The deadbolt lock shall be installed in conformance with the manufacturers specifications and shall comply with applicable state and local codes including, but not limited to, those provisions relating to fire and life safety and accessibility for the disabled. A lease spells out the specific terms of the rental agreement. Landlords of multiple dwellings in New York City must also install a chain-door guard on the entrance door to each apartment, to permit partial opening of the door (Multiple Dwelling Law 51-a; NYC Admin. In extenuating circumstances, tenants may make necessary repairs and deduct reasonable repair costs from the rent. The right to assign the lease is much more restricted than the right to sublet. Location: In addition, For example: In this example, (3), (4), (Real Property Law (RPL) 227-f.). Protective guards must also be installed on the windows of all public hallways. Real Estate Brokers, Agents, Apartment Information Vendors, Listing Services, Division of Licensing Services P.O. Severe harassing conduct may constitute unlawful eviction and landlords may be subject to both civil and criminal penalties, in the form of a class A misdemeanor for harassment under Real Property Law 768. Multiple dwellings built or converted to such use prior to January 1, 1968 also must have self-locking doors and a two-way intercom system if requested by a majority of all the apartments. In such a case, it is the tenants responsibility to remedy the condition (Real Property Law 235-b). In New York City, tenants are further protected against discrimination with respect to lawful occupation, sexual orientation, partnership status, and immigration status. A tenant must inform the landlord of the name of any occupant within 30 days of the occupant moving into the apartment or 30 days of a landlords request for this information. The judge will take into account your health conditions, whether you have children enrolled in school, the hardship on the landlord if you remain, and any other life circumstances that could affect your ability to move. Code 27-2011). Tenants have a legal right to organize. In New York City and certain communities in Nassau, Rockland, and Westchester counties where rent stabilization or rent control laws apply, the landlord may not charge more than the legal regulated rent. Who is eligible? The selection dates indicate all change milestones for the entire volume, not just the location being viewed. A "residential lease" is an oral or written contract between a landlord and a renter, giving the renter the right to live in a house or apartment. (Real Property Law 235-e). If the court finds a lease or any lease clause to have been unconscionable at the time it was made, the court may refuse to enforce the lease or the clause in question (Real Property Law 235-c). In New York City, landlords must also comply with the New York City Childhood Lead Poisoning Prevention Act, which requires that landlords of buildings with at least 3 apartments constructed before 1960 (or between 1960 and 1978 where the landlord knows there is lead-based paint) ascertain if a child under seven years old lives in an apartment and inspect that apartment for lead-based paint hazards. This includes: refusing to continue to rent to you; failing to renew a lease after your lease has expired; or offering a new lease with an unreasonable rent increase; or. If a tenant has a mental or physical disability or is sixty or older, and that tenant has a physical or mental disability that requires the tenant to relocate because of a need for care or treatment that cannot be provided in the rental unit, the tenant can terminate the lease. Landlords of buildings with six or more apartments must put all security deposits in a New York bank account earning interest at the prevailing rate. Owners or lessors of a facility of a unit into which a senior citizen is entitled to move after terminating a lease, must advise such tenant, in the admission application form, of the tenant's rights under the law. The Multiple Dwelling Law applies to cities with a population of 325,000 or more and the Multiple Residence Law applies to cities with less than 325,000 and to all towns and villages. The rights of a family member living in a rent controlled or rent stabilized apartment to succeed a tenant of record who dies or permanently vacates are covered by DHCR regulations. Code 26408(b)(1)). A landlord can only claim up to three IAIs in a 15-year period, total costs eligible for a rent increase calculation cannot exceed $15,000. Family members seeking succession rights in these circumstances must check the applicable federal and municipal regulations and the local public housing authority rules to determine if they meet the eligibility requirements. For non-rent regulated apartments, the landlord does not have to renew the lease. A tenant or a member of the tenants household who is a victim of domestic violence and reasonably fears potential further domestic violence by remaining in their apartment can terminate the lease by sending a notice to the landlord that they are leaving. However, tenants may be brought to court directly for nonpayment of rent without an administrative hearing. Landlords are entitled to collect annual administrative expenses of 1% of the deposit. It's only implied. The amount of the commission is not set by law and should be negotiated between the parties. Landlords are required to provide reasonable accommodations for tenants with disabilities so that they may enjoy equal access to and use of housing accommodations. This program usually includes reduced attorney's fees. Justia Free Databases of US Laws, Codes & Statutes. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Landlords are required to maintain electrical, plumbing, sanitary, heating, and ventilating systems, and appliances that the landlord installed (such as refrigerators and stoves) in good and safe working order. In such case, the tenant may countersue for breach of the warranty. Tenants and subtenants in cooperatives and condominiums can raise the warranty of habitability. A lease is a contract between a landlord and a tenant that contains the terms and conditions of the rental. Within 30 days of the mailing of the tenants sublet request or within 30 days of the landlords request for additional information, whichever is later, the landlord must send the tenant a notice of consent, or if consent is denied, the reasons for denial. If the landlord does not provide this receipt within 14 days of the tenant moving out, they must return the entire security deposit, whether there is damage or not. California state law (. Code 27-2043.1). However, if the lease is renewed at a greater amount or the rent is increased during the term of the lease, the landlord is permitted to collect additional money from the tenant to bring the security deposit up to the new monthly rent. Code 27-2031). It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. Brokers charge a commission for their services, which is usually a stated percentage of the first years rent. If the landlord consents to the sublet, the tenant remains liable to the landlord for the obligations of the lease, including all future rent. Prove they will remain on active duty for at least the next 90 days. These lawyers help persons over 60 on a low or fixed income by providing the initial 30-minute consultation free of charge. These restrictions do not apply to housing units for senior citizens that are subsidized or insured by the federal government. Harassment may take the form of physical or verbal abuse, willful denial of services, disruptive construction or renovation projects that interfere with health, safety, and use of an apartment, or multiple instances of frivolous litigation. The most your landlord can charge as a late fee is $50 or 5% of your monthly rent, whichever is less (Real Property Law 238-a). Late charges cannot be compounded and are not considered to be additional rent. If a park owner wants their current residents to leave because they are changing the manufactured home park to another use, the park owner cannot begin eviction proceedings until two years after they provide notice that they intend to change the use of the park. If the overcharge is willful, the landlord is liable for a penalty of three times the amount of the overcharge. A complaint may only be filed with DHCR not less than 10 days and not more than 60 days from the date the tenant sent a notice to the landlord. Law 378). Landlords may not refuse to rent to, renew the lease of, or otherwise discriminate against, any person or group of persons because of race, creed, color, national origin, sex, disability, age, AIDS or HIV status, alcoholism, marital status or familial status. New York City landlords must post an HPD-approved form in a common area informing occupants of the requirements of New York Citys carbon monoxide laws. A tenant with a disability who thinks a landlord has unreasonably refused a reasonable accommodation request should contact the U.S. Department of Housing and Urban Development (HUD). The Mitchell-Lama housing program provides rental and cooperative housing for middle-income tenants statewide. So you may not have to pay much, if any additional rent, if you break your lease. If the tenant accepts the renewal offer, the landlord has 30 days to return the fully executed lease to the tenant. Read Section 227-A - Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering certain health care facilities, adult care facilities or housing projects, N.Y. Real Prop. The landlord may withhold consent without cause. In multiple dwellings in New York City and Westchester County, a no-pet lease clause is deemed waived where a tenant openly and notoriously keeps a pet for at least three months and the owner of the building or the owners agent had knowledge of this fact. If a landlord of a multiple dwelling fails to pay a utility bill and service is discontinued, landlords may be liable for compensatory and punitive damages (Real Property Law 235-a; Public Service Law 33). reasonable. Anyone entering into a rent-to-own agreement with a manufactured home park owner must be provided with a contract that clearly describes: Every rent-to-own contract must state that until the title to the property is transferred, the tenant is occupying a rented home. Check lawhelp.org. 1. This is usually equivalent to the rent of 2 months. Last Updated: These copies must be provided free upon written request (Energy Law 17-103). Smoke detectors should be clearly audible in each of those rooms. To break a lease in accordance with the relief act, a tenant must: With that said, the lease does not terminate immediately. Breaking a lease for any of the above reasons without court approval or in any conditions not previously outlined can have tangible consequences for tenants. Alternatively, rent regulated tenants can also file a rent reduction complaint with DHCR. In such cases, the landlord must give the tenant advanced notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. In any lease or contract for a senior citizen who has attained the age of sixty-two or older to reside in those facilities set forth in subdivision one of section two hundred twenty-seven-a of this article except for residential health care facility (as defined in section twenty-eight hundred one of the public health law . Under state law (Mich. Comp. 1. An oral lease for more than one year cannot be legally enforced (General Obligations Law 5-701). If you have questions about any of the material covered in this guide, or you need our assistance with a tenant matter, please do not hesitate to contact my office at (800) 771-7755 or visit my website at ag.ny.gov. Tenants must be given the option of having this interest paid to them annually, applied to rent, or paid at the end of the lease term. A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession; and only a sheriff, marshal, or constable can carry out a court ordered warrant to evict a tenant. Any request for additional information may not be unduly burdensome. Tenants are required to notify their landlord when they have children of this age living in their apartment, or if they provide child care services in the apartment. Here are the differences between the two. Code 1951.2), landlords must make a reasonable attempt to re-rent the dwelling and, if they are successful in re-renting, credit rent received from the new tenant to your debt. At a minimum, leases should identify the premises, specify the names and addresses of the parties, the amount and due dates of the rent, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties. Though such a request is not required to be in writing, it is often helpful should any dispute arise. According to state and federal law, you can definitely terminate your lease if: You are entering active military duty Your landlord has refused to make a major repair and your rental has become uninhabitable You're the victim of domestic violence, stalking, or sexual assault Your landlord has violated your privacy or harassed you In New York City, apartments are generally under rent stabilization if they are: Outside New York City, rent stabilized apartments are generally found in buildings with six or more apartments that were built before January 1, 1974. This law will apply if the senior citizen is relocating to: An adult care facility; A residential health care facility; Subsidized low income housing; Senior citizen housing; or A residence of a family member. A: It depends. Landlords must provide all tenants of multiple dwellings with both hot and cold water. What Is Ohio's Landlord Tenant Act? increasing citizen access. Key Money: It is illegal to charge a prospective tenant additional fees commonly called key money above the lawful rent and security deposit, for preference in renting a vacant apartment. The property must also be vacated and possession returned to the landlord at least five days before the 40th day. In exchange, landlords require such tenants to pay a penalty fee. If the landlord denies the sublet on reasonable grounds, the tenant cannot sublet, and the landlord is not required to release the tenant from the lease. For example, a landlord cannot deny an applicant an apartment because they sued their previous landlord to make repairs. Federal law also mandates that landlords give a pamphlet to their tenants about how to protect themselves from possible lead exposure in their homes. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services. In performing any work that disturbs lead-based paint in applicable apartments and common areas, a landlord must hire workers who have completed a training course in lead-safe work practices.