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. 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. The law defines specifically when a new owner is deemed to have actual knowledge of the security deposits (General Obligations Law, Article 7, Title 1). Senior Citizen or Individuals Living with a Disability Lease Termination. New York Life Real Estate Investors, a subsidiary of New York Life Insurance Company, owns the 10-story building. The term of a sublease may extend beyond the term of the prime tenants lease. The changes took effect over a period of several months throughout the summer and fall of 2019. 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. Until you are evicted (i.e. 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)). 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. 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. Criminal prosecution for violations of this law may be brought by the Attorney General (Real Property Law 446-h). Any uninhabitable condition caused by the tenant or persons under the tenants direction or control does not constitute a breach of the warranty of habitability. In such case, the tenant may countersue for breach of the warranty. Landlords in New York City must install window guards at the request of a tenant and in any apartment in which a child under the age of ten resides, whether requested or not. Within one year of a tenants complaint, the landlord substantially alters the terms of a tenants rental agreement. 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. 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. In the City of Buffalo, landlords are required to maintain their properties and take actions to prevent conditions that are conducive to lead poisoning and correct lead hazards using safe work practices (42 U.S.C.A 4851; NYC Admin. 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. 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. Tenants should bring complaints to the attention of their local housing officials (Multiple Dwelling Law 78 and 80; Multiple Residence Law 174.) Step 1: Start by writing the date, your name and your contact information in an upper corner of the letter. An appeal asks a higher court to decide if the judge was wrong. General Eviction Information for New York - LawNY Tenants should check their rent history to potentially challenge both the deregulation of their apartment and the rent currently being charged. Tenants should keep receipts for such repairs and copies of all communications with the landlord about the repairs. In New York City, if you are a holdover tenant, your landlord has the right to issue you an unconditional vacate notice with a 30-day notice period. An oral lease for more than one year cannot be legally enforced (General Obligations Law 5-701). The landlord may not retain the tenants personal belongings or furniture (RPAPL 749; Real Property Law 235). This restriction applies to licensed real estate brokers and salespeople Acting as an agent of the "landlord". If the smoke alarm is operable and the landlord wishes to replace it with a combined alarm, the landlord can only be reimbursed $25.00. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner. Frequent or prolonged periods of subletting may be grounds for a landlord to seek possession of rent stabilized premises on the basis of non-primary residence (, They are certified by a physician as being no longer able, for medical reasons, to live independently and will move to the residence of a family member; or. 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. We use cookies to enhance your browsing experience, serve personalized content, and analyze our traffic. 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. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. In New York, a tenant can be evicted for not paying rent or for violating the lease or rental agreement. The right to assign the lease is much more restricted than the right to sublet. Once window guards are installed, the tenant must not take down, make alterations to, or remove any part of the guard. For more information on the New York City Pet Law and related legal issues, see FAQ #12 in the Frequently Asked Questions section. In New York State, there are several different laws governing this relationship, which can vary depending on the county or town where you live. When problems arise regarding security deposits, tenants should first try to resolve them with the landlord before taking other action. If the resident owns their manufactured home and the park owner wants them to leave because they intend to change the use of the land, they must pay the resident a stipend of up to $15,000 in order to compensate them for the cost of moving the home. Your landlord must fix these violations before any MCI can be authorized by state regulators. If a dispute cannot be resolved, tenants may contact the nearest local office of the Attorney General, listed at the end of this booklet. 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. (General Obligations Law 5-905). 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.). A tenant who subleases an apartment is called the prime tenant and the person temporarily renting the premises is the subtenant. Limits the rent an owner may charge for an apartment and restricts the right of the owner to evict tenants. Late charges cannot be compounded and are not considered to be additional rent. A month-to-month tenancy may be terminated by either party. An individual tenants rights will depend, in part, upon which regulations apply, although some apartments may have multiple laws governing their tenancies. 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. 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. This Fact Sheet contains information on the lease rider and tenant rights when a copy of the lease rider or addenda is not included with a vacancy or renewal lease. Further, the tenant may be entitled to be restored to occupancy (RPAPL 768; RPAPL 853; NYC Admin. Protective guards must also be installed on the windows of all public hallways. If only a portion of the apartment is damaged, the rent maybe reduced pursuant to a court order or by DHCR in proportion to the part of the apartment that is damaged. Can you evict a tenant without a lease in New York? This Standard Document has integrated notes with important explanations and drafting and negotiating tips for both landlords and tenants. Heat must be supplied from October 1 through May 31 to tenants in multiple dwellings. 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. 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. Zillow (Canada), Inc. holds real estate brokerage licenses in multiple provinces. Eligible families and individuals are subject to statutory income limits. If an object more than five inches in diameter can fit through, over or under a window guard, then it is not installed properly. Changes to New York State Rent Law; Tenant Harassment ; Fair Housing ; Immigrant Tenant Rights; Guidance to Law Enforcement on Illegal Lockouts; EVICTIONS. Landlords must register each rent stabilized apartment with the DHCR and provide tenants annually with a copy of the registration statement. On June 14th, 2019, the Governor of NY signed into law a bill that provides new tenant protections. When the landlord of a multiple dwelling is delinquent in paying utility bills, the utility must give advanced written notice to tenants and to certain government agencies of its intent to discontinue service. An aggrieved party may also choose to sue for damages against a landlord who violates this law and may recover attorneys fees if successful (NYC Admin. 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. 3604(f) (3)). 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. Tenant's Right to Break a Rental Lease in New York | Nolo Learn more about the new tenant protection laws from the NYC Mayor's Office to Protect Tenants. Landlords may not discriminate against any person who has children living with them by refusing to rent an apartment or by insisting upon unfavorable lease terms because the person has children. 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. . Check lawhelp.org. Landlords may be able to evict tenants who violate a lease provision prohibiting pets. 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. 442-H New York Standard Operating Procedures New York Fair Housing Notice TREC: Information about brokerage services, Consumer protection notice California DRE #1522444Contact Zillow, Inc. Can Someone Live with You Without Being on the Lease in New York? Consumers with hearing or speech impairment can contact the Department of Public Service through the NYS Relay Service by dialing 711. An owner may not evict a tenant by use of force or unlawful means. Landlords are required to take minimal precautions to protect against reasonably foreseeable criminal harm. 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. You may access this form at formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome. 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.. In rent controlled apartments statewide and in rent stabilized apartments outside New York City, a landlord may not evict a senior citizen, a person living with a disability, or any person who has been living in the apartment for 15 years or more for purposes of owner occupancy (NYC Admin. The landlord must provide a peephole in the entrance door of each apartment. Alternatively, rent regulated tenants can also file a rent reduction complaint with DHCR. Lessons From a Renters' Utopia - The New York Times Examples of when you use this Notice are if the tenant has a pet, or a washing machine that you did not agree to, or the tenant is too loud all the time. MCI increases are not permitted if fewer than 35% of the apartments in the building are rent regulated. Currently, landlords can end a periodic lease with 60 days' notice, or a fixed-term lease with 30 days' notice, for any reason. A party must sign the lease to be bound by its terms. The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number. We Value Your Privacy If the overcharge is willful, the landlord is liable for a penalty of three times the amount of the overcharge. Landlords in New York City must install Department of Health and Mental Hygiene-approved window guards. 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. 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. Families receive a rental subsidy, known as a housing assistance payment, or a mortgage subsidy toward payments to purchase a home, equal to the difference between their share of the rent, (based on their income) and the approved rent or mortgage for the unit. The Multiple Dwelling Law applies to cities with a population of 325,000 or more and the Multiple Residence Law applies to cities with less than 325,000 and to all towns and villages. A short form lease rider drafted in favor of the landlord for use with a REBNY standard form of office lease. Any lease provision restricting a tenants right to sublease is void as a matter of public policy.

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