New York Landlord Tenant Law: Understanding Your Rights And Obligations
New York’s landlord-tenant laws are known for being some of the most robust and complex in the country. These laws cover everything from the rights and responsibilities of both landlords and tenants to the procedures for eviction and rent control.
If you are a landlord, tenant, or someone considering renting or subletting a property in New York, it is essential to understand the nuances of these laws to protect your interests. This guide will help you navigate the ins and outs of New York’s landlord-tenant law.
Overview: New York’s Landlord Tenant Law
New York’s landlord tenant law is derived from a variety of sources, including state statutes and common law and is designed to balance the interests of both landlords and tenants. The law provides broad protections for tenants, including the right to safe and habitable housing, fair treatment in rent payment, and eviction proceedings, as well as the right to report unsafe or illegal conditions to authorities without fear of retaliation.
New York’s landlord tenant law is based primarily on the Real Property Law (RPL) and the General Obligations Law (GOL), though other statutes and case law also come into play.
Definitions: Understanding Key Terms in New York Landlord Tenant Law
Before diving into specific legal issues, it’s important to clarify some of the key terms and concepts that come up regularly in New York’s landlord tenant law.
Landlord: An owner or legal representative of the owner who leases or rents out property.
Tenant: The individual or entity who occupies or uses the leased or rented property.
Lease: A formal written agreement between the landlord and tenant for the rental and use of a property.
Sublease: A lease agreement between a tenant and a third-party sub-lessee where the sub-lessee takes over the tenant’s lease and rents a portion or all of the unit directly from the tenant.
Rent Control: A set of regulations that limit rent increases or otherwise regulate rent prices in certain housing units.
Security Deposit: A deposit held by the landlord or property manager to ensure that the tenant meets their obligations under the lease. This deposit is refundable when the lease ends, provided that the tenant has not caused damage to the property.
Habitability: The concept that a rental property must be safe, sanitary, and fit for human habitation. Landlords are legally obligated to provide this for tenants.
Fair Housing Laws: Federal, State, and local laws that prohibit discrimination in housing based on certain characteristics, such as race, ethnicity, gender, or family status.
Fair Housing Act in New York
New York follows federal fair housing laws, which make it illegal for landlords to discriminate against potential tenants based on race, sex, color, religion, national origin, familial status (having children or pregnant), and disability. New York State and New York City also have their own fair housing laws that offer additional legal protections.
For example, in New York, landlords may not discriminate against tenants using rental assistance programs or based on criminal history.
Tenant Rights: Understanding Your Protections as a Tenant
New York’s landlord-tenant laws offer substantial protections for renters, particularly regarding the habitability and cleanliness of their homes.
Habitability: The Right to Safe and Sanitary Housing
One of the most critical protections that tenants enjoy in New York is the right to a safe, habitable living space. This means that landlords must provide a rental property that is free from dangerous or unhealthy conditions, such as lead, mold, or asbestos.
If your apartment is uninhabitable due to these or other hazards, you have the right to ask your landlord to fix these issues. If your landlord fails to do so, you may be able to withhold rent, sue for damages, or even terminate your lease.
Repairs And Maintenance
Landlords are responsible for maintaining a rental property in good repair and habitable condition. This includes fixing leaks, repairing appliances and fixtures, and ensuring that common areas are functional and clean. Tenants should report any maintenance needs or necessary repairs to the landlord or property manager promptly.
If landlords fail to make necessary repairs, tenants can contact the local housing and building department for help. Documentation of repairs and communication with your landlord is critical in these cases.
Rent Increases
In New York, landlords can only increase rent once per year (assuming the lease allows for it). The lease must also provide for enough notice (typically thirty days) to give the tenant the opportunity to pay or move out.
More protections may be available to regulated tenants in rent-controlled units. The Rent Guidelines Board sets annual rent increases for rent-regulated apartments, based on the allowable costs of building upkeep and improvements.
Security Deposits
New York’s landlord-tenant law sets strict requirements for landlords who collect security deposits. Once a tenant moves out, the landlord has 14 days to return the deposit, either in full or with itemized deductions for any repairs or damages the tenant caused during their tenancy.
Landlords who fail to follow these requirements face legal consequences, including fines and possible legal action.
Evictions In New York
When a landlord wants to evict a tenant, they must follow a specific legal process, regardless of the cause for the eviction. These procedures are meant to ensure that tenants have the opportunity to defend themselves in court, to make sure that landlords play by the rules, and that everyone is treated fairly. Failure to follow these procedures can result in legal consequences for landlords that could include fines and even jail time.
If you are a tenant facing eviction, it’s crucial to know your rights and make sure you fully understand the process. Some important things to keep in mind include:
– Landlords cannot evict tenants without legal cause. Common causes for eviction include non-payment of rent, lease violations, or failure to vacate the property after giving proper notice.
– In most cases, landlords must first provide tenants with a written notice of their intentions to evict. This can be delivered in person or by mail.
– If a tenant receives a notice of eviction, they have the right to dispute the eviction in court. The tenant must file an answer to this petition to dispute the landlord’s claim through the court.
New York’s Eviction Moratorium
In response to the COVID-19 pandemic, New York State passed an eviction moratorium in March 2020. This moratorium has been extended several times and is currently set to expire on August 31, 2021.
Under the eviction moratorium, landlords are prohibited from evicting tenants for non-payment of rent if the tenant can prove that they have been financially impacted by the pandemic. The bill requires the tenant to self-certify their financial hardship.
Landlords can still begin eviction proceedings against tenants for other reasons, such as lease violations. However, all court proceedings related to the eviction process are on hold during the moratorium period, except on the grounds of a serious threat to public health and/or safety.
Landlord Rights: What Landlords Can and Cannot Do
Landlords also have rights under New York State’s landlord tenant law, including the right to collect rent, set conditions for occupancy, and maintain their property.
Tenant Screening and Background Checks
Landlords have the right to screen potential tenants carefully, to ensure that the tenant is a good fit for the rental property.
This may include a credit check, a criminal background check, or even an interview with the prospective tenant, as long as the landlord follows fair housing guidelines.
Rent Collection
Landlords have the right to collect rent from tenants in a timely manner, as spelled out in the lease agreement. Late fees and other charges for non-payment of rent may also be included in the lease agreement.
Tenant Lease Violations
If tenants violate the lease agreement by breaking rules or damaging the property, landlords have the right to take action, including evicting the tenant. However, landlords must follow specific eviction procedures as outlined above.
Property Maintenance
Landlords are responsible for keeping rental properties in good condition for tenants. Property maintenance includes making necessary repairs, ensuring that common areas are clean and free from hazards, and upholding local and state building codes.
Emergency Access
In cases of emergency (such as a fire or flood), landlords may enter rental properties with little or no notice to tend to the emergency situation. However, the landlord’s entry rights in cases that are not emergencies are severely limited, which includes repairs and inspections.
Final Thoughts
New York’s landlord tenant law is a complex area of the law that can be difficult to understand, even for experienced legal professionals. Both tenants and landlords should be aware of their rights and responsibilities under the law to ensure a fair and successful rental relationship. Consultation with a qualified attorney with a focus on landlord-tenant law can assist in clarification of these rights and obligations for both parties, to ensure that all matters are handled correctly and within the bounds of the law.
Sources:
– The New York State Unified Court System: New York’s Landlord Tenant Law
– The New York City Commission on Human Rights: Fair Housing in New York City
– The New York State Office of the Attorney General: Landlord-Tenant Rights
– Nolo: New York Landlord Tenant Law”
– The Rent Guidelines Board: New York City Rent Guidelines
Guide To New York Landlord Tenant Law
If you are looking for an apartment or rental house in New York, you may want to know more about NY landlord tenant law. The state of New York has some of the strictest laws in the country regulating the conduct of landlords, and tenants’ rights are generally well-protected by New York landlord tenant law. This guide will explain some of the NY landlord tenant law issues that are commonly experienced by New York residents, and how the law works in these situations.
Evictions
Landlords are only allowed to evict tenants according to New York landlord tenant law for significant violations of the lease. For instance, extensive damage to a property or using illegal drugs on a property could be sufficient cause to lead to an eviction notice, but not normal wear and tear. Your landlord is also able to evict legally with NY landlord tenant law if you have failed to pay your rent and you have been given notice to correct.
New York landlord tenant law forbids landlords from performing any eviction themselves. In order to evict properly according to NY landlord tenant law, your landlord is required to go through the court administered eviction process. This requires your landlord to go to court, potentially more than once, in order to evict you. If your landlord attempts to evict you personally by throwing your belongings out, changing your locks, or shutting down your utility services, he or she is acting in violation of New York landlord tenant law. You may want to talk to a New York tenant law attorney if your landlord is using “self-help eviction” tactics on you.
Landlords Entering Homes
According to NY landlord tenant law, landlords may only enter a tenant’s apartment to make repairs or perform inspections. In most situations, New York landlord tenant law also requires landlords to give a mnimum of 24 hours advance written notice before inspecting a property or 7 days before making non-emergency repairs. Emergency repairs may be performed without notice, if delaying would result in significant damage to property or danger to tenants.
Repairs and Habitability
NY landlord tenant law specifies that landlords must maintain rental units properly and repair them as needed. The law mandates that rental units have hot and cold running water, working heat, working appliances, and are free from vermin and noxious odors. Your landlord must keep your plumbing and electrical systems in good working order according to New York landlord tenant law. Your landlord is also required to install functional smoke detectors and carbon monoxide detectors installed in each unit, and must replace them if they become non-functional.
Discrimination
Housing discrimination on the basis of race, sex, religion, national origin, or sexual orientation is prohibited by NY landlord tenant law. If you suspect you have been denied housing for a discriminatory reason in violation of the law, you may want to contact the Attorney General’s office to learn what your next steps should be.
