Nyc Apartment Rental Lawsadmin
There is no doubt that many New York City tenants are financially stressed, including landlords. As a result, owners of rent-stabilized apartments may be striving for a difficult rent increase. But how does it work? And what does this mean for those who live in these units? We asked an expert for answers. This is the heart of New York City`s tenant rights laws: landlords must maintain living units — those where heating and hot water work; the pipes are in good condition; There is no problem with mold or peeling paint; There are no rats, rodents or other vermin roaming freely; and basic safety measures such as smoke detectors and window protectors are in place. Basements and basements are very different spaces and therefore have different legal uses. A basement is the floor of a building that is partially below sidewalk level, but at least half of its height above sidewalk level. A basement is an enclosed space that is more than half its height below sidewalk level. Basements and basements of apartment buildings may only be inhabited if the conditions meet the minimum requirements for lighting, air, sanitary facilities and egress and have been approved by the city`s building department. The basements of single-family and two-family homes can NEVER be legally rented or used for residential purposes. Basements in single-family and two-family homes can NEVER be legally rented or occupied for residential purposes, unless the terms have been approved by the Department of Buildings. Owners of illegally converted basements and basements can be prosecuted under civil and criminal law.
Residents of illegal basements and basements are exposed to potential hazards such as carbon monoxide poisoning, inadequate lighting and ventilation, and inadequate exit in the event of a fire. The city can order residents of illegal basements and basement apartments to leave or vacate those apartments. Complaints about illegal basements should be directed to 311, which will forward them to the New York City Department of Buildings (DOB). For more information, visit the date of birth to nyc.gov/buildings website. Unless the animal can be considered a “service animal” used by people who are blind, deaf or disabled, it is at the discretion of the building owner and is generally specified in the lease. If a tenant keeps a pet in the apartment without the permission of the owner of the building, this can be considered a serious breach of the lease and can be a basis for terminating the lease. In addition, many animals cannot be legally kept as pets in New York City. For more information on pet regulation, call 311. Looking for information on COVID-19? Here are the current protections for tenants and landlords during the pandemic. And here`s our guide to renting an apartment during COVID-19. For more helpful guides, check out our COVID-19 + NYC Real Estate Hub. Owners of rent-stabilized apartments are required by law to register these units along with their rental history and increases over the years.
And tenants have the right to request this history at any time; DHCR has a new portal that has made the process super easy. The agencies responsible for overseeing New York City`s rental housing are the city`s Department of Housing Preservation and Development (HPD) and the state`s Housing and Community Renewal Division (DHCR). Everyone has their own guide to tenant rights: HPD, DHCR. The bottom line: If there`s something wrong with your rental situation, don`t wait until it gets out of hand to let your landlord know there`s a problem. The sooner you report, the sooner you can (hopefully) implement fixes. And if you`re having trouble with your landlord or property manager – whether it`s harassment, indifference to necessary repairs, or something else – seek immediate advice from a tenant advocacy organization or housing authority. In May 2021, New York State confirmed that brokerage fees are legal. Tenants can expect to pay up to 15% of a unit`s lease to brokers in the first year.
In Manhattan, where the average monthly rent is $3,100 (as of August 2021), that means an upfront fee of $5,580, in addition to the first month`s rent and the security deposit usually required for a new tenancy. Landlords can also make an increase if they have made improvements to your building or apartment (called a major capital improvement or individual dwelling improvement), but only by two per cent under the new rent laws. One important thing to note: market housing and some low-income apartments (including those in NYCHA complexes) are not eligible. Previously, these preferential rents could expire with each lease renewal, meaning the unit`s rent could reach its legal limit, sometimes hundreds of dollars more. Under the new law, these preferential rents are now considered base rents for their units during the tenancy period. They cannot change beyond the maximum percentage increase that is usually allowed for rent-stabilized apartments until the current tenant moves. My landlord refuses to make repairs to my apartment. What can I do? The Mayor`s Office for Tenant Protection provides a lot of information to tenants in the city, including helpful tips on new lease laws for tenants of regulated and unregulated buildings.
If you believe or suspect that you will be locked out of your apartment, you should be prepared with the necessary documentation to determine that you are the rightful occupant of the apartment. Therefore, you may want to leave copies of the documents occupying your apartment with a friend or relative who does not live in the apartment. You must also take the documents with you when you leave your home so that you can prove to the police and/or the court that you are the legal resident. Long considered a financial barrier to renting an apartment in New York City, brokerage fees in New York City have been a hot topic for housing advocates and real estate agents over the past year. After the state passed the Housing Stability and Tenant Protection Act of 2019 (HSTPA), most brokerage fees for tenants became illegal. Notably, New York real estate agents were not allowed to collect their fees from tenants if they worked for the landlord to rent the apartment. This was undoubtedly a blow to real estate agents, as the standard brokerage fee in New York is usually 15% of the annual rent. Specifically, this means that if your rent is $2,000 per month or $24,000 per year, a real estate agent may charge you $3,600 to find you an apartment. Many housing developers have found this to be a victory for affordable housing in New York City.
Changing the locks on a resident`s apartment without giving them a key is a violation of the Unlawful Evictions Act (Administrative Code of New York § 26-521) if the landlord does not have an eviction order or if the resident: As of June 14, 2019, new laws protect tenants in New York State. New tenancy laws are permanent unless the legislature amends, repeals or terminates them. Learn more about New York City Mayor`s Office`s new tenant protection laws to protect tenants. Owners of apartment buildings must keep apartments and common areas in good condition, clean and free of insects, pests, garbage or other offensive materials. Landlords must also ensure that all electrical, plumbing, plumbing, heating and ventilation systems are working. Landlords must also ensure that any equipment they install, such as refrigerators and ovens, is in good condition and safe. There are rules for bedbugs and guidelines on smoking. Landlords must keep their apartment free of bed bugs and inform all tenants of the smoking policy. The owners are required to ensure the sanitary safety and cleanliness of the apartments through pest control. Tenants must comply with legal provisions and are liable for violations caused by intent, gross negligence and abuse. These measures, as well as the unreasonable refusal of the landlord, his representative or employee to access the dwelling for the purpose of carrying out repairs or improvements required by the Housing Maintenance Act and the Multi-Family Houses Act, may constitute grounds for eviction proceedings.
Tenants are also responsible for responding to legal notices to landlords, including notices of lead-based paints and window protection. In the guide, you`ll find information on landlords` and tenants` rights and obligations, how to stay safe in your home, resources for building affordable housing or rent assistance, and helpful contact information for other housing-related topics. Tenants who live in an HPD-owned building and have complaints about the maintenance of their apartment should call 212-491-4229 or 311 for assistance. Homeowners also have requirements for lead paint, smoke detectors, carbon monoxide detectors, locks and window grilles. Landlords must protect you from reasonably foreseeable criminal harm.