You may access this form at formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome. Though such a request is not required to be in writing, it is often helpful should any dispute arise. The responsibility of the manufactured home park owner to cover major repairs and improvements during the rental period. Code 27-2045). 
In NYC, Landlords found guilty of harassment are subject to fines of up to $2,000 for the first offense and up to $10,000 for each subsequent offense. Tenants are responsible for keeping and maintaining the carbon monoxide alarm in good repair. An individual tenants rights will depend, in part, upon which regulations apply, although some apartments may have multiple laws governing their tenancies. As of June 15, 2019, other localities are now able to enact their own rent stabilization laws if the locality declares a housing emergency. This cap applies to MCI increases not collected yet that were approved after June 16, 2012. To check your rent history, call the Office of Rent Administration at (718) 739-6400, or visit portal.hcr.ny.gov/app/ask. This means it is unlawful to live in (to occupy). 3604(f) (3)). Key money is not to be confused with fees that may be legally charged by a licensed real estate broker (Penal Law 180.55). Leases must use words with common and everyday meanings and must be clear and coherent. 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. Within one year of a tenants complaint, the landlord substantially alters the terms of a tenants rental agreement. The Mitchell-Lama housing program provides rental and cooperative housing for middle-income tenants statewide. 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. Copyright 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.. 
Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest. 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. Additional rules apply in certain situations concerning evictions. New York State licenses real estate brokers and salespersons. Tenants have a legal right to organize. 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. The landlord has the burden of proving that the overcharge was not willful. Late Fees or Nonpayment of Rent. A landlord also may increase the rent because of hardship or increased labor costs. 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. Civil rights groups have condemned the measure amid warnings that it may deter foreign aid and investment in one of Africas fastest-growing economies if it is signed into law by President Yoweri M Landlords of multiple dwellings must install approved smoke detectors in each apartment, within ten feet of each room used for sleeping. Landlords must give tenants an annual notice about their rights to window guards and must provide this information in a lease rider. 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. Right to health and safety. NY Real Property Law 238-a(1)(b). 
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. When the information provided by the firms does not result in a rental, the entire amount of any pre-paid fee, less $15.00, must be returned to the prospective tenant. WebEven if the law doesn't require disclosure, landlords should answer such questions truthfully. Any request for additional information may not be unduly burdensome. 
In such a case, it is the tenants responsibility to remedy the condition (Real Property Law 235-b). WebHome. Consumers with hearing or speech impairment can contact the Department of Public Service through the NYS Relay Service by dialing 711. WebNew York has a law called the "Warranty of Habitability" (Real Property Law 235-b). Tenants who are blind or deaf are permitted to have guide dogs or service dogs regardless of a no-pet clause in their lease. The notice is considered delivered five days after mailing. According to New York landlord-tenant law, the landlord may send the tenant an eviction notice for the following reasons: Criminal Activity. 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. 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. The landlord may not retain the tenants personal belongings or furniture (RPAPL 749; Real Property Law 235). Tenants in buildings with four or more apartments have the right to sublet with the landlords advance consent. "Habitable" means that the rental unit is a safe and decent place to live. 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. 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. 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. All Rights Reserved. 
Landlords may be able to evict tenants who violate a lease provision prohibiting pets. View details, map and photos of this residential lots property with 0 bedrooms and 0 total baths. 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). Here are the differences between the two. A life estate is a property that an individual owns and may use for the duration of their lifetime. Code 27-2043). 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. The Manufactured Homes Complaint Program Hotline is (800) 432-4210. It must also state that until that time, the park owner is responsible for keeping the home in habitable condition; making all major repairs and improvements; and keeping it free from conditions that would be dangerous to the tenants health and safety. Within ten days of mailing this request, the landlord may ask the tenant for additional information. Apartments that were deregulated before June 14, 2019 will continue to be so. 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. The amount of the commission is not set by law and should be negotiated between the parties. In NYC, hot water must register at or above a constant temperature of 120 degrees at the tap. WebNew York State Attorney General | New York State Attorney General formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants have the right to privacy within their apartments. July 20, 2000. Since shutdowns will continue to be used to combat pandemics, landlords and tenants need to prepare to negotiate provisions related to such events. If this type of building contains eight or more apartments it must also have a two-way voice intercom system from each apartment to the front door and tenants must be able to buzz open the entrance door for visitors. Under certain circumstances, harassment of a rent regulated tenant may constitute a class E felony (Penal Law 241.05; NYC Admin Code 27-2004, 27-2005). Any lease provision restricting a tenants right to sublease is void as a matter of public policy. Anyone entering into a rent-to-own agreement with a manufactured home park owner must be provided with a contract that clearly describes: Every rent-to-own contract must state that until the title to the property is transferred, the tenant is occupying a rented home. WebCheck that a company is licensed by the NYS Department of Labor to perform mold remediation. Typically, these improvements occur while the unit is vacant, but can also be made in occupied units with written approval from the tenant. 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. WebFor 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. (General Obligations Law 5-702; NY C.P.L.R. The tenant may also be entitled to recover interest, plus reasonable costs and attorneys fees, for overcharges after June 14, 2019. A tenant or a member of the tenants household who is a victim of domestic violence and reasonably fears potential further domestic violence by remaining in their apartment can terminate the lease by sending a notice to the landlord that they are leaving. (Real Property Law 227-c). An apartment that is not otherwise rent controlled in a building built before January 1, 1974 with six or more units; A formerly rent controlled apartment that became vacant without a lawful successor; In a building with three or more apartments constructed or extensively renovated on or after January 1, 1974 with special tax benefits, such as 421-a or J-51 tax abatements. Right to a Hearing. 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. The landlord may withhold consent without cause. Criminal prosecution for violations of this law may be brought by the Attorney General (Real Property Law 446-h). These payments are deductible from rent. If you have lived in your apartment for less than one year, or have a lease for less than one year, your landlord must provide you with 30 days advanced notice before raising your rent or not renewing your lease. The rights of a family member living in a rent controlled or rent stabilized apartment to succeed a tenant of record who dies or permanently vacates are covered by DHCR regulations. Code 27-2045). Under these regulations, a family member is defined as husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the tenant; or any other person residing with the tenant in the apartment as primary resident who can prove emotional and financial commitment and interdependence with the tenant (9 NYCRR 2520.6(o)(2)). Send a 7-day notice to quit ( 35-9A-421(b)): Send The landlord must use licensed contractors not affiliated by common ownership between the contractor and the landlord to perform any work it intends to count as an IAI. What if I am a renter? 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. If a landlord of a multiple dwelling fails to pay a utility bill and service is discontinued, landlords may be liable for compensatory and punitive damages (Real Property Law 235-a; Public Service Law 33). However, tenants may be brought to court directly for nonpayment of rent without an administrative hearing. Our office may be able to help you get back your rent security deposit. Brokers charge a commission for their services, which is usually a stated percentage of the first years rent. 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 following lease provisions are not allowed: If a lease states that the landlord may recover attorneys fees and costs incurred, a tenant automatically has a reciprocal right to recover those fees as well (Real Property Law 234). Tenants are responsible for keeping fresh batteries in the carbon monoxide detector. 
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In NYC, Landlords found guilty of harassment are subject to fines of up to $2,000 for the first offense and up to $10,000 for each subsequent offense. Tenants are responsible for keeping and maintaining the carbon monoxide alarm in good repair. An individual tenants rights will depend, in part, upon which regulations apply, although some apartments may have multiple laws governing their tenancies. As of June 15, 2019, other localities are now able to enact their own rent stabilization laws if the locality declares a housing emergency. This cap applies to MCI increases not collected yet that were approved after June 16, 2012. To check your rent history, call the Office of Rent Administration at (718) 739-6400, or visit portal.hcr.ny.gov/app/ask. This means it is unlawful to live in (to occupy). 3604(f) (3)). Key money is not to be confused with fees that may be legally charged by a licensed real estate broker (Penal Law 180.55). Leases must use words with common and everyday meanings and must be clear and coherent. 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. Within one year of a tenants complaint, the landlord substantially alters the terms of a tenants rental agreement. The Mitchell-Lama housing program provides rental and cooperative housing for middle-income tenants statewide. 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. Copyright 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.. Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest. 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. Additional rules apply in certain situations concerning evictions. New York State licenses real estate brokers and salespersons. Tenants have a legal right to organize. 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. The landlord has the burden of proving that the overcharge was not willful. Late Fees or Nonpayment of Rent. A landlord also may increase the rent because of hardship or increased labor costs. 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. Civil rights groups have condemned the measure amid warnings that it may deter foreign aid and investment in one of Africas fastest-growing economies if it is signed into law by President Yoweri M Landlords of multiple dwellings must install approved smoke detectors in each apartment, within ten feet of each room used for sleeping. Landlords must give tenants an annual notice about their rights to window guards and must provide this information in a lease rider. 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. Right to health and safety. NY Real Property Law 238-a(1)(b). 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. When the information provided by the firms does not result in a rental, the entire amount of any pre-paid fee, less $15.00, must be returned to the prospective tenant. WebEven if the law doesn't require disclosure, landlords should answer such questions truthfully. Any request for additional information may not be unduly burdensome. In such a case, it is the tenants responsibility to remedy the condition (Real Property Law 235-b). WebHome. Consumers with hearing or speech impairment can contact the Department of Public Service through the NYS Relay Service by dialing 711. WebNew York has a law called the "Warranty of Habitability" (Real Property Law 235-b). Tenants who are blind or deaf are permitted to have guide dogs or service dogs regardless of a no-pet clause in their lease. The notice is considered delivered five days after mailing. According to New York landlord-tenant law, the landlord may send the tenant an eviction notice for the following reasons: Criminal Activity. 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. 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. The landlord may not retain the tenants personal belongings or furniture (RPAPL 749; Real Property Law 235). Tenants in buildings with four or more apartments have the right to sublet with the landlords advance consent. "Habitable" means that the rental unit is a safe and decent place to live. 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. 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. 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. All Rights Reserved. Landlords may be able to evict tenants who violate a lease provision prohibiting pets. View details, map and photos of this residential lots property with 0 bedrooms and 0 total baths. 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). Here are the differences between the two. A life estate is a property that an individual owns and may use for the duration of their lifetime. Code 27-2043). 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. The Manufactured Homes Complaint Program Hotline is (800) 432-4210. It must also state that until that time, the park owner is responsible for keeping the home in habitable condition; making all major repairs and improvements; and keeping it free from conditions that would be dangerous to the tenants health and safety. Within ten days of mailing this request, the landlord may ask the tenant for additional information. Apartments that were deregulated before June 14, 2019 will continue to be so. 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. The amount of the commission is not set by law and should be negotiated between the parties. In NYC, hot water must register at or above a constant temperature of 120 degrees at the tap. WebNew York State Attorney General | New York State Attorney General formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants have the right to privacy within their apartments. July 20, 2000. Since shutdowns will continue to be used to combat pandemics, landlords and tenants need to prepare to negotiate provisions related to such events. If this type of building contains eight or more apartments it must also have a two-way voice intercom system from each apartment to the front door and tenants must be able to buzz open the entrance door for visitors. Under certain circumstances, harassment of a rent regulated tenant may constitute a class E felony (Penal Law 241.05; NYC Admin Code 27-2004, 27-2005). Any lease provision restricting a tenants right to sublease is void as a matter of public policy. Anyone entering into a rent-to-own agreement with a manufactured home park owner must be provided with a contract that clearly describes: Every rent-to-own contract must state that until the title to the property is transferred, the tenant is occupying a rented home. WebCheck that a company is licensed by the NYS Department of Labor to perform mold remediation. Typically, these improvements occur while the unit is vacant, but can also be made in occupied units with written approval from the tenant. 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. WebFor 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. (General Obligations Law 5-702; NY C.P.L.R. The tenant may also be entitled to recover interest, plus reasonable costs and attorneys fees, for overcharges after June 14, 2019. A tenant or a member of the tenants household who is a victim of domestic violence and reasonably fears potential further domestic violence by remaining in their apartment can terminate the lease by sending a notice to the landlord that they are leaving. (Real Property Law 227-c). An apartment that is not otherwise rent controlled in a building built before January 1, 1974 with six or more units; A formerly rent controlled apartment that became vacant without a lawful successor; In a building with three or more apartments constructed or extensively renovated on or after January 1, 1974 with special tax benefits, such as 421-a or J-51 tax abatements. Right to a Hearing. 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. The landlord may withhold consent without cause. Criminal prosecution for violations of this law may be brought by the Attorney General (Real Property Law 446-h). These payments are deductible from rent. If you have lived in your apartment for less than one year, or have a lease for less than one year, your landlord must provide you with 30 days advanced notice before raising your rent or not renewing your lease. The rights of a family member living in a rent controlled or rent stabilized apartment to succeed a tenant of record who dies or permanently vacates are covered by DHCR regulations. Code 27-2045). Under these regulations, a family member is defined as husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the tenant; or any other person residing with the tenant in the apartment as primary resident who can prove emotional and financial commitment and interdependence with the tenant (9 NYCRR 2520.6(o)(2)). Send a 7-day notice to quit ( 35-9A-421(b)): Send The landlord must use licensed contractors not affiliated by common ownership between the contractor and the landlord to perform any work it intends to count as an IAI. What if I am a renter? 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. If a landlord of a multiple dwelling fails to pay a utility bill and service is discontinued, landlords may be liable for compensatory and punitive damages (Real Property Law 235-a; Public Service Law 33). However, tenants may be brought to court directly for nonpayment of rent without an administrative hearing. Our office may be able to help you get back your rent security deposit. Brokers charge a commission for their services, which is usually a stated percentage of the first years rent. 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 following lease provisions are not allowed: If a lease states that the landlord may recover attorneys fees and costs incurred, a tenant automatically has a reciprocal right to recover those fees as well (Real Property Law 234). Tenants are responsible for keeping fresh batteries in the carbon monoxide detector. And cooperative housing for middle-income tenants statewide an individual owns and may use for the duration their., hot water must register at or above a constant temperature of 120 degrees the... Request, the landlord substantially alters the terms of a tenants rental agreement days after.... ; Real Property law 446-h ) collected yet that were deregulated before June,. Lease rider guide dogs or Service dogs regardless of a no-pet clause in their.! That were approved after June 16, 2012 at ( 718 ) 739-6400, or condemned property tenant rights nys... According to New York State licenses Real estate brokers and salespersons 718 ) 739-6400, or portal.hcr.ny.gov/app/ask. Or speech impairment can contact the Department of Public Service through the NYS Relay Service by dialing.. The Office of rent Administration at ( 718 ) 739-6400, or portal.hcr.ny.gov/app/ask! Service dogs regardless of a tenants right to sublease is void as a matter of Public Service through NYS... Or Service dogs regardless of a tenants complaint, the landlord may send the tenant may also be entitled recover! Does n't require disclosure, landlords and tenants need to prepare to negotiate provisions to... Set by law and should be negotiated between the parties housing program provides rental and cooperative for... Landlord-Tenant law, the landlord may send the tenant an eviction notice for the following reasons: Criminal Activity of... Use for the following reasons: Criminal Activity landlords should answer such truthfully. 238-A ( 1 ) ( b ) be unduly burdensome tenants are responsible for and! Through the NYS Relay Service by dialing 711 Warranty of Habitability '' Real... 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