Learn more about the new tenant protection laws from the NYC Mayor's Office to Protect Tenants. Owners with illegally converted basements and cellars may face civil and criminal penalties. Learn about Tenant Resourcesas the coronavirus crisis continues to evolve. Examples of harassment include verbal or physical abuse, consistent withholding of services, or persistent physical or mental intimidation. If you live in public or subsidized housing, increases in the amount of rent you pay are subject to the regulations for that housing and are usually related to your family's income. A subtenant, roommate or relative who has lived in the apartment for at least thirty days (even if the person is not on the lease and has not made any direct payments to the landlord). Furthermore, tenants may not be denied housing because children may or will be residing with them. If the property owner, managing agent or superintendent does not respond, write a letter that describes the problems in your apartment and asks for the repairs to be made by a certain date. In New York City, tenants have many rights relating to the safety and quality of their housing. If the landlord fails to do so they forfeit any right to the deposit. What can I do? Tenants should expect to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions. Note: The content on this web site is intended for informational purposes only and is not intended to be legal advice or opinion. The City is subject to laws governing procurement, contracting, and wages that may make such work significantly more expensive than the price the owner could obtain themselves. The rules set out by IPMC are more specific that many other regulations: All bedrooms with one person should have at least 70 square feet. If a tenant keeps a pet in the apartment without the building owner's permission, it may be considered a serious violation of the lease and may be a basis for terminating tenancy. Tenant occupied apartments in private dwellings are also required to be painted as necessary. These laws are enforced by the New York State Division of Housing and Community Renewal (DHCR). If the property owner fails to pay, the City will file a tax lien against the property. Your landlord may restrict the total number of occupants in your apartment to comply with local occupancy laws aimed at preventing overcrowding. Any tenants (rent regulated or not rent regulated) who live in buildings with three or more units who believe they are being harassed may have grounds to initiate legal action in Housing Court against their building owners. The ABCs of Housing is also available in the following languages: Click a topic, or press the enter key on a topic, to reveal its answer. LAUNDRY ROOM The laundry room … (NYC Administrative Code §27-2013). Mail addressed to you or documents issued to you at your apartment (letters, voter registration card, driver's license, etc.). To provide necessary or agreed upon repairs or services, or, To show the apartment to prospective tenants or purchasers; and, A resident of a rent stabilized hotel room who has made a request for a lease; and. Am I supposed to get my security deposit back? If your New York lease includes any language requiring notification or screening of new occupants, the Roommate Law makes it clear that such clauses are invalid. Rent control. Illegal Actions. For more information, please refer to DOB’s website at nyc.gov/buildings. Condominiums can't prohibit short-term rentals, but they typically have rules limiting them (however, older buildings may have no … The room you are renting must be "habitable" or fit to live in and comply with health and building codes. Co op rules and regulations in NYC can be extremely onerous for residents. DHCR can also answer any questions about whether the amount of the increase is too high. Cellars in one and two-family homes can NEVER be lawfully rented or occupied for residential use. If you're renting an apartment in New York State, you can generally take on roommates without having to add them to the lease or even get your landlord's approval. Generally speaking, any rental income, whether to a roommate with no lease, a tenant or a lodger with a rental agreement, or as a short-term rental property through Airbnb or a similar service, should be … Owners must register the property annually with HPD, if the building is rent-stabilized the owner must registered rents annually with the New York State Homes and Community Renewal and the owner must be in compliance with the New York City Housing Maintenance Code and New York State Multiple Dwelling Law. Yes, at the end of your tenancy, you are entitled to get your security deposit back with interest. For details, see New York Termination for Nonpayment of Rent and Other Rent Rules. What are the responsibilities of my landlord? Tenants with maintenance complaints about apartments in New York City Housing Authority (NYCHA) buildings should call the NYCHA Customer Contact Center at 718-707-7771. Heat is required between October 1st and May 31st, a period designated as "Heat Season." Changes to New York State rent laws, recently passed by lawmakers in Albany, make it harder for landlords to evict any tenant. Let him or her know that if the repairs are not completed, you will have to file a complaint. Among other responsibilities, owners must provide and maintain security measures, heat, hot and cold water, and good lighting. Contrary to what many may think, New York laws about short term rentals are pretty clear, thanks to a new law went into affect in 2011. In New York State, fair housing laws cover most housing, with three main exceptions: One or two family owner-occupied buildings; Room rentals in housing for individuals of the same sex; and; Room rentals in owner-occupied housing. Since owners of co-op apartments are technically tenants vs owners of real property, the board of the co-op corporation which actually owns the building has enormous power over the residents. If you did not cause damage to the apartment, except for normal wear, the landlord should return the full amount of your deposit with interest. Keep a record of all of your attempts to get the landlord to make repairs, as this will be useful in court. Tenants are also responsible to respond to owners on legally required notices, including the notice regarding lead-based paint and window guards. Can my landlord enter my apartment at any time? Learn about Tenant Resources as the coronavirus crisis continues to evolve. This booklet is designed to help owners and tenants gain an understanding of the rules and regulations affecting housing, and to provide information about how to receive assistance. While rent control and rent stabilization both involve rent regulation, they have different sets of regulations. For more information on pet regulations, call 311. An apartment not subject to these regulations is considered “unregulated.”. If you need to get specific and cite the New York State Real Property Law (RPL), here are the legalistic details: The Roommate Law requires you to let your landlord know about a new roommate in your apartment either within 30 days of move-in or within 30 days of a request by the landlord for a list of all occupants. Building owners are required to provide tenants with heat during these months under the following conditions: These is peeling paint in my apartment and I have a child under 6. Tenants may want to consult with and secure the services of an attorney before initiating any lawsuit. City of New York. Laws protect tenants from harassment and discrimination. Contact the property owner, managing agent or building superintendent regarding the repairs. When the outside temperature is below 55 degrees Fahrenheit between the hours of 6am and 10pm, building owners must heat apartments to at least 68 degrees Fahrenheit. The Roommate Law applies equally throughout the state. Businesses that cannot follow these guidelines must stop selling alcohol until they can. What can I do? Basements in one-and two-family homes can NEVER be lawfully rented or occupied for residential use unless the conditions have received approval by the Department of Buildings. A cellar is an enclosed space having more than one-half of its height below curb level. The landlord must also notify you in writing of your right to request an inspection of the apartment before vacating and your right to be present at the inspection. Parking in the … NYC also has additional disclosure requirements such as bedbug history. If your apartment is not regulated, DHCR does not regulate your rent. Ron Leshnower is a licensed real estate attorney and author of several books on housing. For a bedroom to be considered legal in NYC, it must satisfy the following requirements: Be a minimum of 80 square feet Have a minimum width of 8 feet in any dimension Have a minimum … Any rental of the space for a private party must pay in FULL to securely hold the desired date. If you're one of the tenants on the lease, you and the other tenants may add immediate family members and unrelated people as new occupants—as long as the total number of occupants (not counting unrelated occupants' children) doesn't exceed the number of tenants listed in the lease. Unless the pet can be considered a "service animal" used by blind, deaf or disabled people, whether pets are permitted is at the discretion of the building owner and is usually stipulated in the lease. 2019 New York Rent Laws: Legal Changes for All NYC Renters Here’s a rundown of what changed for NYC renters in the law Albany passed in June 2019: Security deposits are now limited to one month’s rent… You can then cure any condition before the end of your tenancy. Under new laws, tighter regulations … The New York Administrative Code (available under “ADC” on New York State’s website) sets out rules for rent stabilized (Section 26-501-26-520) and rent control (Section 26-401-26-415) properties. If you're the only tenant, you can add members of your immediate family plus an extra, unrelated occupant and her children. Free legal advice and counsel is available for New York City residential renters. Shared bedrooms must have at least 50 square … If you do not have address information for the property owner or managing agent, you can obtain this information on HPD’s website, as the property owner is required to file this information annually. Not only does it make for uncomfortable, cramped living and pose a health and safety hazard, but a building's systems get over-burdened, and there may be many more cars than parking spaces available. If you've signed the lease with other tenants, then at least one of those tenants or a spouse must occupy the apartment as a primary residence if you choose not to do so. If you are a tenant in a privately-owned building, there are several things you can do to get your landlord to make repairs; however, you may want to take the following steps in order to establish a record: Tenants living in an HPD-owned building who have complaints about the maintenance of their apartment should call 212-491-4229 or 311 for assistance. If you don't know the status of your apartment, you can call DHCR at 718-739-6400 or access your apartment's rental history. A basement is a story of a building partly below curb level but with at least one-half of its height above the curb level. Patrons can also be fined for breaking open container or social distancing rules. Tenant Rights to Withhold Rent in New York Tenants may withhold rent or exercise the right to “repair and deduct” if a … If tenants or occupants want window guards for any reason, even if there are no resident children 10 years of age or younger, the tenant can request the window guards in writing and the landlord must install them. Before returning your deposit the landlord may check your apartment to determine if you caused any damage. Following all existing rules, regulations, and laws. Major Capital Improvement, or M.C.I.s - When owners make improvements or installations to a regulated building, they can increase the building’s rent based on the cost of the improvements. Any documentation of previous harassment by or conflict with the landlord. Tenants have responsibilities to their building owners and other tenants - including not damaging the building, and responding to annual owner inquiries related to … Between the hours of 10pm and 6am, regardless of the outside temperature, building owners must heat apartments to at least 62 degrees. In addition, many animals cannot be kept legally as pets in the City of New York. Renters' Rights to Heat and Hot Water in NYC Apartments, New York Crime and Safety Provisions for Apartments, What Renters Should Know About Apartment Guarantors, Exceptions to NYC's Pet Law and Landlords' No-Pets Rules, Guarantors Put Their Signatures on the Line, What to Do About an Apartment Lease When Buying a Home, What You Must Pay Before You Sign a Lease, What You Will Need to Rent an Apartment and Get a Lease, Know Your Rights if You Have a Disability. Owners must ensure that buildings are safe, clean and well maintained, in both common areas and in individual apartments. For example, occupants who have visiting grandchildren, parents who share custody and occupants who provide child care may wish to request window guards. Visit Fair Housing NYC for more information. If you're renting an apartment in New York State, you can generally take on roommates without having to add them to the lease or even get your landlord's approval. Generally no. If you do not receive a response to the letter, you should try to contact the owner in person or by phone. Complaints regarding illegal cellars or basements should be directed to 311, which will forward the complaint to the New York City Department of Buildings (DOB). It’s been over two months since the new package of laws protecting tenants were made official in New York state. The new rent laws are permanent unless the legislature amends, repeals, or terminates them. Tenants have responsibilities to their building owners and other tenants - including not damaging the building, and responding to annual owner inquiries related to window guards, lead-based paint, and to maintain smoke and carbon monoxide detectors. Tenants must comply with the provisions of the law and are responsible for violations caused by willful acts, gross negligence, and abuse. This is thanks to the tenant-friendly … Tenants without heat or hot water should file a complaint by calling 311 (TTY 212-504-4115) or online at nyc.gov/311. HPD is one of many city and state agencies that enforce those responsibilities. According to the 2017 NYC Housing and Vacancy Survey, there are about 22,000 rent controlled apartments vs. about 966,000 rent … New York City has several local laws and regulations for landlords and tenants. This guide contains more information about NYC’s various housing regulations. Can a building owner discriminate against me? Violations of the New York … Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any such apartment. Rent control and rent stabilization are the two types of rent regulation in New York State. If you have a lease, the legal rent is what it states in the lease and can be raised only as permitted by the lease or at the expiration of the lease. Tenants should call 311 if required or requested window guards have not been installed, if they appear to be insecure or improperly installed, or if there is more than four and a half inches of open unguarded space in the window opening. You should send the letter to the owner and management company by certified mail and keep a copy for your records. The content of this web site may not reflect current legal developments. If the party goes over the scheduled rental time the client will be charged an additional time of $20.00 per … Occupancy isn't limited just to those tenants named in the lease. If you do not have a lease, the landlord may raise your rent to whatever amount the landlord wishes, as long as the landlord tells you a month before the rent increase. Your landlord can enter your apartment at any time and without notice in an emergency, and at a reasonable time after providing appropriate notice if the entry is either: My landlord has changed the locks on my apartment. What should I do if my building owner is harassing me? Is the landlord allowed to change my locks? However, there is an important exception: It's not illegal to rent a room in New York City if you occupy your home or apartment at the same time and all parts of the dwelling are available to the paying guest. Tenants may also call 311 to learn how to prevent lead poisoning, find out where to get their children tested, find information about pregnancy and lead, or request brochures and materials on lead poisoning prevention. Documents that will be useful include, but are not limited to: My Landlord raised my rent. Am I entitled to have my apartment painted? You also should take the documents with you whenever you leave your apartment so that you can establish to the Police Department and/or the Court that you are the lawful occupant. Back in 2011, even before Airbnb’s widespread popularity, the New York State Multiple Dwelling Law … An individual tenant’s rights will depend, in part, upon which regulations … Get daily tips and tricks for making your best home. Therefore, you may want to leave copies of whatever papers you have which establish your occupancy with a friend or relative who does not live in the apartment. Basements and cellars of multiple dwellings may not be occupied unless the conditions meet the minimum requirements for light, air, sanitation, and egress, and have been approved by the City’s Department of Buildings. If the landlord does not fix peeling paint or if work is being done in an unsafe manner (for example, creating dust that is not being contained), tenants should call 311. In New York City, the term 'short-term rental' refers to renting for any period shorter than 30 days. The new rules would mark a turning point for the 2.4 million people who live in nearly one million rent-regulated apartments in New York City after a steady erosion of protections and the loss … How can I find out if there is lead-based paint and what is my landlord supposed to do? To access these services, please call 311 and ask for the "Tenant Helpline", visit the Mayor's Office to Protect Tenants' Information and Resources for NYC Tenants Impacted by COVID-19 webpage, or fill out their Contact Us form. In addition, the new rent laws strengthened protections for New Yorkers living in rent-controlled or rent-stabilized apartments. New York’s landlord-tenant laws can be found in the Landlord and Tenant Laws and may include information about the subjects outlined in the following sections.. New York state landlord … Tenants should report peeling paint in an apartment to the landlord. What can I do? Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in the event of a fire. Also, landlords who learn about a new occupant can't insist on screening as they would with new tenants. Tenants should expect to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions. Building owners are prohibited by law from harassing tenants to force them out of their apartments. If you live in a property subject to rent stabilization or rent control, you should review these rules … Tenants who cannot afford legal representation may be eligible for free or inexpensive legal assistance. If your apartment is subject to rent control or rent stabilization, DHCR and the Rent Guidelines Board determine the amount that your landlord may increase your rent. 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