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. A manufactured home park owner cannot demand that a tenant pay attorneys fees unless they are awarded those fees by a court order. PDF Residential Tenants' Rights Guide - New York State Attorney General Lease agreements can be either oral or written. As of June 14, 2019, there are new laws protecting tenants in New York State. The judge will take into account your health conditions, whether you have children enrolled in school, the hardship on the landlord if you remain, and any other life circumstances that could affect your ability to move. 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. Tenants of multiple dwellings with eight or more apartments are entitled to maintain a lobby attendant service for their safety and security at their own expense, whenever any attendant provided by the landlord is not on duty (Multiple Dwelling Law 50-c). MCI increases are not permitted if fewer than 35% of the apartments in the building are rent regulated. 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. Such modifications may include building a ramp or installing grab bars in the bathroom. Notice to Cure If the tenant has done something that is not allowed by the lease you must give the tenant a written notice called a Notice to Cure. However, a court may award damages to a tenant equal to a share of the land- lords net savings because of the strike. A landlord is prohibited from charging an applicant for a credit or background check if they fail to provide the applicant with a copy. Brokerage Landlords are also required to provide their tenants with a pamphlet prepared by the NYC Department of Health and Mental Hygiene and the NYC Department of Housing Preservation and Development (HPD). 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. 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 tenant will not be liable for subsequent rental payments. An oral lease for more than one year cannot be legally enforced (General Obligations Law 5-701). Office of the New York State Attorney General. You may be required to continue to pay rent for the months you remain. (Multiple Dwelling Law 79; Multiple Residence Law 173; NYC Admin. A landlord cannot deny a tenant applicant an apartment, rental home, or any other type of rental based on a past legal conflict with a landlord. In New York City, landlords must also comply with the New York City Childhood Lead Poisoning Prevention Act, which requires that landlords of buildings with at least 3 apartments constructed before 1960 (or between 1960 and 1978 where the landlord knows there is lead-based paint) ascertain if a child under seven years old lives in an apartment and inspect that apartment for lead-based paint hazards. Termination date: The law says, the termination date must be effective no earlier than thirty days after the date on which the next rental payment is due (after the notice is delivered). 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. We use cookies to enhance your browsing experience, serve personalized content, and analyze our traffic. 3604(f) (3)). An individual tenants rights will depend, in part, upon which regulations apply, although some apartments may have multiple laws governing their tenancies. Tenant Rights, Laws and Protections: New York Know your rights and responsibilities as a tenant. The responsibility of the manufactured home park owner to cover major repairs and improvements during the rental period. Tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts a rent payment (Real Property Law 232-c). If the overcharge is willful, the landlord is liable for a penalty of three times the amount of the overcharge. However, this protection does not apply to public housing or where the animal causes damage, is a nuisance, or substantially interferes with other tenants (NYC Admin. Amazon is abandoning several of its Fresh stores and seeking tenants to New York City rent stabilized tenants are entitled to receive a fully executed copy of their signed lease from their landlords within 30 days of the landlords receipt of the lease signed by the tenant. Local housing officials have lists of oil dealers who will make fuel deliveries under these circumstances (Multiple Dwelling Law 302-c; Multiple Residence Law 305-c). If a tenant fails to pay rent, is causing a nuisance, damages the apartment or building, or commits other wrongful acts, the owner may proceed directly in court. The eviction proceeding will be terminated if the landlord fails to prove that the eviction was not retaliatory. The lease should show your legal rent, and if you have a preferential rent, it may be shown in the section of the lease that says: Lower rent to be charged, if any.. 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. Owe rent or b). 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. 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. The landlord places the deposit in an interest-bearing bank account paying 1.5%. If the landlord plans to lease their property for less time, it's still suggested that they make a document to avoid legal issues. Smoke detectors should be clearly audible in each of those rooms. 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. Code 27-2043). Tenancy at will, by sufferance, or month-to-month: 30 days. Any lease provision requiring a tenant to pay additional rent or other charges for the installation of an additional lock is void as against public policy and unenforceable (Multiple Dwelling Law 51-c). Alternatively, rent regulated tenants can also file a rent reduction complaint with DHCR. 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. The bill is called the Housing Stability and Tenant Protection act of 2019. Code 8-107). Within 25 days of sending the notice, the tenant must provide documents that the tenant or household member is a victim of domestic violence. NY's Housing Stability and Tenant Protection Act of 2019 Part III Notice to Quit). The tenant then has the opportunity to fix any issues to prevent the landlord from keeping part or all of the security deposit. Tenants in buildings with three or fewer apartments do not have a right to sublet. Landlords in New York are permitted to evict tenants for the following reasons: Nonpayment of Rent: If a tenant fails to pay rent then the landlord may issue a 14-Day Notice to Pay. Tenants may also get a copy of the rent history for their apartment directly from the DHCR. However, if the lease is renewed at a greater amount or the rent is increased during the term of the lease, the landlord is permitted to collect additional money from the tenant to bring the security deposit up to the new monthly rent. (Real Property Actions and Proceedings Law (RPAPL 711)). 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. 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). TENANT RIGHTS | Nassau County, NY - Official Website 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. A subtenant who is overcharged may file a complaint with DHCR or may sue the prime tenant in court to recover any overcharge plus interest, attorneys fees, and treble damages where applicable (, The prime tenant must establish that the apartment has been maintained as a primary residence at all times and must demonstrate intent to reoccupy it at the end of the sublet; and, The prime tenant, not the subtenant, retains the rights to a renewal lease and any rights resulting from a co-op conversion. The fees charged by these firms may not exceed one months rent and must be deposited in an escrow account. The landlord must provide a peephole in the entrance door of each apartment. 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. 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. In extenuating circumstances, tenants may make necessary repairs and deduct reasonable repair costs from the rent. 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. Leases must use words with common and everyday meanings and must be clear and coherent. All manufactured home park leases must include a rider regarding tenant rights. New York Landlord Tenant Laws & Rights for 2023 - DoorLoop Manufactured home park owners can collect late charges on rent payments only if a late charge provision exists in the lease or manufactured home park rules, but late charges cannot be collected on rent payments received within 10 days of the due date. When a tenant is evicted the landlord must give the tenant a reasonable amount of time to remove all belongings. 7031 Koll Center Pkwy, Pleasanton, CA 94566 Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. If a landlord breaches the warranty of habitability, the tenant may sue for a rent reduction. Once window guards are installed, the tenant must not take down, make alterations to, or remove any part of the guard. In New York, a landlord cannot legally evict a tenant without cause. 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 landlord must provide the applicant a copy of the credit or background check, as well as an invoice from the company that performed it. In New York City, apartments are generally under rent stabilization if they are: Outside New York City, rent stabilized apartments are generally found in buildings with six or more apartments that were built before January 1, 1974. 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. 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. 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. Victoria, Tasmania, the ACT and Queensland have passed laws that . Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner. Zillow (Canada), Inc. holds real estate brokerage licenses in multiple provinces. Service may not be discontinued if tenants pay the landlords current bill directly to the utility company. It cannot be changed while it is in effect unless both parties agree. The landlord may request from the tenant, but not more than once in any twelve month period, the names of all persons residing in the apartment. (9 NYCRR 2524.4;9 NYCRR 2504.4; NYC Admin. A short form lease rider drafted in favor of the landlord for use with a REBNY standard form of office lease. 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. You cannot be evicted for non-payment of other fees (such as late fees, legal fees, or any other added fee). New York State licenses real estate brokers and salespersons. 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. Landlords may no longer charge fuel costs to rent-controlled tenants. Family members seeking succession rights in these circumstances must check the applicable federal and municipal regulations and the local public housing authority rules to determine if they meet the eligibility requirements. For New York City rent stabilized tenants, the landlord must give written notice to the tenant of the right to renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires. 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. For example, a landlord cannot deny an applicant an apartment because they sued their previous landlord to make repairs. 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.
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