. If the landlord denies the sublet on unreasonable grounds, the tenant may sublet anyway. If the lease is terminated by the park owner, the owner must pay back all payments made pursuant to the rent-to-own contract. Federal law requires landlords to disclose known information about lead-based paint or lead-based paint hazards before a lease becomes effective and all leases must include a warning statement about lead-based paint for all properties built prior to 1978. Service may not be discontinued if tenants pay the landlords current bill directly to the utility company. You may access this form at formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome. PDF Residential Tenants' Rights Guide - New York State Attorney General The Summary of Provisions on the New York Senate website states that RPL 235-e(d) "provides more robust record-keeping" than was previously required. The landlord must then repair those portions of the apartment and return them to livable condition. All approved window guards have a manufacturers approval number imprinted on a vertical stile of the guard, and must be appropriate for the type of window in which they are being installed (NYC Health Code 131.15; NYC Admin. An appeal asks a higher court to decide if the judge was wrong. Eviction | Homes and Community Renewal For rent regulated units, the landlord must return the security deposit to the tenant, less any lawful deduction, at the end of the lease or within reasonable time thereafter, whether or not the tenant asks for its return. Under the warranty of habitability, tenants have the right to a livable, safe and sanitary apartment, a right that is implied in every written or oral residential lease. A consumer may retain a real estate broker to find a suitable apartment. If the building has fewer than six apartments, a landlord who voluntarily places security deposits in an interest-bearing bank account must also follow these rules. In New York City, tenants are further protected against discrimination with respect to lawful occupation, sexual orientation, partnership status, and immigration status. Residential tenants' rights guide Renter's rights and protections in New York Dear Friends, The contract between a tenant and landlord, whether based on a written lease or a handshake, is one of the most common and important deals made across our state. Examples of a breach of this warranty include the failure to provide heat or hot water on a regular basis, or the failure to rid an apartment of an insect infestation. The tenant must leave the apartment free and clear of any occupants, unless there are other persons on the lease, in which case those tenants have the options to remain. If the landlord of a non-regulated unit intends to increase the rent by more than 5%, they must provide advanced written notice of either 30, 60, or 90 days depending on how long the tenant has been in occupancy (see section on Renewal Leases). The lease's be-ginning and ending dates must be stated. The landlord places the deposit in an interest-bearing bank account paying 1.5%. In New York City, an aggrieved party may file a complaint with the NYC Commission on Human Rights within one year from the date on which the discriminatory act occurred. Individuals entering active duty in the military may terminate a residential lease if: Any such lease may be terminated by written notice delivered to the landlord at any time following the beginning of military service. General Eviction Information for New York - LawNY Once a year, rent to own tenants are entitled to an itemized account of all payments made in relation to the rent-to-own contract. Andrew Scherer, Residential Landlord-Tenant Law in New York 2:1 (2020). Apartments that were deregulated before June 14, 2019 will continue to be so. Learn more about the new tenant protection laws from the NYC Mayor's Office to Protect Tenants. Box 22001, Lafayette Court 465 Main Street, 2nd Floor, Customer Contact Center Walk-In Locations, 2nd Floor Bronx, NY 10458 Monday-Friday, 8am - 5pm, Brooklyn, NY 11238 Monday-Friday, 8am - 5pm. Further, the tenant may be entitled to be restored to occupancy (RPAPL 768; RPAPL 853; NYC Admin. In such a case, it is the tenants responsibility to remedy the condition (Real Property Law 235-b). In New York, a landlord cannot legally evict a tenant without cause. Tenants who are at risk of eviction may protect . In such case, the tenant may countersue for breach of the warranty. If you want to replace roommates or bring in a roommate for the first time, you're required to . Key Money: It is illegal to charge a prospective tenant additional fees commonly called key money above the lawful rent and security deposit, for preference in renting a vacant apartment. Lessons From a Renters' Utopia - The New York Times For a Landlords of buildings with six or more apartments must put all security deposits in a New York bank account earning interest at the prevailing rate. Landlords may refuse to renew a rent stabilized lease only under certain enumerated circumstances, such as when the tenant is not using the premises as their primary residence. If the apartment is subject to rent regulation, the initial rent and subsequent rent increases are set by law, and may be challenged by a tenant at any time. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Download . Landlords are responsible for replacing any detectors that are lost, stolen, or become inoperable within the first year of use. Code 27- 2045; Exec. This restriction applies to licensed real estate brokers and salespeople Acting as an agent of the "landlord". Tenants may not refuse installation. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest. S T A T E O F N E W Y O R K _____ 7503 2023-2024 Regular Sessions I N A S S E M B L Y May 25, 2023 _____ Introduced by M. of A. CUNNINGHAM -- read once and referred to the Committee on Housing AN ACT to amend the private housing finance law, in relation to estab- lishing an affordable housing program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS . Yes, under the Acts, no landlord shall refuse to rent or offer a lease to a potential tenant on the basis that the potential tenant was involved in a past or pending landlord-tenant action. The tenant is entitled to $5.00 and the landlord may retain $10.00, 1% of the deposit, as an administrative fee. New York City landlords must post an HPD-approved form in a common area informing occupants of the requirements of New York Citys carbon monoxide laws. Tenants may challenge increases if the Maximum Collectible Rent to the Maximum Base rent being charged by the landlord exceeds the legal regulated rent, the building has housing code violations, the owners expenses do not warrant an increase, or the owner is not maintaining essential services. Additional rules apply in certain situations concerning evictions. To ensure that the landlord is aware of all persons residing in the apartment who may be entitled to succession rights or protection from eviction, a tenant may wish to submit a notice listing all additional occupants to the landlord (9 NYCRR 2523.5(b)(2)). Residential Tenants' Rights Guide - New York State Attorney General A landlords acceptance of a Section 8 subsidy is one such term which must be continued on a renewal lease. Landlords must provide tenants with a written receipt when rent is paid by cash, money order, cashiers check, or in any form other than the personal check of a tenant. Tenants must be given the option of having this interest paid to them annually, applied to rent, or paid at the end of the lease term. PDF Guidance for Real Estate Professionals Concerning the Statewide Housing If the landlord takes any money out of the security deposit for damages, they must provide an itemized receipt describing the damage and its cost. For tenants in units that are not rent stabilized or rent controlled, the landlord must return the security deposit within 14 days of the tenant moving out. Landlords are required to provide reasonable accommodations for tenants with disabilities so that they may enjoy equal access to and use of housing accommodations. At a minimum, leases should identify the premises, specify the names and addresses of the parties, the amount and due dates of the rent, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties. Tenants in multiple dwellings can install and maintain their own locks on their apartment entrance doors in addition to the lock supplied by the landlord. Your landlord cannot bring you to court for non-payment of rent unless they have given you a 14-day written rent demand.. (9 NYCRR 2524.4;9 NYCRR 2504.4; NYC Admin. And they have a long legacy in New York, which built 66,000 affordable apartments and 69,000 limited-profit co-op apartment units from 1955 to 1981 under the Limited-Profit Housing Companies Law . New York Eviction Process (2023): Grounds, Steps & Timeline Upper Manhattan North side of 110th Street and above Adam Clayton Powell Jr. Gertz Plaza 92-31 Union Hall Street, 6th Floor, Dial 311 or (212) 639-9675 if calling from outside of New York City, Service and billing concerning Gas, Electric, Phone, Cable: (800) 342-3377. A tenant or a member of the tenants household who is a victim of domestic violence and reasonably fears potential further domestic violence by remaining in their apartment can terminate the lease by sending a notice to the landlord that they are leaving. In multiple dwellings in New York City and Westchester County, a no-pet lease clause is deemed waived where a tenant openly and notoriously keeps a pet for at least three months and the owner of the building or the owners agent had knowledge of this fact. [1] (including utilities, fees, and other charges) above the current rent except when due to an increase in operating expenses, property taxes, or capital improvements. These steps must be followed by tenants wishing to sublet: Additional requirements limited to rent stabilized tenants: To assign means that the tenant is transferring the entire interest in the apartment lease to someone else and permanently vacating the premises. The right to assign the lease is much more restricted than the right to sublet. Localities can designate temperatures. Tenants may bring a claim in housing court and the court may issue restraining orders against landlords if violations have been found (NYC Admin Code 27-2115). Landlords must give tenants an annual notice about their rights to window guards and must provide this information in a lease rider. Landlords of rent regulated apartments may be required to seek approval from DHCR before commencing a court proceeding for possession, for example, if the owner seeks to demolish the building. Tenants with disabilities who need accommodations should notify their landlord and request the necessary accommodations. If you believe a manufactured home park owner is not following the law, you may contact the New York State Department of Homes and Community Renewal ((hcr.ny.gov). Code 8-109; 42 U.S.C.A.3610(a) (1). Tenant organization meetings are required to be held at reasonable times and in a peaceful manner which does not obstruct access to the premises (Real Property Law 230). Tenants who are senior citizens (62 or older) or living with a disability and living in rent regulated, Low-Income Housing Tax Credit (LIHTC), Limited Dividend, Redevelopment, Housing Development Fund Corporation (HDFC), or Mitchell-Lama cooperatives and rentals, may be granted certain exemptions from rent increases. The new rent laws are permanent unless the legislature amends, repeals, or terminates them. In such cases, the landlord must give the tenant advanced notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. Within one year of a tenants complaint, the landlord substantially alters the terms of a tenants rental agreement. Tenants should bring complaints to the attention of their local housing officials (Multiple Dwelling Law 78 and 80; Multiple Residence Law 174.) A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession; and only a sheriff, marshal, or constable can carry out a court ordered warrant to evict a tenant. (General Obligations Law 5-702; NY C.P.L.R. Termination of a lease requiring monthly payments is not effective until 30 days after the first date on which the next rent is due (NY Military Law 310). All fees, rent, or other charges due during the life of the contract; The fair market value of the manufactured home; and. The landlord has the burden of proving that the overcharge was not willful. A tenant must inform the landlord of the name of any occupant within 30 days of the occupant moving into the apartment or 30 days of a landlords request for this information. If an object more than five inches in diameter can fit through, over or under a window guard, then it is not installed properly. Landlords must provide all tenants of multiple dwellings with both hot and cold water. The judge will determine whether the increase is justifiable. Real Estate Brokers, Agents, Apartment Information Vendors, Listing Services, Division of Licensing Services P.O. If this type of building contains eight or more apartments it must also have a two-way voice intercom system from each apartment to the front door and tenants must be able to buzz open the entrance door for visitors. If the court finds a lease or any lease clause to have been unconscionable at the time it was made, the court may refuse to enforce the lease or the clause in question (Real Property Law 235-c). Multiple dwellings which were built or converted to such use after January 1, 1968 must have automatic self-closing and self-locking doors at all entrances. The tenant may not sublet for more than two years within any four year period (Real Property Law 226-b; 9 NYCRR 2525.6). Eviction laws vary depending on whether the rental property is located within New York City or outside the city, and whether the property is covered by . Landlords of multiple dwellings must keep the apartments and the buildings public areas in good repair and clean and free of vermin, garbage, or other offensive material. The tenant may also be entitled to recover interest, plus reasonable costs and attorneys fees, for overcharges after June 14, 2019. Tenants in other parts of New York State may contact DHCR to determine their eligibility. A complaint may only be filed with DHCR not less than 10 days and not more than 60 days from the date the tenant sent a notice to the landlord. An aggrieved party should contact HUD within one year from the alleged discriminatory housing practice occurs or ceases. Any changes to the lease should be initialed by both parties. Even so, proper notice must first be given before ending the tenancy. New York City rent stabilized tenants are entitled to receive from their landlords a fully executed copy of their signed lease within 30 days of the landlord's receipt of the lease signed by the tenant. If a dispute cannot be resolved, tenants may contact the nearest local office of the Attorney General, listed at the end of this booklet. If the building is sold, the landlord must transfer all security deposits to the new owner within five days or return the security deposits to the tenants. In a non-payment case, you can only be evicted for not paying your rent. For rent stabilized tenants paying a rent lower than the legal regulated rent (called a preferential rent), the landlord is no longer allowed to revoke it and raise the rent to the higher legal regulated rent. Landlords must remove or permanently cover apartment walls and other areas where there is peeling paint or there is friction or impacts that expose the lead and generate lead dust and keep records of all notices, inspections, and repair of lead-based paint hazards and other matters related to lead-based paint law. At the end of the year the account will have earned interest of $15.00. A landlord is prohibited from any action intended to force a tenant out of an apartment or to compel a tenant to give up any rights granted the tenant by law. The notice must be sent at least 30 days before the tenant intends to leave and must state that the tenant or a member of the tenants household has experienced domestic violence and reasonably believes the tenant, or the member of the tenants household, is unable to safely remain in apartment as a result of the domestic violence. Code 27-2043.1). Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner. A landlord may use the security deposit as a reimbursement for any unpaid rent, or the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment. Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units (Real Property Law 223-b). The rent control program applies to residential buildings constructed before February 1947 in municipalities that have not declared an end to the postwar rental housing emergency. Leases for apartments that are not rent stabilized may be oral or written. This booklet explains many of these laws you need to know and provides resources where you can find more information about landlord and tenant issues. If the tenant accepts the renewal offer, the landlord has 30 days to return the fully executed lease to the tenant. Tenants should keep receipts for such repairs and copies of all communications with the landlord about the repairs. United States Postal regulations require landlords of buildings containing three or more apartments to provide secure mail boxes for each apartment unless the management has arranged to distribute the mail to each apartment. Landlords may recover the cost of providing this equipment from tenants (Multiple Dwelling Law 50-a). N.Y. Real Prop. An individual tenants rights will depend, in part, upon which regulations apply, although some apartments may have multiple laws governing their tenancies. If a landlord lies or deliberately misrepresents the law to a tenant, this may also constitute harassment. If you have lived in your apartment for less than one year, or have a lease for less than one year, your landlord must provide you with 30 days advanced notice before raising your rent or not renewing your lease. According to New York Real Property Law 235-f it's illegal for a landlord to restrict your ability to live without someone without adding them to the lease. Documents can include an order of protection, a complaint to law enforcement about domestic violence, a record from a health care provider of treatment related to domestic violence, or written verification from a qualified third party that the tenant or household member reported domestic violence. The lease's beginning and ending dates must be stated. If a landlord of a multiple dwelling fails to pay a utility bill and service is discontinued, landlords may be liable for compensatory and punitive damages (Real Property Law 235-a; Public Service Law 33). New York Life Real Estate Investors, a subsidiary of New York Life Insurance Company, owns the 10-story building. MCI increases cannot be added to your rent if there are any hazardous or immediately hazardous violations at your building. Also, deregulation is no longer permitted in most cases if the tenant is considered high-income. (There are a small number of exceptions to the high-rent and high-income deregulation prohibitions for certain new buildings that receive tax abatements.). Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services. However, the landlord may require a tenant to agree to restore the interior of the premises to the condition that existed before the modification as a condition of granting permission (42 U.S.C.A. Before signing a lease, the most a landlord can charge for a credit and background check is $20. Federal law also mandates that landlords give a pamphlet to their tenants about how to protect themselves from possible lead exposure in their homes. When the lease names more than one tenant, these tenants may share their apartment with immediate family; and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. Fair and Equitable Housing Office: (518) 473-3089, Tenant Protection Unit:TPUinfo@nyshcr.org, Lower Manhattan South side of 110th Street and below 25 Beaver Street. The contract between a tenant and landlord, whether based on a written lease or a handshake, is one of the most common and important deals made across our state. Typically, these improvements occur while the unit is vacant, but can also be made in occupied units with written approval from the tenant. Multiple dwellings built or converted to such use prior to January 1, 1968 also must have self-locking doors and a two-way intercom system if requested by a majority of all the apartments. The tenant then has the opportunity to fix any issues to prevent the landlord from keeping part or all of the security deposit. While tenants in rent regulated or government subsidized apartments have special rights, many rules and laws apply to both unregulated and regulated apartments. In New York City, a landlord may evict a senior citizen for this purpose only if the tenant is provided with an equivalent or superior apartment at the same or lower rent in a nearby area. To check your rent history, call the Office of Rent Administration at (718) 739-6400, or visit portal.hcr.ny.gov/app/ask. The tenant must send a written request to the landlord by certified mail, return-receipt requested. Currently, landlords can end a periodic lease with 60 days' notice, or a fixed-term lease with 30 days' notice, for any reason. Landlords of all multiple dwellings, including those owned as a condominium or cooperative, used as a residence, and one-and two-family homes in New York City must provide and install an approved carbon monoxide alarm within 15 feet of the primary entrance to each sleeping room. In an emergency, such as a fire or water leak, the landlord may enter the apartment without the tenants consent or prior notice. Before filing such a complaint with DHCR for breach of the warranty, the tenant must communicate in writing with the landlord about the problem. Smoke detectors should be clearly audible in each of those rooms. The lock may be no more than three inches in circumference, and tenants must provide their landlord with a duplicate key upon request. Eviction for Nonpayment of Rent If you leave your apartment or other rental home before your lease ends, your landlord must make a good-faith effort to fill the vacancy. Failure to rebut the presumption of retaliation may result in requiring that the tenant be offered a new lease or renewal of up to a year with only a reasonable increase. New York Rent Increase Laws: What Is & Isn't Legal In performing any work that disturbs lead-based paint in applicable apartments and common areas, a landlord must hire workers who have completed a training course in lead-safe work practices. Until you are evicted (i.e. Family members living in an apartment not covered by rent control, rent stabilization, or other housing governed by a regulatory agreement generally have no right to succeed a tenant who dies or permanently vacates the premises. Tenants in public housing are entitled to an administrative grievance process administered by the local housing authority before their tenancies may be terminated for cause. Read your lease agreement carefully! Limits the rent an owner may charge for an apartment and restricts the right of the owner to evict tenants.