| |
| • |
Landlord
and Tenant Agreements |
| • |
Condition
of the Apartment |
| • |
Destruction
of the Apartment |
| • |
Tenants
Remedies |
| • |
Entry
by Landlord |
| • |
Landlords
Liability for Negligence |
| • |
Rent
Receipts |
| • |
Security
Deposits |
| • |
Truth-In-Heating |
| • |
Home
Energy Assistance Program (HEAP) |
| • |
Subletting/Assignment |
| • |
Tenant
Associations |
| • |
Discrimination |
| • |
Acceleration
Clause in the Lease |
| • |
Smoke
Detectors |
| • |
Eviction |
| • |
Cooperative/Condominium
Conversion |
| • |
Rights
of Senior Citizens and Disabled Persons |
| • |
Tenants
Exclusive Right to Purchase |
| • |
Inspection
of the Building |
| • |
Lease
Renewals |
| • |
Rights
of Non-Purchasing Tenants |
| • |
Mitchell-Llama
Housing |
| • |
Abandoned
Buildings |
| • |
Emergency
Relocation |
| • |
Rent
Stabilization/Rent Control |
|
| Landlord
and Tenant Agreements |
| Landlord,
Tenant, and Lease Defined |
| The relationship between
a landlord and tenant is created by a contract, express or
implied. A landlord is one whose land or property is held
by another subject to payment of rent. A tenant is one who
holds the land of the landlord, and must pay rent for the
use and occupancy of the land or property. A lease is a
contractual agreement that creates a landlord-tenant
relationship. This contract defines the relationship
between the parties, and contains provisions or clauses
for the protection of both parties, including covenants,
conditions, and conditional limitations. |
| |
| Renting
Without a Written Lease |
| • Real
Property Law § 232 |
| |
| When two parties enter
into a landlord-tenant relationship without a written
lease, this arrangement is known as a "month-to-month
tenancy." In this type of tenancy, the tenant
continues to maintain possession of the property for
successive monthly periods, beginning on a specific
calendar day. If either the landlord or the tenant gives
one calendar months notice of termination of the
arrangement on the day beginning the arrangement, the
arrangement will terminate at the beginning of the next
monthly period. If, however, notice of termination is
given to the tenant less than one calendar month before
the beginning of the next "month to month"
period, the tenant may remain in the apartment for an
additional month. For example, if a landlord terminates a
month to month tenancy on May 15, the tenant may remain on
the premises until July 1. |
| |
| Renting
With a Written Lease |
| When two parties enter
into a landlord-tenant relationship with a written lease,
the tenancy is governed by the terms of the lease. This
lease must be written in clear, plain language and divided
into captioned sections. Upon termination of the lease
period, the landlord has the option of increasing the
rental price to correlate with the market value of the
property (unless the property is subject to rent
stabilization or rent control). Furthermore, if the tenant
remains on the property upon the termination of the lease
(known as a "holdover tenant"), the landlord can
either (a) evict the tenant or (b) maintain the
relationship as a "month-to-month" tenancy. |
| |
| Delivery
of Possession |
| • Real
Property Law § 223 |
|
|
|
|
| Unless the lease
specifically states otherwise, there is an implied
condition in every lease that the landlord must give the
tenant possession of the property on the first day of the
term of the lease. If the landlord fails to do so, the
tenant has the option of rescinding the lease, recovering
all money he has paid, and seeking damages from the
landlord. |
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| Condition
of the Apartment |
| Warranty
of Habitability |
| • Real
Property Law § 235 |
| |
| In a landlord-tenant
relationship, there exists an implied
warranty of habitability, requiring that the
landlord maintain all apartments and buildings in a
condition fit for living and not dangerous to the life,
health, or safety of the tenant. The landlord will be held
liable for any violation of this warranty, even if the
landlord is not at fault, unless the violation of the
warranty is the result of the conduct of the tenant or the
tenants guest. |
| |
| If the warranty is
violated, the tenant may withhold payment of rent until
the condition is repaired or may take action to force the
landlord to make needed repairs. If the landlord takes
action against the tenant for nonpayment or eviction for
nonpayment, the tenant may defend against such action with
a claim that the warranty was violated. Furthermore, the
tenant may claim "constructive eviction," leave
the apartment, terminate the lease and withhold payment
until the violation is corrected. |
| |
| Repair |
| • Multiple
Dwelling Law § 78 |
| • Multiple
Residence Law § 174 |
| |
| Landlords with 3 or more
residential units must keep the entire building in good
repair. However, this duty does not impose strict
liability upon the landlord where it is shown that an
injury or damages arose as a result of negligence or
misconduct on the part of the tenant or his guests. |
| |
| Cleanliness |
| • Multiple
Dwelling Law § 80 |
| • Multiple
Residence Law § 174 |
| |
| Landlords with three or
more residential units must keep the residential lot and
all common areas clean and free of vermin, garbage, dirt,
and all other material dangerous to the life or health of
the tenants. |
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| Rent-Impairing
Violations |
| • Real
Property Law § 235 |
| |
| Violations of the duties
to repair, clean, or heat an apartment building give the
tenant the right to withhold rent and file a complaint
with the New York City Housing Preservation &
Development Central Complaint Bureau at (212) 824-HEAT/TTY
(212) 863-5504. If the landlord fails to make the
necessary corrections within 6 months of the report of
such violations, the landlord cannot recover any rent from
any tenant affected by the condition during that period.
If the landlord takes action to recover withheld rent or
to evict a tenant for nonpayment, the tenant must deposit
the rental amount in question with the court clerk to
avoid eviction for nonpayment. |
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| Destruction
of the Apartment |
| • Real
Property Law § 227 |
| |
| Except where there is an
express agreement in the lease to the contrary, if the
building or apartment which the tenant rents is destroyed,
and the tenant is not at fault, the tenant may vacate the
premises without being held responsible for the rent from
that time until the end of the lease. However, the
destruction of the apartment must be so substantial as to
render the apartment unfit for occupancy. Furthermore, the
landlord must refund all rental payments made in advance
for the period subsequent to the vacating of the premises. |
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| Tenant's
Remedies |
| Attorney's
Fees |
| • Real
Property Law § 234 |
| If a lease provides that
the landlord may recover attorneys fees from action
against the tenant arising out of the lease, the tenant
may recover attorneys fees as well if the tenant succeeds
in the defense or prosecution of an action or proceeding
arising out of the lease. |
| |
| Willful
Violation of the Lease by the Landlord |
| • Real
Property Law § 235 |
| If a lease explicitly
provides that the landlord perform a specific service for
the tenant, such as providing utility services, the
landlord may not intentionally or willfully fail to
provide such service. Such activity is considered a breach
of the "covenant of quiet enjoyment," and is
considered a criminal violation. |
| |
| Rent
Deduction/Lack of Oil Delivery |
| A tenant (or group of
tenants where 3 or more tenants reside) may deduct from
rental payments the cost of heating oil when a lack of
heat exists due to the landlords failure to have oil
supplied to the premises. It is required that the tenant
obtain the fuel oil from the landlords regular supplier
and that all receipts be turned over to the landlord when
a rent reduction is requested. The tenant may also recover
costs and attorneys fees accrued as a result of an
eviction action brought by the landlord resulting from the
tenants activities under this section. |
| |
| Rent
Deduction/Non-Payment of Bills |
| If the landlord is
responsible for providing and paying for utility services
and fails to do so, the tenant may pay the bill(s) and
subtract the amount paid from the rent. |
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| Entry
by Landlord |
| The landlord may only
enter the apartment during reasonable daytime hours unless
the tenant requests otherwise. However, the landlord has
the right of immediate entry in the event of an emergency
involving a risk of loss of life, serious bodily harm, or
substantial damage to property. |
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| Landlord's
Liability for Negligence |
| • General
Obligations Law § 5-321 |
| |
| The landlord is
responsible for all damage to persons or property
resulting from the negligence of the landlord, the
landlords agents, or the landlords employees during the
course of operation or maintenance of the building. |
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| Rent
Receipts |
| The landlord is required
to give a written receipt to all tenants upon payment of
rent when paid by any means other than by check. The
receipt must contain the date, the amount paid, the
identity of the premises, the period for which the money
paid is to be applied, and the signature and title of the
person receiving the rent. If a tenant requests a receipt
in writing for rent paid by personal check, the landlord
must give the tenant a receipt containing the same
information. |
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| Security
Deposits |
| • General
Obligations Law § 7-103 |
| |
| A tenant may be required
by the landlord to pay a security deposit at the beginning
of the lease to insure the landlord against potential
damages and unpaid rent. The landlord may request up to
one months rent to be held in security during the term of
the lease. If the apartment is in a building with six or
more units, the landlord is required by law to place the
security deposit in a separate interest bearing bank
account in New York State and notify the tenant concerning
the bank in which it is being held. |
| |
| If the security deposit
is put into an interest-bearing account, the landlord may
keep 1% of the amount deposited per year for
administrative expenses, the remaining interest to be paid
annually to the tenant or left to accumulate at the
tenants option. If, at the end of the lease, the tenant
does not owe any rent, and the apartment is in good
condition except for normal or usual "wear and
tear", the landlord must return the security deposit
with interest within a reasonable time. If the security
deposit is withheld without reason, the tenant may sue in
Small Claims Court for return of the disputed amount. (See
this Manuals chapter entitled Small
Claims Court) |
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| Truth-In-Heating |
| The law requires that,
prior to the signing of a purchase agreement, upon request
from the potential buyer, the owner must provide up to two
past years of heating and/or cooling bills and information
regarding past insulation installments. This law extends
to the landlord-tenant relationship as well. The landlord
may not, however, disclose the identity of the present
tenant. The burden is on the owner or the landlord to make
all reasonable efforts to obtain and disclose all
requested information. |
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| Home
Energy Assistance Program (HEAP) |
| The local department of
Social Services offers "HEAP" grants annually to
assist low-income tenants with their heating costs. These
grants may be sent to the heat provider and applied to the
tenants account, or may be sent to the tenant directly.
Applications for HEAP grants are taken in the winter and
are advertised in local newspapers. Anyone over 62 years
of age or disabled may apply by mail. Complaints about
denials of applications should be directed to the State
Office of Children and Family Services. |
| |
New York State Office of
Children and Family Service
52 Washington Street
Rensselaer, New York 12144-2796
1-518-473-7793
Fax: 1-518-486-7550 |
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|
|
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| Subletting/Assignment |
| In a building with 4 or
more residential units, the tenant may sublet the
apartment to another party for the remainder of the lease.
The tenant must provide a written notice by certified mail
to the landlord that includes the name and address of the
proposed sublessee and the term of the sublease. If the
landlord refuses to grant permission to sublet the
apartment and does not provide a reasonable basis for the
denial, this denial is ineffective. A tenant who sublets
his or her apartment is still responsible to the landlord
for all the rent which is due under the lease and for any
damage caused by the sublessee and the sublessees guests. |
| |
| A tenant may not assign
his or her lease without the landlords written permission.
The assignment of a lease transfers all of the rights of
the original tenant to another person and leaves no
contractual relationship between the landlord and the
original tenant. Landlords may withhold permission to
assign and need not give any reason. However, the tenant
may cancel his or her lease if permission to assign it has
been denied without a valid reason. |
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| Tenant
Associations |
| Tenants have the right
to organize and participate in the activities of any group
or association of tenants. Tenant groups have the legal
right to meet in common areas of the building at
reasonable hours as long as these meetings do not
interfere with the right of others to enter, leave, or
move about the building. |
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| Discrimination |
| With the few exceptions
listed below, it is illegal for a landlord to refuse to
rent an apartment, flat, room or other housing
accommodation to a tenant because of the tenants age, sex,
religion, disability, marital status or because the tenant
has children. Without exception, it is illegal to refuse
to rent any type of housing accommodation the basis of
someones race, color or national origin. It is also
unlawful to change the terms or conditions of the tenancy
solely because one of the characteristics listed above is
present. |
| |
| It is not illegal to
refuse to rent to someone under the age of 18 due to the
fact that minors are too young to be held liable for a
contract or lease. It is important to note that in a
situation where a landlord is renting half of a two family
house in which he or she lives, the landlord may refuse to
rent for any reason. |
| |
| Landlords may restrict
the rental of all rooms in a building to persons of the
same sex. Landlords may also restrict residency to persons
age 55 or older. Where this occurs, and the building is
subsidized, insured or guaranteed by the federal
government as a senior citizen housing complex, the
landlord may also refuse to allow children to live there. |
| |
| A legally blind,
severely handicapped or mute person may not be denied
occupancy or evicted from public housing because he or she
owns a dog or cat, unless a public health hazard develops. |
| |
| Landlords may not
restrict occupancy to the tenants immediate family. As
long as one tenant who has signed the lease lives in the
apartment and the total number of persons living in the
apartment does not exceed the number specified within the
lease and within local zoning codes, anyone can live in a
rented apartment. |
| |
| Complaints involving
housing discrimination should be directed to the New York
State Division of Human Rights. A court may not choose to
force the landlord to rent to the tenant, but it may award
damages based on the value of the lost apartment. Tenants
whose landlords have illegally denied occupancy because of
the presence of children may seek damages, a court order
and attorneys fees. |
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| Acceleration
Clause in the Lease |
| A common lease clause
states, in effect, that if the tenant does not pay the
rent on time, the landlord can demand all of the rent that
would have been due to the end of the term of the lease.
In such a case, an eviction for non-payment would not
extinguish the landlords claim for rent for the balance of
the term. Two possible defenses against this claim are
unconscionability, and the fact that the landlord was not
financially damaged by the tenants action. The tenant will
need to seek legal advice. |
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| Smoke
Detectors |
| All apartment units in
buildings with three units or more must be installed with
smoke detectors. |
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| Eviction |
| In
General |
| A tenant who fails to
pay rent or otherwise violates the lease may be evicted,
but only after the landlord obtains a court order. The
process of eviction begins with service on the tenant of a
Petition and Notice of Petition (or order to show cause).
Failure to respond to the Petition or appear in court will
result in automatic eviction. |
| |
| The
Petition |
| Service of the Petition
and Notice of Petition must be made either personally on
the tenant or delivered to a person of competent age and
discretion who resides with the tenant. If neither of
these options is available to the landlord, the Petition
and Notice of Petition may be attached to the door of the
apartment. However, if the Petition and Notice of Petition
are not served directly on the tenant, those documents
must also be mailed both by first class and by registered
or certified mail to the defendant. |
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| The
Answer |
| The Petition may request
that the tenant answer the allegations of the Petition in
writing. If not, the tenant may answer personally in court
on the date specified in the Petition. |
| |
| Defenses |
| There are several
possible defenses that a tenant may raise to specific
allegations by the landlord that will avail the tenant of
protection from eviction or payment of damages. |
| |
| Holdover
Tenants |
| Once the lease period
has expired, if the tenant fails or refuses to vacate the
premises, the landlord may bring an action for eviction.
If the tenant is a "month-to-month" tenant, the
landlord must give one calendar months written notice to
the tenant, or a Notice to Vacate. The Notice to Vacate
informs the tenant of the date of termination of the
tenancy. It also informs the tenant that if (s)he fails to
vacate on that date, the landlord may begin eviction
proceedings. The tenant may defend against this eviction
proceeding by showing that the landlord accepted rent
after the termination date of the lease. In this
situation, the "month-to-month" tenancy is
reestablished, and the landlord may not evict the tenant. |
| |
| The
Warrant of Eviction |
| If the tenant does not
respond to the Petition, or the court finds in favor of
the landlord, the tenant will be served with a warrant
signed by the judge, giving the tenant 3 days to vacate
the premises. If the tenant fails or refuses to vacate the
premises, the sheriff may remove the tenants property and
lock him or her out of the apartment. |
| |
| Forcible
Entry |
| If the tenant is
unlawfully evicted or kept out of the apartment "by
force," the tenant may sue the landlord for treble
damages. |
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| Cooperative/Condominium
Conversion |
| In
General |
| Provisions governing
cooperative and condominium conversion are enacted by
municipalities, and thus are not effective throughout New
York State. The law requires offering plans to be filed
with the Attorney General and protects eligible senior
citizens and eligible disabled persons. |
| |
| Offering
Plans |
| Before a rental
apartment building may be converted, the owner or sponsor
must present an offering plan to each tenant and the
Attorney General. The offering plan must disclose fully a
complete description of the real estate interests. No
sales or advertising may take place until the plan has
been filed with the Attorney General. |
| |
| Acceptance of the
preliminary plan by the Attorney General indicates that
the owner or sponsor has complied with the applicable
laws. The Attorney General must either accept or reject
the plan between 4 and 6 months from the date of
submission of the plan. If the tenant believes that
important facts have been omitted from the plan, the
tenant should notify the Attorney General, at which point
the Attorney General may require further investigation. |
| |
| The owner or sponsor can
choose to convert the building under an eviction plan or a
non-eviction plan. The sponsor may change an eviction plan
to a non-eviction plan by amendment to the original plan
if the sponsor is unable to obtain the requisite number of
purchasing tenants to maintain the eviction plan. In this
event, the purchasing tenant has the option to rescind the
lease within 30 days of the amendment. The sponsor may
not, however, change a non-eviction plan to an eviction
plan. |
| |
| Eviction
Plans |
| In an eviction plan, the
purchaser of his or her apartment may evict a
non-purchasing tenant after a certain time period. For the
plan to become effective, 51% of the tenants occupying all
apartments on the date the accepted plan is presented must
agree in writing to purchase within 6 months. Every 30
days, the sponsor must post and submit to the Attorney
General a list of the percentage of tenants who have
signed agreements. Once an eviction plan is declared
effective, a non-purchasing tenant may not be evicted for
failure to purchase his apartment until the latter of (a)
the expiration of his lease or (b) 3 years after the
effective date of the offering plan. The owner may begin
eviction proceedings after the expiration of these
periods, and must give the non-purchasing tenant 90-days
notice. If the apartment is under rent control, the owner
may only evict if he seeks in good faith to recover it for
his familys use or occupancy. |
| |
| Non-Eviction
Plans |
| Under a non-eviction
plan, non-purchasing tenants may not be evicted for
failure to buy their apartments. They continue to be
rental tenants, but their apartments may be sold, at which
time the tenant must pay rent to the purchaser. |
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| Rights
of Senior Citizens and Disabled Persons |
| Those who exceed 62
years of age and those who are disabled may choose not to
purchase their apartments and are protected from eviction
regardless of their income level or length of residency in
the building. However, should senior citizens or disabled
persons choose to purchase their apartments, even after
they have exempted themselves, they can purchase at the
price offered to other tenants in the building at the time
that they decide to buy. |
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| Tenant's
Exclusive Right to Purchase |
| Once an offering plan
has been accepted and filed, the tenant has the exclusive
right to purchase the apartment for 90 days. After that
period, tenants have an additional 6 months to match the
sales terms offered to outside buyers. If there is a
substantial amendment to the plan, the 90-day exclusive
right to purchase must be extended for an additional 30
days. |
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|
|
| Inspection
of the Building |
| Tenants must be informed
that they may physically inspect the building, during
normal business hours and upon written request to the
owner, after the initial plan is submitted to the Attorney
General. |
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| Lease
Renewals |
| While the initial plan
is pending, the landlord may not refuse to renew the
tenants lease. However, the landlord may insert a
"90-day cancellation clause" in the new lease
after an Eviction Plan is accepted for filing by the
Attorney General and presented to the Tenants in
Occupancy. Once the plan is declared effective, the
landlord may cancel the lease of a non-purchasing tenant
upon 90 days written notice. The tenant must comply with
all terms in the new lease; if the landlord later cancels
the lease, the tenant may recover all additional costs. |
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| Rights
of Non-Purchasing Tenants |
| Non-purchasing tenants
have the right to all services and facilities required by
law ona non-discriminatory basis. Furthermore, no person
may interfere with, interrupt, or discontinue any
essential service that substantially disrupts the comfort
or peace and quiet of any tenant in his or her use or
occupancy of an apartment. |
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| Mitchell-Llama
Housing |
| Mitchell-Llama housing
is a state-administered program that subsidizes
development of low-and moderate- income housing throughout
New York State. Individuals and families who are unable to
afford private housing and are above income eligibility
for public housing are eligible. To be eligible, a family
with two or fewer dependents cannot have an aggregate
annual income in excess of seven times the annual housing
rent of the project, while a family with three or more
dependents has an income ceiling of 8 times the annual
housing rent. Since all of these projects are privately
owned, interested persons or families should apply
directly to the individual rental offices in their area. |
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| Abandoned
Buildings |
| The Department of
Buildings is responsible for the enforcement of complaints
about abandoned or vacant buildings that are structurally
hazardous or not properly boarded up or sealed against
intruders. Complaints must be filed with the Department,
and the Department must locate the owner and serve notice
that if the building is not sealed within 10 days, the
Department will take him to court to seek an order that
the building be sealed. To file a compliant please
dial 3-1-1 or contact the Department of Buildings
Executive Office. To obtain contact information of
your local Department of Buildings office please visit http://www.nyc.gov/html/dob/home.html. |
| |
NYC Department of
Buildings
280 Broadway, New York, NY 10007-1801
Telephone: 1-212-566-4769
TTY: 1-212-566-4769 |
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| Emergency
Relocation |
| When a tenant is in need
of housing after a fire or other emergency in the
building, the Department of Housing Preservation and
Development issues a vacate order, sends personnel to the
site and attempts to assist the occupants. The Department
helps to find apartments for tenants who do not have one,
runs bonus programs to encourage such tenants to find
their own housing, and provides temporary shelter to
tenants. The vacate order requires the owner to correct
the problem within 10 days, and the owner may be subject
to civil penalties of up to $5,000 for each unit if the
correction is not made in that time. Furthermore, the
owner may be required to make reasonable efforts to notify
tenants of the right to reoccupy the building. |
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| Rent
Stabilization/Rent Control |
| The Office of Rent
Administration is responsible for regulating rents in
approximately 1.2 million privately owned rental units
statewide under four laws: the Emergency Housing Rent
Control Law, the Local Emergency Tenant Control Act, the
Rent Stabilization Law, and the Emergency Tenants
Protection Act (ETPA). These four laws are the foundation
of the rent regulation systems commonly known as rent
control and rent stabilization. Rent Regulated Tenants may
file complaints regarding individual apartment or
building-wide services, rental amounts, lease renewals and
harassment with the New York State Division of Housing and
Community Renewal (DHCR). Information sheets about Tenants
rights under Rent Stabilization and Rent Control in
addition to complaint forms may be obtained at District or
Borough Rent Offices listed below, or may be downloaded
from the DHCR website a www.dhcr.state.ny.us.
Rent control is in effect in New York City and various
cities, towns and villages in Albany, Erie, Nassau,
Rensselaer, Schenectady and Westchester counties, while
rent stabilization exists in New York City and in various
municipalities in Nassau, Rockland and Westchester
counties. |
| |
Bronx Borough Rent
Office
One Fordham Plaza, 2nd Floor
Bronx, NY 10458
1-718-563-5678 |
| |
Brooklyn Borough Rent
Office
55 Hanson Place, 7th Floor
Brooklyn, NY 11217
1-718-722-4778 |
| |
Buffalo Rent Office
Statler Towers
107 Delaware Avenue, Suite 600
Buffalo, NY 14202
1-716-842-2244 |
| |
Central Office for Rent
Administration
Queens Rent Office
92-31 Union Hall Street, 4th Floor
Jamaica, NY 11433
1-718-739-6400 |
| |
Harassment Unit:
Gertz Plaza
92-31 Union Hall Street
Jamaica, NY 11433
1-718-480-6239 |
| |
Lower Manhattan Borough
Rent Office: (South Side of 110th St. and below)
25 Beaver Street, 5th Floor
New York, NY 10004
1-212-480-6238 and 1-212-480-6239 |
| |
Upper Manhattan Borough
Rent Office: (North Side of 110th St. and above)
Adam Clayton Powell, Jr. Office Bldg
163 West 125th St, 5th Floor,
NY, NY 10027
1-212-961-8930 |
| |
Nassau County Rent
Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
1-516-481-9494 |
| |
Rockland County Rent
Office
94-96 North Main Street
Spring Valley, NY 10977
1-845-425-6575 |
| |
Staten Island Borough
Rent Office
60 Bay Street, 7th Floor
Staten Island, NY 10301
1-718-816-0278 |
| |
Westchester County Rent
Office
55 Church Street, 3rd Floor
White Plains, NY 10601
1-914-948-4434 |
| |
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