pazzaka inignatyah kaflein
Antonio Brittenham
In New York State, there are several different laws governing this relationship, which can vary depending on the county or town where you live. This booklet explains many of these laws you need to know and provides resources where you can find more information about landlord and tenant issues. 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.
Rent control limits the rent an owner may charge for an apartment and restricts the right of the owner to evict tenants. 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.
Local Rent Guidelines Boards in New York City, Nassau, Rockland, and Westchester counties set maximum rates for rent increases once a year which are effective for one or two year leases beginning on or after October 1 each year. Tenants in rent stabilized apartments are entitled to required essential services and lease renewals on the same terms and conditions as the original lease and may not be evicted except on grounds allowed by law.
The Mitchell-Lama housing program provides rental and cooperative housing for middle-income tenants statewide. Tenants must meet eligibility requirements, including income, family size, and apartment size for both state and city-sponsored Mitchell-Lama developments.
Public Housing is a federally funded program in which state-chartered authorities develop and manage public housing developments, subject to federal, state, and local laws and regulations. Tenants in public housing are entitled to an administrative grievance process administered by the local housing authority before their tenancies may be terminated for cause. However, tenants may be brought to court directly for nonpayment of rent without an administrative hearing.
The Section 8 Housing Assistance Payments program is a federal rent and mortgage subsidy program that assists eligible low-income or displaced families, senior citizens, and persons living with disabilities in obtaining housing nationwide. Families receive a rental subsidy, known as a housing assistance payment, or a mortgage subsidy toward payments to purchase a home, equal to the difference between their share of the rent, (based on their income) and the approved rent or mortgage for the unit. Eligible families and individuals are subject to statutory income limits.
A lease is a contract between a landlord and a tenant that contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree. Leases for apartments that are not rent stabilized may be oral or written. To avoid disputes, the parties may wish to enter into a written agreement. A party must sign the lease to be bound by its terms. An oral lease for more than one year cannot be legally enforced (General Obligations Law 5-701).
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. Except where the law provides otherwise, a landlord may rent on such terms and conditions as are agreed to by the parties. Any changes to the lease should be initialed by both parties.
Leases must use words with common and everyday meanings and must be clear and coherent. Sections of leases must be appropriately captioned and the print must be large enough to be read easily. (General Obligations Law 5-702; NY C.P.L.R. 4544.)
A lease may contain an automatic renewal clause. 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. (General Obligations Law 5-905).
After the notice of renewal is given, the tenant has 60 days in which to accept. If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings. If the tenant accepts the renewal offer, the landlord has 30 days to return the fully executed lease to the tenant.
Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law 232-a and 232-b).
When an apartment is not rent regulated, a landlord is free to charge any rent agreed upon by the parties. If the apartment is subject to rent regulation, the initial rent and subsequent rent increases are set by law, and may be challenged by a tenant at any time. However, recovery of rent overcharge is limited to either four or six years preceding the complaint depending on when the complaint is made.
A rent payment can only be considered late if it is received more than five days after it is due. 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).
If the landlord of a non-regulated unit intends to increase the rent by more than 5%, they must provide advanced written notice of either 30, 60, or 90 days depending on how long the tenant has been in occupancy (see section on Renewal Leases).
Tenants should check their rent history to potentially challenge both the deregulation of their apartment and the rent currently being charged. To check your rent history, call the Office of Rent Administration at 1-833-499-0343, or visit portal.hcr.ny.gov/app/ask.
Landlords are also permitted to increase rents for improvements made to individual apartments (for example, new flooring, new fixtures or other improvements). Typically, these improvements occur while the unit is vacant, but can also be made in occupied units with written approval from the tenant. To increase the rent because of an IAI, the landlord must take before and after photos, maintain permanent records of the improvement, and submit documentation to the state.
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. IAIs are temporary and must be removed from your rent after 30 years.
Tenants who are senior citizens (62 or older) or living with a disability and living in rent regulated, Low-Income Housing Tax Credit (LIHTC), Limited Dividend, Redevelopment, Housing Development Fund Corporation (HDFC), or Mitchell-Lama cooperatives and rentals, may be granted certain exemptions from rent increases. Tenants may determine whether they qualify for a Senior Citizen Rent Increase Exemption (SCRIE) or a Disability Rent Increase Exemption (DRIE) by calling the NYC Department of Finance at (212) 639-9675 or visiting the walk-in center located at 66 John Street, 3rd Floor, New York, NY 10038. For SCRIE/DRIE applications for HDFC or Mitchell-Lama apartments, contact the NYC Department of Housing Preservation and Development (HPD) at (212) 863-8494. Tenants in other parts of New York State may contact DHCR to determine their eligibility.
For rent stabilized tenants paying a rent lower than the legal regulated rent (called a preferential rent), the landlord is no longer allowed to revoke it and raise the rent to the higher legal regulated rent. This means that your landlord cannot raise your preferential rent more than the percentage set by the Rent Guidelines Board, plus any charges for MCIs or IAIs if they apply.
Generally, the penalty for a rent overcharge is the amount an owner collected above the legal regulated rent, plus accrued interest. If the overcharge is willful, the landlord is liable for a penalty of three times the amount of the overcharge. The landlord has the burden of proving that the overcharge was not willful. Tenants who believe they are being overcharged should contact the DHCR and/or an attorney.
Tenants planning to move out can ask their landlord to inspect the apartment (or rental home or other type of home rental) before the move-out date. They must allow the tenant to be present during the inspection. At that inspection, the landlord must tell the tenant what needs to be fixed or cleaned. The tenant then has the opportunity to fix any issues to prevent the landlord from keeping part or all of the security deposit.
Note: Currently, these laws only apply to tenants in non-rent regulated units. For rent regulated units, the landlord must return the security deposit to the tenant, less any lawful deduction, at the end of the lease or within reasonable time thereafter, whether or not the tenant asks for its return. Upon vacating, the tenant should leave the apartment in clean condition, removing all personal belongings and trash from the apartment, and making any minor repairs needed.
Our office may be able to help you get back your rent security deposit. To request help, simply file a rent security complaint form with: Office of the New York State Attorney General Bureau of Consumer Frauds and Protection. You may access this form at formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome.
If the building is sold, the landlord must transfer all security deposits to the new owner within five days or return the security deposits to the tenants. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner.
Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest. This responsibility exists whether or not the new owner received the security deposits from the former landlord.
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