How are tenants treated in New York City?

tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent (Real Property Law § 232-c). A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expi-ration of the tenancy. For example, if the landlord wants the tenant

Is it legal to break your lease in New York?

In New York, landlord tenant laws require owners to provide their tenants with a safe and habitable unit. If the landlord neglects the lease agreement and fails to act on the issue even after your notification, then it’s legal to break the lease without paying for the rent of the remaining months.

Can a landlord get rid of a bad tenant?

As a landlord, few situations are as unpleasant as dealing with an unreliable tenant. Bad tenants may consistently pay their rent late (or not at all), cause trouble with your other tenants, or repeatedly break the rules outlined in the lease. Unfortunately, once they’ve signed the lease, there’s not much you can do legally to break it.

Can a landlord evict a tenant for breaking the lease?

If a tenant breaks the rules of your lease, you have legal grounds to evict them. If they’re doing things you don’t like but aren’t clearly outlined in the lease, the eviction process can be challenging – and exhausting.

Can you break your lease due to pests?

If the pests still persist even when the issue has been reported multiple times, then you have enough reason to break your lease due to the health hazard that it poses. However, you must keep written proof that the landlord was informed and given enough time to provide a solution.

Is there rent control in New York City?

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. Rent control is still in effect in New York City and parts of Albany, Erie, Nassau, Rensselaer, Schenectady, and Westchester counties.

How does the NYC rent guidelines board work?

The lease renewal guidelines enacted by the NYC Rent Guidelines Board each year are based on a variety of factors, including the six annual reports prepared by the RGB staff, as well as testimony presented to the board at public meetings, hearings and in writing.

When does the owner of a rent stabilized building have to send a lease renewal?

The owner of a rent stabilized building is required to send you a lease renewal between 90 and 150 days before your existing lease expires. You then have 60 days to accept the lease renewal offer.

How does rent stabilization work in New York?

Any locality in New York State can enact rent stabilization if they issue “a declaration of emergency” regarding available apartments is made. Owners of rent stabilized buildings both inside and outside of New York City are required to file initial and annual building registrations with the Office of Rent Administration (ORA).

How are rent increases determined in New York City?

The New York City Rent Guidelines Board (NYCRGB) determines rent increases for lease renewals of rent stabilized apartments, lofts, hotels and single room occupancies (SROs). It does not set the rent increase for unregulated apartments or subsidized housing.

When do New York City rent guidelines change?

On Wednesday, June 17, 2020 the NYC Rent Guidelines Board adopted rent adjustments for rent stabilized apartment and loft leases commencing on or after October 1, 2020 and on or before September 30, 2021. 1-year lease: 0%; 2-year lease: 0% for the first year of the lease and 1% for the second year of the lease

Can a landlord remove an apartment from rent stabilization?

Recent rent reforms have, however, put an end to “vacancy decontrol,” which allowed landlords to remove apartments from rent stabilization once tenants moved out and the rent exceeded a certain threshold. This will protect New York City’s rent-stabilized inventory.

Who are the tenants in the Hudson Yards building?

Once complete, the building will rise 1,296 feet and will have tenants like Time Warner Inc., Wells Fargo Securities, and DNB Bank. This tower is being designed by Kohn Pedersen Fox, and will feature Edge, a 1,000-foot-high outdoor observation deck that opens March 11.

When is the Hudson Yards building going to be completed?

(There’s also a sky-high outdoor terrace near the top of the building.) The tallest of the towers that make up Related’s parcel, 30 Hudson Yards began construction in 2015, and is expected to wrap in late 2019. Once complete, the building will rise 1,296 feet and will have tenants like Time Warner Inc., Wells Fargo Securities, and DNB Bank.

Who is the landlord of the 30 Rock building?

In fact, 30 Rock’s landlord, since the mid-1990s, is Tishman Speyer. Comcast owns all of NBC Universal, but only about one-third of 30 Rock — a commercial condominium inside the 2.5-million-square-foot tower. The error was less annoying than the insufficient public adoration for 30 Rock.

When to apply for tenant protection in NYC?

60 days in advance for a tenant who has lived in the apartment for one to two years or for a tenant with a lease term of between one and two years 90 days for a tenant who has lived in the apartment for more than two years or for a tenant with a lease term of at least two years

Can a 30 year old building be redevelopment?

The Brihanmumbai Municipal Corporation, in its revised Development Control Regulations, has proposed to allow the redevelopment of buildings that are over 30 years old. We examine how this will affect the residents of such buildings and the housing supply in the city What is the need for redevelopment?

What are the building codes in New York City?

The NYC Construction Codes consist of the General Administrative Provisions, Building Code, Plumbing Code, Mechanical Code, Fuel Gas Code, and Energy Conservation Code. All other Codes, Bulletins, Code Notes, Rules, and Local Laws can be accessed at these locations: Note: Not all applicable Laws are on our website.

What are the rights of a landlord in New York?

New York Landlord Tenant Rights. In New York, lease agreements can be either written or oral. If a lease agreement exists, then according to New York law ( NY Real Property Law Sec. 220-238A ), tenants have certain rights, such as the right to a habitable dwelling, protection from illegal retaliation, and more.

How can a landlord evict a tenant in New York?

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.

Can a landlord force a tenant to move in New York?

Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant may be entitled to be restored to occupancy (RPAPL § 853; NYC Admin. Code § 26-523, § 26-521). Additional rules apply in certain situations concerning evictions.

What are the rights of residential tenants in New York?

The rights of residential tenants in New York State are protected by a variety of federal, state and local laws. In addition, areas of the State subject to rent stabilization, rent control or other rent regulation may have special rules that apply to certain dwellings.

Can a landlord lock out a tenant in New York?

New York state law prohibits lockouts, especially as a form of retaliation. It is unclear whether tenants are allowed to change the locks as it is not addressed in New York’s landlord-tenant laws. New York City has several local laws and regulations for landlords and tenants.

Who is responsible for sidewalks in New York City?

If you are a tenant, you will need permission from your landlord as part of your revocable consent application. Property owners are responsible for fixing any defects on the sidewalk within and around their property lines. For more information on sidewalk maintenance and repairs, visit nyc.gov/sidewalks.

What are the new rent laws in New York?

If you are a renter in New York State, there are significant changes in the laws affecting tenants. The “Housing Stability and Tenant Protection Act of 2019” provides important protections for renters across the State, like how much a landlord can charge for a security deposit on new leases. For families living in rent-controlled or rent-

Can a landlord enter your house in New York?

New York law does not define limits on a landlord’s right to entry. As such, landlords are technically free to enter when they wish without notice. However, most landlords and tenants create entry notification policies in the lease agreement.

What are the two types of rent regulation in New York?

The two types of rent regulation in New York State are rent control and rent stabilization. An individual tenant’s rights will depend, in part, upon which regulations apply, although some apartments may have multiple laws governing their tenancies. While tenants in rent regulated or government subsidized apartments have special rights, many rules

Where are the majority of rent stabilized apartments in NYC?

As of 2017, rent stabilized apartments comprise approximately 61% of occupied rental apartments in the Bronx, 42% in Brooklyn, 44% in Manhattan, 41% in Queens, and 17% on Staten Island. See HCR Fact Sheet #1 for further explanation of the difference between rent stabilization and rent control.

How many apartments are subsidized in New York?

Approximately 258,000 of New York City’s 2.2 million rental units are considered to subsidized, generally by a government entity. Rents in these apartments may be tied to income and may include other qualifying conditions, such as age or disability. While many programs subsidize housing, below are the most common types.

When is landlord and tenant court in New York?

All Landlord & Tenant Court courthouses are open Monday – Friday from 9:15 a.m. to 5:00 p.m. and are closed and locked from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon.

When do you get your lease in New York City?

New York City rent stabilized tenants are entitled to receive from their landlords a fully executed copy of their signed lease within 30 days of the landlord’s receipt of the lease signed by the tenant. The lease’s be-ginning and ending dates must be stated. Rent stabilized tenants must

How to contact New York City Housing Authority?

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. I have no heat or hot water in my apartment.

How does fair housing work in real life?

Here are answers to some common questions about Fair Housing, and some sample situations to illustrate how Fair Housing laws work in “real life.” Question: What is fair housing?

Do you need a lawyer to go to Housing Court?

Most landlords in Housing Court are represented by lawyers. If you do not have a lawyer, you may be at a disadvantage. Whenever you receive legal papers, you should try to see a lawyer immediately. Information telling you how to try to get a lawyer, even if you have no money to pay for one, is included in this Guide (page 20-21).

Can a landlord evict a tenant in a non rent regulated apartment?

For non-rent regulated apartments, the landlord must agree to renew the lease and a tenant may be subject to eviction at the end of the lease term. However, a lease may contain an automatic renewal clause. In such case, the landlord must give the tenant advance notice of the existence of this clause between 15 and 30 days before the tenant is

When does a landlord have to take care of a tenant?

When health codes have been broken or major repair issues arise, the rental agreement often requires the landlord to fix the rental property problem within 48 or 72 hours—or provide the tenant temporary housing if the property is uninhabitable (e.g., after a major flood or infestation).

What are the rights of an apartment tenant?

An individual tenant’s rights will depend, in part, upon which regulations apply, although some apartments may fall under more than one category. While tenants in rent regulated or government subsidized apartments have special rights, many rules and laws apply to both unregulated and regulated apartments.

What should I do if my landlord makes my apartment uninhabitable?

In most states, if the landlord fails to fix a serious problem that makes the rental unit uninhabitable—such as holes or leaks in the walls, unsafe floorboards, or no waste disposal—tenant options include: withholding the rent. repairing the problem (or hiring someone else to do so) and deducting the cost from the rent.

Can a landlord withhold rent for unsafe living conditions?

Because rules and procedures vary widely, tenants need to do a little legal research and check state and local housing laws, especially state rules on rent withholding and repair and deduct remedies, to clearly understand their rights and options when it comes to unsafe living conditions.

Is it safe to live in an apartment with a landlord?

As a tenant in an apartment building or rental home, you may not realize that your lease also guarantees you the right to expecta certain level of safety and security. You should be able to go to sleep at night not worrying that a careless landlord has left you at risk for an accident or injury.

Can a landlord be sued for unsafe living conditions?

State (and sometimes local) rules typically provide specific details on these options (if available at all). Tenants must usually meet three conditions to pursue one of these legal options: (1) The problem must be serious (such as rats in the kitchen) and imperil the tenant’s health and safety.

Can You evict a tenant in NYC with no lease?

As a New York landlord managing apartments, buildings, homes, and other properties, you may have asked yourself at some point, “How to evict a tenant in NYC with no lease?” While it’s possible to evict a tenant without a lease in the state of New York, the circumstances and legal actions involved with the process depend on many factors.

When to pay less rent in New York?

Find out when and how to pay less rent in New York when your landlord fails to fix major problems in your rental unit. New York tenants are legally entitled to rental property that meets basic structural, health, and safety standards and is in good repair.

Are there legal services for tenants in New York City?

Legal Services for Tenants HRA’s Office of Civil Justice (OCJ) provides free legal representation, advice and other legal assistance to New York City tenants facing eviction, harassment, disrepair and other housing-related issues.

Where can I find New York state planning laws?

Reprint Date: 2015 NEW YORK STATE DEPARTMENT OF STATE 99 WASHINGTON AVE ALBANY, NEW YORK 12231-0001 http://www.dos.ny.gov PREFACE This publication, part of the Department of State’s “James A. Coon Local Government Technical Series,” is designed to help municipal officials and attorneys make more efficient use of planning and zoning laws.

Are there property line and fence laws in New York?

While many New Yorkers don’t have the luxury of wondering where their property lines are and whether their yard is enclosed by a fence that complies with state law, others do come up against these issues. In fact, fences and other boundary concerns are a common cause of neighbor disputes which can become very contentious.

Can a landlord sell a tenant’s property in New York?

According to New York law, property remaining in a tenant’s home is the rightful property of the tenant. The landlord has no right to sell a tenant’s personal possessions or to discard them as abandoned property. Title and ownership remain with the evicted tenant, unless the tenant expresses her desire to abandon the property.

What does Schenectady NY do for a living?

We, as officials of the city of Schenectady are here to promote public health, safety and welfare. Educate residents and protect property owner’s investments. To promote a positive image through City Departments and community partnerships within our community and beyond.

What do you need to know about Schenectady building codes?

We are at your disposal for guidance in new construction, building repair/renovation, property maintenance, or general questions regarding the department and its obligations and duties to safety and welfare of the people of Schenectady.

Why do you need a building inspector in Schenectady NY?

Educate residents and protect property owner’s investments. To promote a positive image through City Departments and community partnerships within our community and beyond. Delivering a standard of building excellence only achieved by adhering to federal, state and our own municipal codes.

What does code enforcement do in Schenectady, NY?

Delivering a standard of building excellence only achieved by adhering to federal, state and our own municipal codes. We will enforce the law in a fair and impartial manor to ensure the highest quality of life is being achieved in all districts within.

What are your rights as a landlord in New York?

For more information about your rights and responsibilities as a landlord, see the Landlords section of Nolo.com, including the article Top 9 Landlord Legal Responsibilities in New York.

Can a landlord deposit money to a tenant in New York?

The money you provide the landlord is still technically your money. Under new laws, security deposits in New York will be limited to the equivalent of one month’s rent. The landlord 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.

How much can a landlord raise rent in New York?

Raising a tenant’s rent based on improvements to the property will be capped at 2% per year, and raising the rent on an individual unit because of renovations will now be limited and regulated in ways it hasn’t been in New York in the past.

What happens when a lease expires in New York?

Most, if not all, written leases, contain a specific lease term. It may be expressed in terms of a set period, such as one year, and can also give the specific date that the lease will expire. What happens when the lease term expires, but the tenant remains in possession? Under New York law, the tenant now becomes a month-to-month tenant.

How long do you have to rent an apartment in New York?

90 days for a tenant who has lived in the apartment for more than two years or for a tenant with a lease term of at least two years If a tenant vacates their lease early, landlords must make best efforts to re-rent that unit in order to mitigate or lessen damages that the prior tenant owes.

How long can a tenant stay after the lease expires?

You should remind your tenant that their lease is ending at least 60 days before the last day of the term. It may even be a good idea to send another reminder closer to the date to ensure that they are aware of their requirements for move-out. If the tenant somehow ends up staying past the lease term, don’t accept any rent payments from them.

Can a landlord deny a sublet in New York?

Rent Stabilization Code § 2525.6 (c). The devil is sometimes in the details. A landlord may not unreasonably deny a sublet if the tenant follows the procedures required by New York Real Property Law 226-b. Here are the details:

Can a landlord Sublett a rent stabilized apartment?

Subletting can never, for a Rent Stabilized tenant, be about making a profit on the Landlord’s real estate. The owner may charge the prime tenant the sublet allowance in effect at the start of the lease, if the lease is a renewal lease. The allowance is established by the New York City Rent Guidelines Board Order.

How to sublease an apartment in New York City?

If you would like to sublease your apartment, you must first tell your landlord that you want to do this. You must make the request in writing and send it by certified mail, return receipt requested. You must include in your written request certain information about yourself and the subtenant which is required by the sublet law.

Who is responsible for affordable housing in New York?

These laws are enforced by the New York State Division of Housing and Community Renewal (DHCR). DHCR is the State’s affordable housing agency, with a mission to build, preserve, and protect affordable housing and increase home ownership throughout New York State.

How much does it cost to rent apartment in Queens NY?

Check out 988verified apartments for rent in Queens, NYwith rents starting as low as $1,000. Some apartments for rent in Queensmight offer rent specials. Look out for the rent special icon! 1 of 24

Where to live in Queens, New York?

Downtown Jamaica is the picture of hustle and bustle in Queens, New York! With an abundance of shopping and an eclectic atmosphere, this busy retail district offers a unique lifestyle in east New York. Local charm is an understatement when it comes to this tight-knit community.

What are the rights of tenants in New York City?

In New York City, tenants have many rights relating to the safety and quality of their housing. Tenants should expect to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions. Laws protect tenants from harassment and discrimination.

Where is Parkhill city apartments in Queens NY?

ParkHill City is an apartment located in Queens County, the 11432 ZIP Code, and the Nyc Geog District #28 – Queens attendance zone. Downtown Jamaica is the picture of hustle and bustle in Queens, New York!

Can a landlord charge for rent in New York?

In New York, when an apartment is not subject rent stabilization, the landlord is free to charge any rent agreed upon by the landlord and tenant. The landlord shall not require the tenant to use an electronic payment system as the only method for rent payment.

When to evict an occupant in foreclosure in New York?

When the original owner continues to live in the property after a lender has obtained title by a Referee’s Deed in foreclosure, the new owner must take legal action to evict the occupant. In New York State, such evictions can be accomplished under New York Real Property Actions and Procedures Law § 713.

Can a landlord evict a tenant in New York?

In New York State, such evictions can be accomplished under New York Real Property Actions and Procedures Law § 713. This section provides grounds for eviction “where no landlord-tenant relationship exists.”

How does foreclosure work in New York State?

Some of our prior blog posts have dealt with the legal issues relating to foreclosure prosecutions and defenses in New York State. As discussed in these posts, foreclosures are legal actions in which a mortgage holder will legally obtain title to real property from a defaulting borrower.

What are the exemptions for New York City landlords?

You can request to have the following exemptions removed due to changes in primary residence or the death of a property owner: STAR (Basic or Enhanced), Veterans, Disabled/Senior Citizen Homeowners Exemption (DHE or SCHE), Crime Victim/Good Samaritan, Condo/Cooperative Abatement or Clergy.

Can a landlord break a lease early in New York?

Early termination. New York tenants are allowed to legally break a lease early for the following reasons: Current law does not require landlords to make a reasonable effort to re-rent a unit so tenants may be required to keep paying if they vacate the premises.

When to renew a lease in New York City?

For 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. After the notice of renewal is given, the tenant has 60 days in which to accept.

When does rent control change in New York City?

With passage of the Housing Stability and Tenant Protection Act of 2019, effective June 14, 2019, the method by which rents change in rent controlled apartments was significantly changed. In New York City, rent control operates under the Maximum Base Rent (MBR) system.

When does an apartment become rent stabilized in New York?

If that apartment is in a building built before January 1, 1974, containing six or more units at any time, it becomes rent stabilized.

Can a landlord let a tenant move in with them?

Dear Anne: You recently answered a query about current tenants letting people move in with them and the landlord’s rights in that situation. I manage a number of properties, and our policy is that any person over 18 years who comes to live with the original resident goes through the same application process as they did.

When did New York City start rent stabilization?

In New York City, apartments are under rent stabilization if they are in buildings of six or more units built between February 1, 1947, and December 31, 1973. Tenants in buildings built before February 1, 1947, who moved in after June 30, 1971, are also covered by rent stabilization.

Can a landlord deregulate an empty apartment in NYC?

Under High-Rent Vacancy Deregulation, a landlord could deregulate a vacant apartment if a potential tenant moved into an empty unit, and the legal rent rose above $2,774.76. Deregulation would apply if the new tenant’s rent were below the threshold, as long as the legal rent was above.

Can a landlord change the locks on a victim of domestic violence?

Changing Locks for Victims of Domestic Violence: While a landlord cannot randomly change the locks on a tenant’s unit, the landlord can change the locks at the request of a tenant who has been the victim of domestic violence. If a tenant feels they have been a victim of landlord harassment, the tenant has several options:

Do you have to give notice to landlord in New York?

In New York, there is no required notice the tenant must provide to the landlord regarding the landlord’s duty to repair. However, once notified, the landlord must make the repair within a reasonable time period. A reasonable time period depends on the severity of the repairs.

What do you need to know about tenant harassment in NYC?

If the Court finds that you have been harassed, it will order the landlord to stop harassing you and may fine the landlord between $2,000 and $10,000 for each harassing incident. These fines are paid to the City however, the law also allows the Court to grant a minimum of $1,000 financial compensation to tenant.