A landlord may not interfere with the installation of cable television facilities (Public Service Law 228). Succession Rights For rent stabilized and rent controlled apartments throughout New York State, a "family member" of the tenant may have the right to a rent stabilized renewal lease or protection from eviction in an apartment under rent control when the tenant dies or permanently leaves the apartment. NY's Housing Stability and Tenant Protection Act of 2019 Part III General Eviction Information for New York - LawNY Landlords of multiple dwellings in New York City must also install a chain-door guard on the entrance door to each apartment, to permit partial opening of the door (Multiple Dwelling Law 51-a; NYC Admin. The rights of these renters are sometimes misunderstood but one thing you must comply with is the beforehand eviction notice. However, tenants may be brought to court directly for nonpayment of rent without an administrative hearing. Here's what you need to know for most tenants who don't have a lease: You must give a 30-Day Notice The tenant must either a). Tenants in rent stabilized apartments are entitled to required essential services and lease renewals on the same terms and conditions as the original lease and may not be evicted except on grounds allowed by law. A manufactured home park owner cannot demand that a tenant pay attorneys fees unless they are awarded those fees by a court order. This form of lease is mostly used in multi-tenant office buildings in New York. 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. Tenants should keep receipts for such repairs and copies of all communications with the landlord about the repairs. Landlords must keep the mail boxes and locks in good repair. Rent stabilized tenants must also be given a rent stabilization lease rider, prepared by DHCR, which summarizes their rights under the law and provides specific information on how the rent was calculated. Protective guards must also be installed on the windows of all public hallways. Code 272029). Throwing tenants forcibly out is like self-mortification and in the state of New York, a renter cannot be legally driven out without first having been given a 7-day, or 30-day, notice to quit. 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). Code 8-109; 42 U.S.C.A.3610(a) (1). Tenant Rights, Laws and Protections: New York Know your rights and responsibilities as a tenant. Typically, these improvements occur while the unit is vacant, but can also be made in occupied units with written approval from the tenant. TENANT RIGHTS | Nassau County, NY - Official Website New York Landlord Tenant Laws & Rights for 2023 - DoorLoop The request must contain the following information: (a) the length of the sublease; (b) the name, home and business address of the proposed subtenant; (c) the reason for subletting; (d) the tenants address during the sublet; (e) the written consent of any co-tenant or guarantor; and (f) a copy of the proposed sublease together with a copy of the tenants own lease, if available. Failure to pay rent on time Rent in New York is considered late a day past its due date. A landlord also may increase the rent because of hardship or increased labor costs. 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. Senior Citizen or Individuals Living with a Disability Lease Termination. You must let the tenant know they can contest the eviction in housing court. Within 30 days of the mailing of the tenants sublet request or within 30 days of the landlords request for additional information, whichever is later, the landlord must send the tenant a notice of consent, or if consent is denied, the reasons for denial. To chat with a landlord tenant attorney, Click here Our office may be able to help you get back your rent security deposit. If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings. If the landlord of the non-regulated unit intends to renew the lease with a rent increase of more than 5%, or does not intend to renew the lease, they must provide advanced written notice: Rent stabilized tenants have a right to a one- or two-year renewal lease, which must be on the same terms and conditions as the prior lease, unless a change is mandated by a specific law or regulation. When problems arise regarding security deposits, tenants should first try to resolve them with the landlord before taking other action. Code 272009.1(b); Westchester County Laws, Chapter 695.11). Non-rent regulated renters who do not have leases and pay rent on a monthly basis are called month-to-month tenants. Localities can designate temperatures. Tenants may not refuse installation. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services. In New York City, the landlord is required to maintain the public areas in a clean and sanitary condition (NYC Admin. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner. Exempting landlords from liability for injuries to persons or property caused by the landlords negligence, or that of the landlords employees or agents (, Waiving the tenants right to a jury trial in any lawsuit brought by either of the parties against the other for personal injury or property damage (, Requiring tenants to pledge their household furniture as security for rent (, Exempting landlords from mitigating the damages of a tenant vacating the premises before the lease expires (, Restricting a tenant from living with their immediate family members and/or one additional occupant and the occupants dependent children (. WA's rental laws are finally being updated. Here's everything you need Here are the differences between the two. Tenants may determine whether they qualify for a Senior Citizen Rent Increase Exemption (SCRIE) or a Disability Rent Increase Exemption (DRIE) by calling the NYC Department of Finance at (212) 639-9675 or visiting the walk-in center located at 66 John Street, 3rd Floor, New York, NY 10038. 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. Tenants are responsible for keeping fresh batteries in the carbon monoxide detector. You cannot be evicted for non-payment of other fees (such as late fees, legal fees, or any other added fee). 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. 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. Any changes to the lease should be initialed by both parties. In New York State, there are several different laws governing this relationship, which can vary depending on the county or town where you live. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. Changes to New York State Rent Law; Tenant Harassment ; Fair Housing ; Immigrant Tenant Rights; Guidance to Law Enforcement on Illegal Lockouts; EVICTIONS. Once the lease has expired, you will be required to give 30-, 60-, or 90-days' written notice depending on how long the tenant has lived in the rental unit. 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, a landlord cannot use threats of violence, remove a tenants possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. In New York City, each rent controlled apartment has a maximum base rent that is adjusted every two years to reflect changes in operating costs, but tenants rents cannot exceed a Maximum Collectible Rent, which is adjusted annually and based on an average of the past five years of Rent Guideline Board orders for one year leases or 7.5% (whichever is lower). 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. The owner is responsible for installing and maintaining lighting in these areas (NYC Admin. If the landlord denies the sublet on reasonable grounds, the tenant cannot sublet, and the landlord is not required to release the tenant from the lease. Being evicted from your dwelling for serious and non-repeated violations of your lease, such as non-payment of rent, is grounds to terminate your Housing Choice Voucher. 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 landlords failure to send this written notice is considered consent to sublet (, The rent charged to the subtenant cannot exceed the stabilized rent, plus a 10% surcharge payable to the tenant for a furnished sublet. All fees, rent, or other charges due during the life of the contract; The fair market value of the manufactured home; and. Code 27-2040; Multiple Dwelling Law 35; Multiple Residence Law 109). Within ten days of mailing this request, the landlord may ask the tenant for additional information. Tenants who are blind or deaf are permitted to have guide dogs or service dogs regardless of a no-pet clause in their lease. How to Evict a Tenant in NYC with No Lease? - NY Rent Own Sell Additional rules apply in certain situations concerning evictions. If you have lived in your apartment two or more years, or if you have a two-year lease, your landlord must provide you with 90 days advanced written notice before raising your rent or not renewing your lease; If you have lived in your apartment for more than one year, but less than two years, your landlord must provide you with 60 days advanced notice before raising your rent or not renewing your lease; or. The landlord must keep all documentation and information about the domestic violence confidential and an intentional violation would expose the landlord to penalties and a damage award. In most cases, rent increases including the lot rent and any fees or utilities, are limited to 3%, but park owners can raise the rent by up to 6% if the increase is determined to be justifiable. If the park owner asks for a rent increase that is more than 3%, renters can challenge the increase in court. If a tub or shower is equipped with an anti-scald valve that prevents the hot water temperature from exceeding 120 degrees, the minimum hot water temperature for that tub or shower is 110 degrees (Multiple Dwelling Law 75; Multiple Residence Law 170; NYC Admin. For example: if the notice to the landlord is mailed on April 5, the notice is deemed received April 10. They must allow the tenant to be present during the inspection. Landlords may no longer charge fuel costs to rent-controlled tenants. The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number. Tenants are responsible for reimbursing the landlord $25.00 within one year for each carbon monoxide alarm that is newly installed. 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 . For certain types of building-wide major capital improvements (MCIs) that benefit all of the tenants in a building (such as the replacement of a boiler or plumbing) the landlord may apply to DHCR to increase the rent of their rent stabilized tenants. Code 26408(b)(1)). If an apartment becomes uninhabitable due to fire or other damage not caused by the tenant, and the lease does not expressly provide otherwise, the tenant may vacate the apartment and cancel the lease. If you believe your landlord is not following the law related to rent increases, you can make a complaint to the New York State Department of Homes and Community Renewal at hcr.ny.gov. When a rent controlled apartment is vacated in New York City or most other localities, it becomes rent stabilized. Apartment listing services that charge a fee for providing information about the location and availability of apartments and rooms for rent must be licensed by the state (Real Property Law 446-b). Additionally, a landlord may not refuse to permit, reasonable structural modifications of existing premises occupied by a tenant with a disability, if such modifications may be necessary to afford the tenant full use of the premises and are undertaken at the expense of the tenant. 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). Remaining family members living in government-financed housing (such as a public development, an apartment owned by the local municipality, or in an apartment where the prime tenant had Section 8 Rental Assistance) and where the named tenant of record has died or moved out, may also have the right to succeed to that tenants lease and/or rent subsidy. 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. In New York State, it is illegal for a landlord to treat tenants differently or refuse to rent to someone because of their: Race and/or ethnicity National origin Religion Gender identity Sexual orientation Disability (including mental health conditions) Familial status (such as whether or not a tenant is married or has children) Source of income Tenants can use the failure by the landlord to provide this notice as an affirmative defense in a nonpayment of rent case. The landlord must provide a peephole in the entrance door of each apartment. These payments are deductible from rent. Apartments For Rent in New York NY | Zillow After the notice of renewal is given, the tenant has 60 days in which to accept. The tenant may not sublet for more than two years within any four year period (Real Property Law 226-b; 9 NYCRR 2525.6). Such modifications may include building a ramp or installing grab bars in the bathroom. Real Estate Brokers, Agents, Apartment Information Vendors, Listing Services, Division of Licensing Services P.O. After the tenant requests a receipt one time, the landlord must provide a receipt every month. To sublet means that the tenant is temporarily leaving the apartment and therefore is transferring less than the entire interest in the apartment. Owners or lessors of a facility of a unit into which a senior citizen or person living with a disability is entitled to move after terminating a lease must advise such tenant in the admission application form of the tenants rights under the law (Real Property Law 227-a(3-a)). Step 3: In the first paragraph, mention the rental property address, the lease start and end dates, and the reason for the letter. A month-to-month tenancy may be terminated by either party. 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. If the lease is terminated by the park owner, the owner must pay back all of the rent-to-own payments that were made. 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. The applicant can provide their own background or credit check to avoid any fees, as long as the background or credit check was performed within the past 30 days. Additionally, in most cases landlords are no longer allowed to take an apartment out of rent regulation when the rent exceeds the high-rent threshold and the apartment becomes vacant. For a Lease: according to the terms of the lease. 4544.). Tenant's Right to Break a Rental Lease in New York - East Coast Laws For example: A tenant pays a security deposit of $1,000. Public Housing is a federally funded program in which state-chartered authorities develop and manage public housing developments, subject to federal, state, and local laws and regulations. For more information on the New York City Pet Law and related legal issues, see FAQ #12 in the Frequently Asked Questions section. Landlords are responsible for replacing any detectors that are lost, stolen, or become inoperable within the first year of use. 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. PDF Succession Rights - Homes and Community Renewal 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. Eligible families and individuals are subject to statutory income limits. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. Your landlord must fix these violations before any MCI can be authorized by state regulators. Key money is not to be confused with fees that may be legally charged by a licensed real estate broker (Penal Law 180.55). Remaining in unit after lease expires converts tenancy to a month-to-month tenancy if the landlord accepts rent from tenant. Law 378). At the beginning of their tenancy, all tenants can be required to give their landlord a security deposit, but it is limited to no more than one months rent. The tenant will not be liable for subsequent rental payments. Under prior law, if a landlord won a holdover proceeding based on a lease breach against a New York City residential tenant, the tenant had an automatic stay for 10 days under RPAPL 753 to cure the breach. The bill is called the Housing Stability and Tenant Protection act of 2019. Local regulations may require higher temperatures during these times. MCI increases cannot be added to your rent if there are any hazardous or immediately hazardous violations at your building. 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. Landlords are required to maintain electrical, plumbing, sanitary, heating, and ventilating systems, and appliances that the landlord installed (such as refrigerators and stoves) in good and safe working order. If the landlord does not provide this receipt within 14 days of the tenant moving out, they must return the entire security deposit, whether there is damage or not. If an object more than five inches in diameter can fit through, over or under a window guard, then it is not installed properly. 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). In addition, a lease may not require that tenants remain childless during their tenancy (Real Property Law 237; Real Property Law 237-a). If the outdoor temperature falls below 55F between the hours of six a.m. and ten p.m., each apartment must be heated to a temperature of at least 68F. Within 25 days of sending the notice, the tenant must provide documents that the tenant or household member is a victim of domestic violence. They relocate to an adult care facility, a residential health care facility, subsidized low- or moderate-income housing, or other housing for seniors or persons living with a disability. 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. For non-rent regulated apartments, the landlord does not have to renew the lease.

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