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.
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.
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.