Noah Patel
New York State has a long history of tenant activism, with renters shaping local politics since the rent strikes of the early 1900s. Over the years, various laws have been enacted to protect tenants' rights and ensure their safety and well-being. These laws outline the responsibilities of landlords, including maintenance and security standards, restrictions on rent increases, and procedures for eviction. Tenants in New York State have the right to maintain their privacy and safety, challenge unfair rent increases, and seek legal counsel in cases of dispute. Understanding these rights and responsibilities is crucial for both tenants and landlords to ensure fair and equitable housing practices in the state.
| Characteristics | Values |
|---|---|
| Rent increases | In most cases, rent increases are limited to 3%. Park owners can raise the rent by up to 6% if the increase is "justifiable." |
| Rent-controlled tenants | Landlords are limited to increasing rent-controlled tenants' rent by the average of the five most recent Rent Guidelines Board annual rent increases for one-year lease renewals, or 7.5% (whichever is less). |
| Fuel costs | Landlords may no longer charge fuel costs to rent-controlled tenants. |
| Preferential rent | For rent-stabilized tenants paying a rent lower than the legal regulated rent, the landlord is no longer allowed to revoke it and raise the rent to the higher legal regulated rent. |
| Security deposits | Owners may insist upon a security deposit no greater than one month's rent and cannot collect rent for more than one month. |
| Rent-to-own contracts | Contracts must clearly state the responsibility of the manufactured home park owner to cover major repairs and improvements during the rental period. |
| Rent receipts | If rent is paid in person by cash or money order, the tenant is entitled to an immediate rent receipt. If rent is paid in any other manner than in person, the landlord must give the requested written receipt of payment within 15 days. |
| Eviction | Landlords of unregulated homes cannot end a tenancy without a "good cause" reason. |
| Tenant rights | Tenants have the right to form, join, or participate in the lawful activities of any group, committee, or organization formed to protect tenants' rights. |
| Tenant safety | In all multiple dwellings, there must be at least one smoke detector and a carbon monoxide detector, which the landlord is obligated to install. |
| Tenant privacy | Tenants in multiple dwellings can install and maintain their own locks on their apartment entrance doors in addition to the lock supplied by the landlord. |
| Lead-based paint | Federal law requires landlords to disclose known information about lead-based paint or hazards before a lease becomes effective. All leases must include a warning statement about lead-based paint for properties built before 1978. |
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What You'll Learn
Rent increases
In New York State, tenants have rights and protections when it comes to rent increases. Here are some key points to note:
Rent Increase Limitations:
In most cases, rent increases, including lot rent and any fees or utilities, are limited to a 3% increment. However, landlords can raise the rent by up to 6% if this increase is deemed "justifiable." Tenants have the right to challenge any rent increase above 3% in court, where a judge will determine its justifiability.
Notice Requirements:
The Housing Stability and Tenant Protection Act (HSTPA) of 2019 mandates that landlords provide tenants with written notice if they intend to increase the rent by at least 5% or decide not to renew their lease. The length of notice varies depending on the tenant's lease duration and residency:
- For leases shorter than one year or tenants residing for less than a year, a 30-day notice is required.
- Tenants who have lived in the unit for more than a year but less than two years, or those with leases between one and two years, are entitled to a 60-day notice.
- Tenants residing in the unit for more than two years or with leases of at least two years must receive a 90-day notice.
Good Cause Eviction Law:
The Good Cause Eviction Law, effective April 20, 2024, provides additional protections for tenants in unregulated or "market rate" apartments in New York City. Landlords covered by this law cannot terminate a tenancy without a "good cause" reason, and tenants can use this law as a defense against unreasonable evictions or excessive rent increases.
Rent-Controlled and Rent-Stabilized Units:
In the past, landlords could increase rents for rent-controlled tenants by up to 7.5% annually, plus fuel pass-along charges and MCI/IAI increases. However, now there are limitations. For rent-stabilized tenants, landlords can no longer revoke a preferential rent (lower than the legal regulated rent) and suddenly raise it to the higher legal regulated rent.
Security Deposits:
Landlords can only collect a security deposit equivalent to one month's rent. Tenants may be required to pay additional security to maintain this deposit level upon lease renewal.
Tenant Organizations and Rights:
Tenants have the freedom to form, join, or participate in tenant groups or organizations dedicated to protecting their rights. These groups can meet peacefully within the premises at reasonable times without obstruction. However, wrongful conduct aimed at damaging the owner's business interests or unsafe activities are not protected.
It is always advisable for tenants to consult with a lawyer or the appropriate government agency, such as the New York State Department of Homes and Community Renewal (HCR), to understand their specific rights and protections regarding rent increases and other tenant-related matters.
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Rent-controlled tenants' rights
Rent control is a system of rent regulation in New York State that limits the rent a landlord can charge for an apartment and restricts their right to evict tenants. This regulation applies to residential buildings constructed before February 1947 in municipalities that have not declared an end to the postwar rental housing emergency.
In the past, landlords could increase rents for rent-controlled tenants by up to 7.5% annually, in addition to fuel pass-along charges and MCI and/or IAI increases. Now, a landlord can only increase a rent-controlled tenant's rent by the average of the five most recent Rent Guidelines Board annual rent increases for one-year lease renewals, or 7.5%—whichever is less. Landlords may no longer charge rent-controlled tenants for fuel costs.
Tenants in rent-controlled apartments have the right to challenge rent increases if the Maximum Collectible Rent exceeds the legal regulated rent, the building has housing code violations, the owner's expenses do not warrant an increase, or the owner is not maintaining essential services.
In New York City, a landlord may not evict a tenant in a rent-controlled apartment for purposes of owner occupancy if the tenant or their spouse is a senior citizen, is living with a disability, or has been a tenant in the apartment for 15 years or more. Outside of New York City, a landlord may not evict a senior citizen or a person living with a disability for purposes of owner occupancy. If a landlord wishes to evict a tenant, they must first begin legal proceedings, and the tenant may only be removed from the premises by a Constable, Marshal, or Sheriff with a court order.
Tenants in multiple dwellings can install and maintain their own locks on their apartment entrance doors, in addition to the lock supplied by the landlord. However, the tenant must provide their landlord with a duplicate key upon request. Tenants also have the right to form, join, or participate in the lawful activities of any group, committee, or other organizations formed to protect the rights of tenants, without interference, harassment, or penalty by the owner.
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Landlord responsibilities
Landlords in New York State have a variety of responsibilities and obligations towards their tenants. Firstly, landlords must ensure that their buildings are safe, clean, and well-maintained, including common areas and individual apartments. This includes providing and maintaining security measures, heat, hot and cold water, and good lighting, and ensuring compliance with the New York City Housing Maintenance Code and New York State Multiple Dwelling Law. Landlords are also responsible for registering their properties annually with the appropriate authorities and complying with rent regulations.
In terms of tenant safety, landlords must take measures to reduce the risk of exposure to dangerous lead-based paint, especially in older buildings. They are required by federal law to disclose information about lead-based paint hazards and provide tenants with a warning statement and informational pamphlet on how to protect themselves. Additionally, landlords are obligated to install smoke detectors and carbon monoxide detectors in all multiple dwellings, although tenants in New York City may be required to contribute to the cost.
Landlords must also respect the rights of their tenants, including their privacy and safety. Tenants are allowed to install additional locks on their doors, but they must provide the landlord with a duplicate key upon request. Landlords are required to provide a peephole in the entrance door of each apartment for added security. They cannot treat tenants differently based on their immigration or citizenship status and must provide equal access to repairs and rentals.
Regarding rent, landlords in New York State are subject to specific regulations. They can only collect security deposits of up to one month's rent and cannot charge rent for more than one month in advance. Rent increases are typically limited to 3%, and tenants have the right to challenge increases above this threshold in court. Landlords of rent-controlled units are subject to additional restrictions, including limits on annual rent increases and a prohibition on passing fuel costs to tenants.
When it comes to repairs, landlords are responsible for addressing issues in a timely manner. Tenants can take several steps to get their landlords to make repairs, including contacting the property owner, managing agent, or building superintendent. If the landlord fails to respond or provide essential services, tenants may file a complaint or bring a case against the property owner in Housing Court to force them to make repairs.
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Tenant safety
Safe and Healthy Living Conditions
Tenants in New York have the right to live in safe and well-maintained buildings. Landlords are responsible for ensuring that their properties are free from hazards, including vermin, leaks, and unsafe conditions. This also extends to maintaining clean and sanitary common areas, such as hallways and lobbies. Landlords are also required to address any complaints regarding health and safety issues, habitability, or necessary repairs promptly.
Protection from Lead-Based Paint
New York has strict regulations regarding lead-based paint due to the health risks associated with exposure, especially for young children. Landlords must maintain their properties to reduce the likelihood of tenants being exposed to lead-based paint. They are also required to disclose any known information about lead-based paint hazards before a lease is signed and provide tenants with informational pamphlets on protecting themselves from lead exposure.
Security and Privacy
Landlords are responsible for providing and maintaining security measures in their buildings. This includes ensuring functioning locks on entrance doors and providing peepholes for added security. Additionally, tenants have the right to privacy, and landlords or their representatives may not interfere with their peaceful enjoyment of the premises.
Smoke and Carbon Monoxide Detectors
In New York, landlords are obligated to install at least one smoke detector and carbon monoxide detector in each rental unit. In New York City, tenants may be required to contribute to the cost of these detectors.
Tenant Harassment and Discrimination
New York laws prohibit landlords from harassing or discriminating against tenants. This includes treating tenants differently based on their immigration or citizenship status and retaliating against tenants for participating in tenant organizations or making legitimate complaints. Tenants have the right to join and participate in tenant groups without interference or retaliation from landlords.
Rent Increases and Eviction Protections
While rent increases are a reality, New York has implemented protections to prevent excessive hikes. Rent-controlled tenants now benefit from more stable rent increases, and landlords may no longer charge them for fuel costs. Additionally, the Good Cause Eviction law protects tenants in unregulated homes from arbitrary evictions, requiring landlords to provide a "good cause" reason for ending a tenancy.
In conclusion, tenant safety in New York State is supported by a comprehensive set of laws and guidelines that address various aspects of rental housing. These protections aim to ensure that tenants can live in safe, healthy, and secure environments without fear of unfair treatment or arbitrary disruptions.
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Eviction laws
In New York State, landlords are required to follow a legal process when evicting a tenant. Firstly, landlords cannot evict a tenant without first initiating a legal proceeding against them. Only a Constable, Marshal, or Sheriff with a court order can physically remove a tenant from the premises.
If a tenant has a written lease for a specific period, they can only be evicted if the lease is ending and the landlord provides appropriate notice. If the tenant does not vacate the property by the date specified in the notice, the landlord can then begin a "holdover" eviction case.
If a tenant fails to pay rent, the landlord must first give written notice to the tenant and the DHCR District/Borough Rent Office before proceeding to court. If the tenant does not pay the owed rent, the landlord can then initiate legal proceedings. If the judge rules in favour of the landlord, they will sign a Warrant of Eviction, which authorises law enforcement to remove the tenant from the property at a specified time. Tenants have a minimum of 14 days to vacate the property after the Warrant is signed, and they can prevent the eviction at any time by paying the outstanding rent.
Additionally, New York's Good Cause Eviction (GCE) law, which came into effect in 2024, requires the Division of Housing and Community Renewal to publish information regarding certain apartments in New York City and other municipalities that have opted into GCE. This law applies to apartments not subject to rent stabilisation and control.
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Frequently asked questions
Tenants in New York State have the right to safe, clean, and well-maintained accommodation. They can also obtain free legal advice and counsel, and landlords cannot charge more than one month's rent for a deposit.
Landlords must begin legal proceedings before evicting a tenant. Only a Constable, Marshal, or Sheriff with a court order can remove a tenant from the premises. Tenants can ask for a postponement of at least 14 days if they are facing eviction.
Landlords must ensure that their properties are safe, clean, and well-maintained. They must also provide security measures, heat, hot and cold water, and good lighting. They are also required to install smoke and carbon monoxide detectors in multiple dwellings.
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