New York Tenant Information – Renters Rights
Your landlord comes knocking angrily at your door. You have had some rough patches with him in the past but this time he’s apparently talked to the police and gotten a “Warrant of Eviction” document which he furiously waves in your face. You barely process the piece of paper in front of you and already frustrated by your landlord’s tone, you yell at him and slam the door, ignoring what you understand to be his ploys to get you out of his building.
But as you think, you entertain the thought of what might happen if you don’t leave the apartment. Will you be arrested? Fined? Thrown out into the street? It can be difficult to process what’s happening when push comes to shove regarding legal matters.
Maybe you buckle and decide to move out because you don’t want to get into trouble with the law. But should you have? Was your landlord right?
The fact is, tenants have rights. But when faced with legal action and consequences, it’s easy to give way to a lot of anxious thoughts and fail to exercise these rights. Many tenants don’t understand what rights they have and because they don’t know their rights, they can never discern when a landlord is overstepping his legal boundaries. Of course, these rights differ from state to state. If you’re a tenant in New York, this post is here to help you get informed.
“What are my rights? And how do I know if my landlord is overstepping his boundaries,” you ask. Good questions! Here are some important facts to definitely be in the know about the New York Landlord and Tenant laws.
Tenants Defending an Eviction Forms
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1) My landlord said he cut off my utilities because I complained about some needed repairs in the apartment. Can he do that?
No. It is illegal for a landlord to cut off utilities.
As part of NY state law, landlords are required to provide a safe and livable environment for their tenants. In addition to the proper security measures, the provision of utilities falls under this category of “safe” and “livable.” Unless a specific court order spells it out, know that your landlord cannot just decide to cut off your electricity, water, or heat.
Indeed, property owners in NY are absolutely required by law to provide hot water for 365 days a year at a minimum temperature of 120 degrees Fahrenheit.
Have you watched Disney’s Frozen? Do you want to build a snowman? In your home? Hopefully, your apartment doesn’t look like Elsa came for a visit, because landlords are obligated to provide heat to their tenants between October 1st and May 31st under certain specific conditions.
If your landlord cuts off your utilities or fails to provide them in the proper conditions, he is not fulfilling his duty and responsibility as a landlord.
2) My landlord keeps threatening to kick me out. Does he have legal right to do that?
No. It is illegal for a landlord to simply evict a tenant.
Are your padlocks changed? Are your clothes, books, and furniture outside in a flaming pit over which your landlord is cooking sausages? While such an occurrence would be quite the sight, your landlord can’t just kick you out and tell you that you have to leave–especially if the lease is not up. Learn why reviewing a lease before you sign is so important.
There are specific conditions under which a landlord can move a tenant out of his property: 1) If the written lease between a landlord or tenant is up, 2) If a tenant withholds rent from the landlord, or 3) If a tenant has severely violated the lease.
Even when these conditions are met, the landlord must take the tenant to court, win, and receive a court order called a “Warrant of Eviction.”
Outside of all these preconditions, a landlord’s methods to evict a tenant are illegal. A letter from either a landlord or the landlord’s lawyer is never enough to evict a tenant. If your landlord’s approach to getting you to move out is through methods previously listed such as cutting off your utilities or locking you out, understand that is illegal according to the New York Landlord Tenant Law.
3) I think I pay too much rent. Can I possibly pay less?
Yes. A tenant may withhold rent from the landlord under certain conditions.
Again, a landlord has a duty to provide his tenants with livable, safe, and sanitary environments. Of course, the idea of “livable,” “safe,” and “sanitary” conditions are not fluid or arbitrary terms. These conditions do not change according to a tenant’s preferences; just because the bathroom floor is not donned with the Apple Store’s trademark Pietra Serena sandstone doesn’t mean you can withhold rent from the landlord.
Livable, safe, and sanitary means the landlord needs to properly manage the security of the building as well as maintenance of pipelines, heating systems, and electrical wires.
While withholding rent is an actual right to exercise, it should be done only in very serious cases. If there are real repairs that need to be done within the property, the tenant needs to notify the landlord. Ask when the repairs will be done. If it’s an emergency, you need to let the landlord know it is an emergency.
In the case that the landlord is slow to respond or simply does not make the repairs, send a letter requesting the repairs. If the landlord takes no action at this point, then you might want to take your own steps to fix the issue or what you may call “Repair and Deduct.”
Repair and deduct simply means you make your own repairs with what you would normally pay for rent. So instead of paying the rent, you make your own repairs and deduct the repair amount from the usual rent. If you do decide to take this as your next step, you need to ensure that your landlord understands what you are about to do. The important thing is to give him a chance to make the repairs.
In the case that you decide to take this course of action, get some estimates before you do anything. Repairs do not mean upgrading your apartment into a nightclub or a penthouse suite!
Unless the issues within your home are severe and detrimental to your health, such as toxic sewage leaking from a pipe, try not to immediately resort to withholding rent. On a serious note, if there are electrical wires hanging out or something of the sort, you should notify your landlord immediately.
4) I asked my landlord for my security deposit and he said he spent it because he had legal right to use it to repair the building. Only thing was it was not even in my apartment. Can he do that?
Absolutely not! A security deposit is still technically a tenant’s money.
Usually, a landlord will take a security deposit in the amount of the first month’s rent. Apart from reimbursement for unpaid rent or damage to the property, the landlord does not have a right or privilege to spend the money from a tenant’s security deposit. The money you provide the landlord is still technically your money.
Currently, there is no real statutory limit as to how much a landlord takes as a security deposit. However, he must provide a receipt of the deposit which details the name and address of the banking institution where he placed it as well as the amount of the deposit.
A receipt ensures that you have knowledge that your money is safely stored away in a bank instead of the dusty shoebox under your landlord’s bed of which you can’t even be sure exists.
Understand that this deposit should be in a separate account. The landlord should not and cannot mix your deposit with his own personal money.
After a lease is up and upon vacating the premises, a tenant is entitled to get the security deposit back with interest. In New York, the window for returning a security deposit is typically 21-45 days of a tenant vacating a property. A landlord is obligated to return the security deposit regardless of whether or not the tenant specifically requests it.
5) I’ve been paying $1000 a month for the past year. My landlord is suddenly asking for an extra $500 a month. Shouldn’t he have let me know he was raising the rent?
No such luck with this one. A landlord actually does not need to provide notice of increased rent.
Current New York Landlord Tenant law does not provide a statute which demands that a landlord provides a notice of increased rent.
However, this is only true when your lease agreement is up. So if you have a one-year lease where you pay $1000 a month, he cannot raise the rent beyond $1000 until the end of the year. But once your lease is up, neither you nor the landlord have a contractual agreement either of you must abide by in terms of financial matters.
You might think this is crazy because then your landlord could charge you, as Dr. Evil says, “One million dollars!” But rest assured that in the state of NY there is something called rent control.
Rent control essentially means there is a limit to how much your landlord can increase your rent. However, some apartments are not regulated. In the case that it is not regulated, then the landlord can actually raise the rent as much as he wants. With that said, the fact that your landlord can raise your rent without notice to you remains unchanged.
In the case that your lease is not yet up but your landlord increases your rent, then something is definitely wrong and you need to make sure he’s not violating the lease. You can find out more information about raising rent here.
6) This is kind of weird, but my landlord enters my apartment from time to time. He doesn’t even knock and it really irks me! But doesn’t he technically have a right to enter because it’s his property?
Actually, no. A landlord cannot enter a tenant’s property without proper notice.
If you have no problem with your landlord randomly entering your home, there’s no need to read this section. But if you take issue with the fact that someone has access to your home at any time and comes in periodically or perhaps even too often without notice, just know that your landlord cannot do that.
Considering the landlord is the property owner, you might reluctantly think in the back of your head that he “technically” has a legal right to enter your home at any second. Not at all.
As with many of the other things a landlord can do, he can only enter your property under—the key phrase—specific conditions. If there are repairs that need to be done or he needs to show the property to potential renters, he needs to give you a reasonable notice. If his entry is outlined in the lease, he still needs to provide you with a reasonable notice.
A landlord can only enter without notice in cases of emergency. Entering your apartment outside of these circumstances means your landlord is probably bored and just there to bother you.
7) I told my landlord that I was going to have my friend move into the apartment. After a month, he’s now telling me that I can’t have a roommate because it’s illegal and that he needs to leave immediately. Is this true?
No. A tenant can most definitely house a roommate.
In the case you do decide to have a roommate, you need to inform your landlord 30 days within your roommate moving in or upon the request of your landlord. Generally, if you’re not shooting off rockets or blasting 90s rock music at 3 AM with your roommate it should be fine to have a roommate.
In fact, a tenant is permitted to move in immediate family and one additional person and dependent children into a property. Whether or not you make any of these people pay part of the rent is up to the tenant. But because there are laws to prevent overcrowding, a landlord may limit the number of people a tenant takes in. However, make sure not to get this confused with subletting.
Subletting your apartment is a different issue and will require your landlord’s permission. Otherwise, you need to be living in your apartment to share it with a roommate or family. Subletting is essentially renting out your apartment to subtenants. For most cases, your landlord cannot unreasonably deny you subletting the apartment.
You can see the legal NY code for subletting and additional information about it here. You can also read up even more on the roommate law in NY.
More Resources on New York Landlord Tenant Laws
It’s important for all New York residents to be familiar with New York State landlord laws. Even all of the above information does not exhaust the endless list of issues that may arise between a tenant and landlord.
Tenants’ rights and responsibilities within the tenant-landlord relationship are complex. There are a lot of resources to look to if you’re still not sure where you stand on an issue. Below is a list of some New York state-specific resources to use as guides. Happy hunting!
STATUTORY RIGHTS OF RESIDENTIAL TENANTS IN NEW YORK
Abbreviations used in this fact sheet:
T= residential tenant
LL= residential landlord
Statutes referred to in this fact sheet include:
Real Property Law Article 7
Real Property Actions and Proceedings Law (RPAPL) Article 7
Multiple Dwelling Law (buildings with three or more units in NYC)
Multiple Residence Law (buildings with three or more units outside NYC)
General Obligations Law
Public Service Law
RIGHT TO LIVABLE PREMISES
1. Warranty of Habitability
LL in every written or oral residential lease warrants that the premises and common areas are and will be maintained in a condition that is (a) fit for human habitation (b) fit for uses reasonably intended by the parties (c) free from conditions endangering or detrimental to life, health, or safety of occupants. T cannot waive or modify this right. T can prove damages for breach without expert testimony. Damages caused by strike are only recoverable in the amount of the LL’s saving, unless strike caused by LL.
2. Right to Repairs and Clean Premises
Multiple Dwelling Law §§ 78, 80
LL shall keep all and every part of a multiple dwelling (three or more residential units) and the lot it is on in good repair, clean and free from vermin, rodents, dirt, filth, garbage or other matter dangerous to life or health. T also liable if T or T’s guests willfully or negligently cause violation.
3. Right to Hot Water
Where hot water is supplied by LL, hot water must be supplied 24 hours a day, year around, unless LL can prove that building was erected prior to April 18, 1929 and hot water was not furnished or required at time of construction.
4. Right to Heat or Heating Equipment/Facilities
Multiple Dwelling Law § 79; Multiple Residence Law § 173
Where heat or heating equipment is supplied, such shall be sufficient to maintain, and shall maintain, indoor temperature of 68°F when outdoor is below 55°F between hours of 6am and 10pm, and indoor temperature of at least 55°F between hours of 10pm and 6am when outdoor is below 40°F, all during the months from 10-1 through 5-31.
5. Right to Stay Nonpayment Proceedings Upon Failure to Make Repairs
Real Property Actions and Proceedings Law § 755
If LL is ordered to remove violation or make repairs by government agency and court believes cited conditions either constructively evict T from portion of premises or are likely to endanger life, health, or safety, court may stay nonpayment proceeding if T deposits rent in court. Court has discretion to release deposited rent to effect necessary repairs if T shows LL not doing so.
6. Right of Department of Social Services to Withhold Rent and Tenant’s Defense in Nonpayment Proceeding
Department of Social Services has right to withhold rent allowance where violations exist which are dangerous or detrimental to life or health. T has defense in nonpayment proceeding and LL not entitled to possession or money judgment for any period during which violations existed if such violations were reported to DSS by housing department. LL has burden to prove violations corrected. DSS not prevented from issuing withheld rent upon proof violations corrected.
7. Right to Rent Abatement Where Serious Violations Exist
Multiple Dwelling Law § 302-a (in NYC); Multiple Residence Law § 305-a (outside NYC)
If a rent impairing violation (condition designated by state building code council or local codes which constitutes fire hazard or serious threat to T’s life, health or safety) remains uncorrected for six months after multiple dwelling cited for such violation, LL is not entitled to rent for any period after the six months that the violation continues. If LL brings a nonpayment proceeding, T must deposit rent in court and upon proving above, T is entitled to return of deposited rent. If T raises defense in bad faith, caused violation or refused LL access to correct violation, court may award LL up to $100 for costs and attorney’s fees.
8. Right to Smoke Detector
Multiple Dwelling Law § 68; Multiple Residence Law § 15
All multiple dwellings, whenever constructed, shall have in each unit (or in hotels and SROs, in each room for sleeping), functioning smoke detector that meets fire code requirements and that T can check for operation. Once T occupies a unit, care and maintenance of smoke detector becomes T’s responsibility, including replacement, except where detector becomes inoperable within one year after installation due to no fault of T.
RIGHT TO COMPLAIN AND ORGANIZE
Right to Be Protected Against Retaliatory Eviction
LL of residential premises (unless owner-occupied with less than four units) shall not (a) serve a notice to quit, (b) commence an eviction proceeding, or (c) substantially alter terms of tenancy (includes refusal to renew lease or offer new lease, but if T wins, LL need only offer 1-year renewal or new lease) in retaliation for (a) T’s good faith complaint to governmental authorities regarding LL’s violations of health or safety law, (b) T’s actions to secure or enforce rights under lease, rental agreement, warranty of habitability, or other state or federal laws regulating residential premises, (c) T’s participation in tenant’s organization.
Retaliatory eviction is an affirmative defense to eviction proceeding (except for nonpayment of rent) if court finds LL acted in retaliation for the specified T activities and further finds that LL would not otherwise have sought eviction. If LL sues T within six months of T’s official complaint or suit, there is rebuttable presumption that LL is retaliating and LL has burden of providing credible explanation of non- retaliatory motive. T can sue LL for damages, but no presumption applies.
Right to Form, Join, or Participate in Tenant’s Group
LL cannot interfere with the right to T to form, join, or participate in any group formed to protect rights of tenants, nor harass or punish T or withhold any right from T for exercising this right. T’s group has right to meet on premises in areas devoted to common use.
RIGHT TO POSSESSION
Right to Gain Possession at Beginning of Tenancy
Absent express provision to the contrary, LL promises to deliver possession at the beginning of tenancy. If LL does not, T has the option to rescind lease and recover money paid to LL.
Right to Quiet Enjoyment
LL or his agent cannot willfully and intentionally interfere with T’s “quiet enjoyment” (i.e., peaceful possession) of premises. Penalty: criminal violation.
Right of Illegally Locked-out Tenant to Bring Proceeding to Regain Possession
Real Property Actions and Proceedings Law §§ 713 (10), 721 (4)
A summary proceeding to recover possession of real property may be brought if LL enters premises or remains in possession by force or by unlawful means. The proceeding may be brought by the person forcibly or unlawfully put out or kept out, by approved tenant associations, and by not-for- profit corporations.
Possible Right to Triple Damages for Landlord’s Lockout
Real Property Actions and Proceedings Law § 853
If T is ejected or put out in a forcible manner or after T put out is kept out by force, T may be able to recover treble damages from LL.
Right of Monthly Tenant to Timely and Adequate Notice Terminating Tenancy
Real Property Law § 232-a (in NYC); 232-b (outside NYC)
NYC: Written notice of termination 30 days before expiration of term, to be served on T in the manner prescribed for service of a Notice of Petition commencing a summary eviction proceeding.
OUTSIDE NYC: Notice of termination one month before expiration of term. (Note: LL’s acceptance of rent for period after termination and prior to commencement of hold-over summary proceeding voids termination notice.)
Right to Avoid Eviction in Nonpayment Proceeding
Real Property Actions and Proceedings Law § 751(1)
T in a nonpayment proceeding, at any time before a warrant of eviction is issued, may stay the issuance of a warrant of eviction by depositing the rent due and the costs of the proceeding in court. (This is an absolute right.)
RIGHT TO RECEIVE SERVICES
Right to Continuation of Services Provided Under Rental Agreement
LL cannot willfully or intentionally fail to provide services required, expressed or implied, in the rental agreement (e.g., hot or cold water, heat, lights, elevator, etc.). Penalty: criminal violation.
Right to Pay Utility Company and Deduct from Rent
Real Property Law § 235-a; Public Service Law § 116
In a multiple dwelling, where LL is required to furnish utilities but is not paying bills, T can pay utility company pursuant to Public Service Law § 116. Such payments are deductible from future rent payments. LL of a multiple dwelling who is responsible for payment of gas, electric, water services and whose failure to pay causes discontinuance of such service is liable for compensatory and punitive damages.
Right to Stay Nonpayment Proceeding Upon Failure to Provide Utilities
Real Property Actions and Proceedings Law § 756
Where LL is responsible for providing utilities which are discontinued because of failure to pay, T is entitled to stay of nonpayment proceeding until LL pays the amount owing for utilities and until such utility services are restored.
Right to Contract and Pay for Heating Oil Delivery and Deduct from Rent
Multiple Dwelling Law § 302-c (in NYC); Multiple Residence Law § 305-c (outside NYC)
T in a multiple dwelling, where LL furnishes heating oil and there is lack of heat due to LL’s failure to have oil supplied, may contract and pay for oil delivery and deduct such payments from rent. T must make reasonable effort to contact LL regarding failure to supply and have usual oil supplier deliver if LL posts supplier’s name on premises or, if not, secure oil from supplier regularly engaged in such business. T’s remedy under section not exclusive and T may also pursue other remedies or claims for LL’s failure to provide heat.
RIGHTS TO TRANSFER RIGHTS OR OBLIGATIONS
Right to Assign or Sublease
In a dwelling of four or more residential units, T may not assign lease without consent of LL, who may unconditionally refuse, but then must release T from lease if so requested. T has right to sublet subject to consent of LL who cannot unreasonably refuse. If LL unreasonably refuses, T can sublet. If LL consents original T still liable to LL for lease obligations.
RIGHTS LIMITING CONTINUATION OF TENANT’S LIABILITY
Right to Surrender Premises
Absent express written agreement to contrary, T has the right to surrender possession if premises destroyed or become untenable and unfit for occupancy without any fault of T.
Right to Notice of Automatic Lease Renewal
General Obligations Law § 5-905
Lease provision that lease is automatically renewed unless T gives notice to LL of intention to vacate is not enforceable unless LL gives T written notice, served personally or by registered or certified mail at least 15 days and not more that 30 days prior to the time T must notify LL of intention to vacate.
Holdover Without Creation of a New Term
If a T whose term is longer that one month holds over, LL does not have automatic right to hold T for a new term. If LL accepts rent, absent contrary express or implied agreement, T is deemed a month-to-month tenant.
RIGHTS LIMITING LANDLORD’S ADVANTAGE
Right to Exemption of Personal Property to Secure Rent
Real Property Law § 231 (4), Civil Practice Law and Rules § 5205
A residential lease provision that pledges, as security for the payment of rent, personal property legally exempted from seizure to satisfy a money judgment (as provided by CPLR 5205), is void and unenforceable.
Rights Regarding Security Deposit
General Obligations Law §§ 7-103, 7-105
Security deposit is property of T until LL applies it for T breach of lease. LL cannot commingle deposit with personal funds. If LL deposits it in bank, he must advise T in writing of name and location of bank, which must have a place of business within the state, and if deposit is in interest-bearing account T is entitled to interest minus 1% that LL can retain for administration expenses. If building has six or more units, LL must deposit it in interest-bearing account. T cannot waive security deposit rights. Within five days of LL’s sale of building, assignment of lease, or appointment of receiver, LL must turn over deposit to successor in interest and advise T by registered or certified mail of this action and name and address of successor. Failure to comply with requirements on transfer of LL’s interest is a misdemeanor.
Right to Hold a Landlord Liable for Negligence
General Obligations Law § 5-321
LL cannot exempt himself, his agents or employees from liability for injuries to person or property caused by or resulting from negligence in the operation or maintenance of the premises. Any agreement to do so is void and unenforceable.
Right to Jury Trial of Personal Injury or Property Damage Claims
A lease provision waiving right to jury trial in any action or counterclaim for personal injury or property damage brought by LL or T is void and unenforceable.
Right to Additional Occupants (“Roommate Law”)
LL cannot restrict occupancy to T and members of T’s immediate family. Where not prohibited by federal, state, or local law, T can cohabit with family members, another occupant and that occupant’s dependent children.
Right Against Discrimination by Landlord or Agent
LL (unless one or two units and LL or LL’s family occupy) engages in unlawful discriminatory practice by refusing to rent or discriminating in rental conditions, provision of services or facilities because of, or by advertising or inquiring as to, T’s race, creed, color, national origin, sex, disability or marital status. Buildings or mobile home parks for persons older than 55 are exempt.
Right to Nondiscriminatory Rental Agreement
General Obligations Law § 5-331
Restrictions in contracts, leases, agreements affecting real property which in any way provide against the sale, gift, transfer, assignment, lease, rental, use or occupancy of real property to any person because of race, creed, color, national origin, or ancestry are void.
Right to Nondiscrimination for Tenants With Children
Real Property Law §§ 236, 237.
LL who refuses to rent any or part of any residential premises solely on ground prospective T has children is subject to criminal and civil liability and injunction. (Exceptions: federally-subsidized senior citizen housing; owner-occupied one- or two-family dwellings; trailer parks for persons 55 or over.) Any LL whose lease provides that during lease term T shall not bear children is guilty of a violation.
Right to Energy Information (“Truth-in-Heating”)
Where T will be responsible for paying own heating and/or cooling bills, effective 1-1-81, LL, upon prospective T’s request, must provide free of charge complete set or summary of such bills for preceding two years and must indicate whether premises occupied during that time. Maximum penalty for LL’s failure to provide $100. T cannot use LL’s failure to avoid any lease obligations. Prior Ts’ names can only be given with consent, and only information concerning bill amounts and fuel usage can be given by vendor; no consumer credit information can be divulged.
Right Against Enforcement of “Unconscionable” Lease Clauses
A court that finds that a lease or lease clause was unconscionable when made may refuse to enforce the lease, enforce the lease without the unconscionable clause, or limit the clause to avoid unconscionable result.
Right to Plain Language Lease
General Obligations Law § 5-702
All written leases after 11-1-78 shall be written in clear, coherent manner using common words with everyday meaning. Violations do not render agreements void or voidable, or create defenses to enforcement or breaches. Violations are punishable by fines equal to actual damages plus $50. Class action penalty shall not exceed $10,000.
Reciprocal Right to Recover Attorneys’ Fees
If residential lease provides that LL may recover attorneys’ fees and/or expenses incurred for any action or proceeding arising out of lease, T entitled to recover reasonable attorneys’ fees and/or expenses if T successfully defends or prosecutes any action arising out of lease.
Find information for other States
Nationalevictions.com is for people who are renting or seeking to rent housing. Our site is for Eviction Information Purposes only, Not Intended to replace your Attorney or any Legal Advice. The reader should always remember your legal responsibilities. After all, you may unknowingly jeopardize your rights by not fulfilling your legal rights as a Tenant or Landlord.
Many of the Chapters and Articles are interrelated. This not intended to be an all-inclusive overview, or the best advice in every situation. Please Consult a Lawyer for your Rights and Protection as to the laws of your State. This information is not meant to be a substitute for the advice of an Attorney.
