THE RENTER'S HANDBOOK
Senate Minority Leader Manfred Ohrenstein
(c) April, 1990
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INTRODUCTION
by Senator Manfred Ohrenstein
I am pleased to make available this third edition of the Renter's
Handbook. The following pages contain summaries of tenant's
rights, common problems encountered by tenants and tips on how to
protect your rights and solve the problems.
The laws governing landlord-tenant relationships have evolved
over many decades and are extremely complex. Because of this,
there is a continual need for an understandable and up-to-date
guide to tenants' rights in New York City. I hope that you will
keep this booklet handy and that it will he useful to you.
In Albany, I have devoted three decades to the fight for better
housing and stronger protections for tenants. Over the years, we
have achieved many victories. The statutory rights to sublet and
to have roommates, the Senior Citizen Rent Increase Exemption
Program and the Warranty of Habitability Law are just a few of
the advances made by tenants through legislation. I am continuing
to work for the enactment of other pending legislation that would
protect tenants of institutions from eviction, limit major
capital improvement rent increases, restrict the warehousing of
vacant apartments by landlords and toughen penalties for the
harassment of tenants.
On November 8, 1989 we made a major advance when Governor Cuomo
announced new regulations to extend tenancy rights to non-
traditional family members living in rent controlled and rent
stabilized apartments. Please carefully read the section of this
handbook entitled "Succession Rights" to learn how you can use
these new regulations to protect yourself and those you live with
from eviction in, case the person named on the lease should die
or move out of the apartment.
If you would like further information about my legislative
program or assistance with a personal housing problem, please
feel free to call my district office. The office staff has a
great deal of expertise in working with tenants and solving
housing problems. If your tenants' organization would like a
speaker for a meeting, I would be pleased to schedule a date with
you.
Senator Manfred Ohrenstein
District Office
270 Broadway - Room 612
New York, New York 10007
[ed note: Senator Ohrenstein retired 12/31/94; He was succeeded
by Senator Catherine Abate]
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TABLE OF CONTENTS
YOUR RENT
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Leases
Registration
Overcharges
YOUR RIGHTS
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Rent Control and Stabilization
Subletting
Sharing Apartments
Succession Rights
Warranty of Habitability
Harassment
Major Capital Improvements
Nonprofit Landlords
Owner's Personal Use
Senior Citizens
Heat and Hot Water
Security Deposits
Landlord Access
Painting, Extermination, Superintendents and Pets
Tenant Information
YOUR REMEDIES
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Administrative Procedures
Administrative Solutions
Legal Action
Withholding Rent
Housing Court
Tenant-Initiated Actions
Reaching A Decision
Tenant Organizing
The Agencies
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YOUR RENT
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LEASES
A tenant moving into a rent stabilized apartment for the first
time has the option of choosing either a one- or a two-year
lease, and the landlord is required to abide by the tenant's
choice.
The landlord must send you prior notice at least 150 and not less
than 120 days before the lease is due to expire. This notice must
be sent on a standard form issued by the State Division of
Housing and Community Renewal (DHCR), designated "RPT-8". You
must respond to this notice within 60 days of receiving it,
choosing either a one- or two-year renewal lease. Your response
will constitute a renewal lease. It is a good idea to make and
keep a copy of this form before you send it back to the landlord.
The rent adjustment for your initial lease and each subsequent
renewal must be within the limits announced by the Rent
Guidelines Board. This agency is appointed by the Mayor and sets
rent guidelines that change every year. The guidelines are
announced each year about July 1, and affect new and renewal
leases that take effect on or after the following October 1. For
the period extending from October 1, 1989 until September 30,
1990 the guidelines allow increases of 5.5% for a one-year lease
and 9% for a two-year lease, with an additional 12% vacancy
allowance added to a new lease. Also, some tenants renting
apartments for less than $325 per month can be charged an extra
$5 monthly rent increase.
By law, leases must be written in "plain English", and both new
and renewal leases must have attached a detailed description of
tenant's rights. This is also printed on a standard form known as
the DHCR Lease Rights Rider. The rent paid by the prior tenant
must also be shown on the rider attached to a new lease.
If your original lease was written in "legalese", it is important
to check that subsequent plain English renewals contained the
same terms and conditions as the original.
Renewal leases are not permitted to reduce any rights granted
under the first lease.
Rent controlled tenants generally do not have leases, and are
considered "statutory tenants" who have the right to remain in
their apartments for as long as they choose.
Rent increase orders are sent to rent controlled tenants at the
start of each year, establishing the maximum collectible rent for
the apartment and charges that are allowable for fuel and labor
costs. These orders will be sent by mail under the supervision of
the DHCR. If there is a dispute regarding the rent, the DHCR is
responsible for resolving the dispute.
REGISTRATION
Under the Omnibus Housing Act of 1983, owners were required to
register the rent of every rent stabilized apartment with the
DHCR by July 1, 1984. That initial registration also included a
detailed record of all services provided in the building.
Landlords are also required to update the registration statements
every year. This information must be made available to tenants
for a period of up to four years prior to the date of a tenant's
request for a rent history. You should check the accuracy of the
annual registration statements that you receive and keep them for
your records.
The rent registration system is intended to make it easier for a
tenant to ascertain the correct rent for his or her apartment and
should reduce rent overcharging by landlords.
OVERCHARGES
The laws guarantee refunds to rent controlled and stabilized
tenants who are overcharged on their rents. The amount of the
refund is determined according to the tenant's classification.
For RENT STABILIZED tenants:
Tenants filing complaints after April 1, 1984 are entitled to
refunds of all overcharges for a period of four years prior to
the date the overcharge complaint is filed. If the overcharge is
determined to be willful, an amount equal to three times the
amount of the overcharge must be refunded to the tenant; however,
the treble damage penalty is limited to two years of the
overcharge. Tenants are also eligible for interest payments and
attorney's fees.
For RENT CONTROLLED tenants:
Rent controlled tenants are entitled to a refund of overcharges
for the prior two years from the date the complaint is filed.
They may also sue in court for up to three times the amount of
the overcharges.
The Division of Housing and Community Renewal is required to
resolve all rent overcharge disputes involving both rent
controlled and rent stabilized tenants.
YOUR RIGHTS
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RENT CONTROL AND STABILIZATION
You are probably a rent controlled tenant if (a) your building
was constructed before 1947, (b) you moved into your apartment
before July 1, 1971 and (c) your building contains three or more
housing units. Rent controlled tenants are also called statutory
tenants.
You are probably a rent stabilized tenant if (a) your building
was constructed before January 1,1974, (b) you signed your
initial lease or a renewal lease after July 1,1971 and (c) your
building contains six or more housing units.
Buildings first occupied after January 1,1974 are frequently
subject to the rent stabilization law if they received property
tax benefits under either the 421-a or the J-51 tax programs.
The 421-a program affects new construction. In buildings that
were occupied before July 3,1984 tenants will retain their rent
stabilized status even after the 10 year tax benefit period
expires. After the 10 year period expires, new tenants are not
rent stabilized. In 421-a buildings first occupied after July
3,1984 tenants lose their stabilized status at the end of the tax
benefit period if each lease and renewal has given notice of the
approximate expiration date of the tax benefits and of rent
stabilization coverage.
The program formerly known as J-51 affects buildings that were
substantially rehabilitated. Tenants in such buildings will
retain their rent stabilized status beyond the end of the tax
benefit period, unless each lease and renewal has given notice of
the approximate expiration date of the tax benefits and of rent
stabilization coverage.
Before you sign a new lease, you should examine the lease and any
riders carefully to see if notice is given of the expiration of a
tax benefit period and that the apartment will no longer be
covered by rent regulation after such time.
SUBLETTING
Rent stabilized tenants have the right to sublet under New York
State Law, provided they follow certain procedures. Any lease
clause that prohibits a rent stabilized tenant from subletting is
automatically invalid and may be disregarded.
Rent controlled tenants are prohibited from subletting their
apartments unless the landlord agrees to the sublet in writing,
or unless the right to sublet was specifically included as part
of the original lease.
In order to sublet your apartment, you must notify your landlord
in writing, and send your notice by certified mail, return
receipt requested. In your notice you must include the following
information:
-- the name of the subtenant;
-- the date the sublease takes effect and the date it
terminates;
-- the business address and the permanent home address of the
subtenant;
-- your reason for wanting to sublet;
-- your address for the duration of the sublease;
-- if the prime lease was guaranteed by a third party, the
written consent of the guarantor;
-- if the apartment is occupied by a co-tenant, the written
consent of the co-tenant;
-- a copy of the sublease, attached to a copy of the prime
lease, with a notarized statement signed by you and the
subtenant attesting that it is a true copy of the sublease.
In stating your reason for wanting to sublet, you must make it
clear that your absence will be temporary and that you intend to
return to the apartment as your primary residence, or the
landlord will have a valid ground to refuse your sublet request.
Once you have mailed this notice, the landlord has 10 days from
the date you mailed the notice in which to ask for additional
information. You may be asked to complete a questionnaire about
yourself and the subtenant. While such a questionnaire is
permissible. it may not be unduly burdensome by asking irrelevant
questions.
If no further information is asked of you, the landlord must
respond to your notice within 30 days of the date it was mailed.
If additional information is requested within the initial 10-day
period, the landlord must respond within 30 days of the date the
additional information is mailed.
A landlord who does not respond within this timetable is
considered to have consented automatically to the sublet.
A landlord may not withhold consent unreasonably. Reasonable
cause for denying a sublet request includes the inability of the
subtenant to pay the rent; a subtenant with a history of
disruptive behavior; or an intention to use an apartment in an
unlawful manner.
If a landlord does withhold consent unreasonably, you may proceed
to sublet without his or her consent, or you may contest the
decision in court. The law requires the landlord to reimburse you
for legal costs, including attorney fees, if you can demonstrate
that your landlord acted in bad faith.
If you sublease an apartment with furnishings, a surcharge of up
to 10 percent above the legal rent may be added. You may not
collect more than the legal rent. A prime tenant who overcharges
a subtenant is subject to a rent overcharge complaint requiring
that a penalty equal to three times the amount of the overcharge
be refunded.
No apartment may be sublet for longer than two years out of any
four-year period. Furthermore, a tenant who does not intend to
return to the apartment is prohibited from assigning the lease to
a new tenant unless the landlord's written consent is obtained,
or unless the lease specifically permits assignment.
SHARING APARTMENTS
A tenant living alone in either a rent controlled or rent
stabilized apartment may invite an additional occupant, and the
dependent children of the occupant, to share an apartment. An
unlimited number of the tenant's immediate family members are
also permitted to share the apartment.
If two or more people signed a lease, a new occupant may replace
a departing tenant, however, the total number of tenants and
occupants may not exceed the original number of people who signed
the original lease. Most important, one of the original signers
of the lease must continue to live in the apartment.
An important distinction is made in the law between tenants and
occupants.
The tenant is the person or persons who signed the lease, and the
occupant is the person who moves in after the lease is signed.
The tenant retains the rights under the lease and is the only
person who may renew a lease once it expires. (Please read the
exceptions listed under Succession Rights). Once the tenant moves
out of an apartment, the occupant loses the right to remain in
the apartment without the expressed written consent of the
landlord.
A landlord may not pry into the nature of a relationship between
people who want to be roommates.
If you want to share your apartment, you should notify your
landlord in writing within 30 days of the date your roommate
moves in. If you fail to do that, you are required to respond to
an inquiry by your landlord within 30 days of his or her asking
whether a new occupant is living in the apartment.
The right to share your apartment is automatic, and a lease
provision that restricts sharing is invalid and may not be
enforced.
The following section on "Succession Rights" explains the
circumstances under which a person who has been sharing an
apartment may qualify to remain and obtain a lease even after the
original tenant has died or moved out.
SUCCESSION RIGHTS
State regulations now allow persons sharing apartments as members
of non-traditional families to have the same rights as
traditional family members to remain in rent controlled
apartments and to obtain renewal leases for rent stabilized
apartments after the tenant of record has died or permanently
vacated.
These "succession rights" are afforded to any person who has been
living with the tenant as a primary resident and who is able to
show a relationship with the tenant involving emotional and
financial commitment and interdependence. To protect privacy,
evidence of a sexual relationship may not be considered.
Many factors may be considered, including: the length of the
relationship; the sharing of household expenses; intermingling of
finances; engaging in family-type activities; formalizing legal
obligations, such as wills naming each other as executor and/or
beneficiary or having mutual powers of attorney; acting publicly
as family members; and performing family functions such as caring
for each other or each other's family members.
In addition, both traditional and non-traditional "family
members" are required to have lived in the apartment with the
tenant a minimum of two years (one year if the "family member" is
disabled or sixty-two years old or older) or, if they have lived
together a shorter time, from the beginning of the tenancy or of
their relationship with the tenant.
Generally, a non-traditional family member will have the burden
of proving that he or she had the required degree of commitment
and interdependence with the tenant to qualify for succession
rights. However, the burden can be shifted to the landlord to
disprove such a relationship by taking a simple step. Obtain from
the DHCR a form entitled "Notice To Owner Of Persons Other Than
Tenant Residing In Apartment", complete it and send it to the
landlord.
Any tenant wanting to protect the succession rights of a
traditional or non-traditional family member should be sure to
notify the landlord on the DHCR form and be sure the family
member retains proof of such notification. (If you have more than
one roommate, be sure that you are not indicating a violation of
the Apartment Sharing rules explained in the previous section of
this booklet.) If possible, have the landlord acknowledge receipt
of the form and the date of receipt on a copy, or send it by
certified mail return receipt requested.
WARRANTY OF HABITABILITY
The Warranty of Habitability is an important section of the New
York Real Property Law. It requires owners of buildings to keep
their premises safe, clean and in good repair. Both the common
areas of buildings and the interiors of apartments must be free
of any condition that is detrimental to a person's health, life
or safety.
Under the Warranty of Habitability, tenants frequently seek rent
abatements by withholding rental payments, in order to get a
service restored or a defective condition corrected. If there is
a need for an emergency repair that the owner refuses to address,
tenants may also contract privately to have the repair done, and
then deduct the cost from the rent.
An owner's liability is limited, however, if the cause of the
service disruption is the result of a labor dispute. If there is
such a strike, and the owner reaps a profit as a result, a court
may order the owner to "pass through" the saving to the tenant in
the form of a one-time rent reduction.
Before a tenant withholds rent, it is advisable to consult an
experienced tenant organizer, legislative office, or attorney in
order to assure that the law is being properly applied.
The legal procedures available under the Warranty of Habitability
are explained in greater detail in the section of this booklet
entitled, "Your Remedies."
HARASSMENT
Harassment is the persistent denial or interruption of an
essential service or services, such as heat or hot water, or
abusive conduct by an owner [or an agent of the owner] which is
threatening to a resident or is intended to get a resident to
move out of his or her apartment.
If you are victimized by such conduct or an attempt is made to
require you to give up certain of your legal rights, a finding of
harassment may be reached by a court of law or an administrative
agency.
There are tough penalties imposed on owners who harass tenants.
Guidelines on how to obtain relief from harassing owners are
explained in the section of this booklet entitled, "Your
Remedies."
MAJOR CAPITAL IMPROVEMENTS
You have the right to contest a landlord's application to the
DHCR for a major capital improvement (MCI) rent increase. If an
application is made, you will receive a notice from the DHCR and
be given an opportunity to review the landlord's complete
application. You will have a thirty-day period within which to
comment.
Major capital improvements are generally building-wide
improvements such as a roof replacement, installation of a new
boiler, repiping of the hot and cold water system, or rewiring
throughout the building. The cost of asbestos abatement may be
included, if done in conjunction with an MCI. Improvements to
individual apartments are not considered MCI's, unless the same
improvement is made in all apartments, like installation of new
windows. Ordinary repairs or the restoration of a service
previously provided will not qualify as MCI's.
MCI rent increases are limited to 6% per year for rent stabilized
apartments and 15% per year for rent controlled apartments. These
increases become a permanent part of the rent and are not
eliminated when the landlord has recovered sufficient rent
increases to pay for the costs of the MCI.
The DHCR will audit the landlord's proof of expenses. MCI
requests are often reduced by the DHCR during such review. If you
believe the proof is wrong or inadequate, you may raise an
objection.
There are a number of other grounds for tenants to object to the
landlord's MCI application. The application and the building
should be carefully checked to see if all the work claimed was
actually done, if the work was done poorly, or if the work done
may not qualify as an MCI. Also, the item replaced must have
exceeded its useful life according to a schedule published by the
DHCR. The DHCR will only send one of its inspectors to look at
the building if the tenants have raised an objection as to
whether the work was done or as to the quality of the work.
In commenting on an MCI application, tenants should list all
docket numbers of pending complaints of service reductions filed
with the DHCR. Service reductions should also be detailed in the
answer to the MCI application and may lead to dismissal of the
application or postponement of the collectibility of any MCI rent
increase.
Finally, check the room count given by the landlord for your
apartment. The 1984 rent registration is not binding for this
purpose. The definition for MCI purposes is contained in the
landlord's application papers.
NONPROFIT LANDLORDS
Tenants who live in buildings owned by nonprofit, educational or
charitable organizations (such as a hospital, university,
religious institution, etc.) have been placed under the
protections of the rent stabilization system. These protections
include limitations on rent increases and requirements for the
delivery of essential services.
An organization may refuse to renew a lease in order to recover
the apartment for non-residential, institution-related purposes,
such as a classroom, conference hall, or laboratory. However, the
organization must obtain the approval of the Buildings Department
for the conversion from residential to non-residential use before
the tenant may be evicted.
In certain instances, the organization may also refuse to renew a
lease to recover an apartment for a residential purpose, but
there are restrictions on an organization's ability to invoke
this provision:
-- A tenant who moved into the building before the organization
owned the building may not be refused a renewal lease.
-- A tenant who moved into a building with a nonprofit owner
whose first lease started before July 1, 1978, and who was
not informed at that time of the organization's right to
recover the apartment, may not be refused a renewal lease.
A tenant who rents an apartment from a nonprofit organization,
and whose occupancy is in conjunction with an affiliation with
that organization (such as a student, employee, etc.) does not
have the automatic right to renew a lease once that affiliation
ends, unless it is with the expressed written consent of the
organization.
A nonprofit organization must give at least four months prior
notice to the tenant when it seeks to recover an apartment for
either a non-residential or residential purpose. Any organization
that fraudulently uses this provision of law to empty an
apartment will be subject to heavy financial penalties, including
an award to the tenant equal to three times the damages sustained
from increased rental payments, moving expenses and attorney
fees.
OWNER'S PERSONAL USE
An owner who seeks an apartment for his own use, or the use of a
member of his immediate family, may refuse to renew the lease of
a rent stabilized tenant or apply to the DHCR to evict a rent
controlled tenant
Rent controlled tenants may not be evicted where any member of
the household is 62 years of age or older, disabled, or has been
a tenant in the same building for 20 years or more.
The law restricts an owner's right to recover an apartment from a
rent stabilized tenant:
-- the owner, or family member, must intend to use the
apartment as his or her residence in New York City;
-- if there are multiple owners of the building, only one may
initiate an owner's personal use proceeding (there is no
limit, however, on the number of units that may be
recovered);
-- if the building is owned by a partnership or corporation,
the owner's personal use provision may not be invoked.
No personal use proceeding may be initiated against a stabilized
tenant if the tenant or spouse is 62 years of age or older,
unless the tenant has been offered an equivalent or superior
apartment at the same or lower rent in the surrounding area. The
same prohibition applies to disabled tenants.
The apartment may not be used for any purpose other than the
owner's personal residence, or the residence of a family member,
for a minimum of three years. If the apartment is re-rented
within that period, the owner will be liable to a forfeiture of
all rent increases in the building for a period of three Years.
SENIOR CITIZENS
The Senior Citizen Rent Increase Exemption Program prohibits rent
increases for many senior citizens who live on fixed and limited
incomes. This program is available for both rent controlled and
stabilized tenants. It is administered by the New York City
Department of Housing Preservation and Development (HPD).
To be eligible, you or your spouse must be at least 62 years old;
the combined household income must not exceed $15,000 annually;
and the rent must be greater than one-third of your disposable
income.
If your income is greater than the maximum, it is advisable to
check with HPD. Certain of your tax liabilities may be
deductible, bringing your income within the guidelines.
Rent stabilized tenants are required to sign a two-year lease in
order to be eligible for the program.
HEAT AND HOT WATER
The heat season begins each year on October 1 and ends on May 31.
During that time, an owner must provide heat according to the
following schedule:
-- between the hours of 6 a.m. and 10 p.m., if the temperature
outdoors falls below 55 degrees, then the temperature inside
your apartment must be maintained at 68 degrees;
-- between the hours of 10 p.m. and 6 a.m., if the temperature
outdoors falls below 40 degrees, then the temperature inside
your apartment must be maintained at 55 degrees.
Furthermore, the hot water temperature must be maintained at 120
degrees, 24 hours per day, year round.
Tenants who want to make complaints about an insufficiency of
heat or hot water should contact the HPD Central Complaints
Office.
*All temperatures are given in Fahrenheit.
SECURITY DEPOSITS
Your landlord may retain a security deposit equal to one month's
rent. The only exception to this rule is for rent stabilized
tenants who signed their first lease before May 29, 1974 and paid
two months rent as security.
If you paid more than the legal amount, you are entitled to a
refund.
If there are six or more apartments in your building, the
landlord is required to place your security deposit in an
interest-bearing bank account. You are entitled to know the name
of the bank and the account number. If you make a request to the
landlord, you are also entitled to annual interest payments on
the account, although your landlord may deduct one percent of the
amount to defray bookkeeping expenses.
When you sign a renewal lease, the landlord may increase the
security deposit by the same amount as the increase in the
monthly rent.
LANDLORD ACCESS
A landlord may enter your apartment only with good cause and at a
time that is mutually convenient for the purpose of making
repairs and inspecting for code violations. You may insist upon
prior notice for these routine visits.
In the event of an emergency, however, a landlord may demand
immediate access, or enter without your permission.
If you install new locks, your landlord is entitled to ask for a
copy of the keys.
PAINTING, EXTERMINATION, SUPERINTENDENTS AND PETS
Your landlord is required to paint your apartment every three
years at his or her expense. Some landlords will negotiate an
allowance to cover some or all of the cost, if the tenant
arranges for the painting in off years.
Your landlord is required to take all steps necessary to keep
your apartment and the public areas of the building free from
infestation of roaches, mice, rats and other vermin. Appropriate
services must be maintained to meet this health safety standard,
including contracting with independent extermination services, if
necessary.
If your building has nine or more units, a superintendent must
live in the building, or within a 200-foot radius. In addition,
the name and phone number of the superintendent must be posted in
a conspicuous location in the building. If there are fewer than
nine units in the building, a phone number of whom to call in the
event of an emergency must be posted
Although most standard leases prohibit tenants from keeping pets,
some landlords invoke this clause arbitrarily as a tactic to
force a tenant to move or to collect a higher rent. These
landlord abuses are now illegal. If you own a pet, and your
landlord or superintendent has knowledge of that fact for three
months or more, the "no pet" provision in your lease may not be
used against you at a later date. If a pet causes damage,
however, or becomes a nuisance, a landlord may still initiate an
action against a tenant.
TENANT INFORMATION
State law requires the Division of Housing and Community Renewal
to assist tenants by maintaining district offices in each borough
of New York City. These offices are staffed to assist tenants in
obtaining information and processing complaints.
A directory of these offices and other administrative agencies
that provide services to tenants is provided at the end of this
booklet.
In addition, legislators and other public officials usually have
staff trained to assist tenants.
YOUR REMEDIES
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ADMINISTRATIVE PROCEDURES
Both rent controlled tenants and rent stabilized tenants should
contact the State Division of Housing and Community Renewal
(DHCR) for information about the housing laws, and for
administrative relief in the event of a tenant-landlord dispute.
Tenants can initiate complaints with the DHCR on the following
topics:
-- rent overcharges;
-- fair market rent appeals, contesting the first stabilized
rent charged after a rent controlled apartment has been
vacated;
-- review of the maximum base rent (MBR) and maximum
collectible rent (MCR) for controlled apartments;
-- failure to renew or offer a renewal lease for a stabilized
apartment;
-- harassment by an owner or agent;
-- reduction in rent because services are decreased (separate
complaint forms are used, depending on whether the service
decrease affects only an individual tenant or is building-
wide);
-- reduction in rent because of failure to maintain heat and/or
hot water;
When filing a complaint about a reduction in services or lack of
heat and/or hot water, be sure to check the box on the form
specifically requesting a rent reduction. All complaints must be
filed in duplicate. Be sure to keep a copy of any complaint filed
with the DHCR.
Complaint forms may be mailed or hand delivered to the borough
rent offices or to the central DHCR office in Jamaica, Queens. If
mailed, complaints should be sent by certified mail-return
receipt requested to provide proof of delivery to the DHCR. If
hand-delivered, have your copy date-stamped "received" at the
DHCR office.
Once the complaint is received by the DHCR, a docket number will
be assigned to the case. Thereafter, a rent examiner will contact
both the person making the complaint and the landlord or managing
agent of the building by mail for more information.
The forms for initiating complaints are available at the borough
rent offices of the DHCR. They are often also available from the
offices of State legislators.
ADMINISTRATIVE SOLUTIONS
The Division of Housing and Community Renewal is mandated to
enforce the rent laws, and to respond to tenant-landlord
disputes. Its powers include ensuring that rent overcharges are
refunded (an earlier section of this handbook addresses rent
overcharges), that services are maintained and that provisions of
leases are enforced.
Because this is a quasi-judicial proceeding, it is important for
the person making the complaint to be as thorough as possible in
explaining the problem. However, a tenant does not need to submit
proof when filing a complaint. A reasonable belief that a
complaint is valid is sufficient reason for a tenant to submit a
complaint form.
DHCR conducts a quasi-judicial proceeding in which a rent
examiner gathers evidence from all parties to a dispute, and has
the authority to require that all pertinent evidence in a case be
submitted for consideration. Most cases are handled entirely by
mail, occasionally hearings are scheduled. Tenants will be
notified to appear in person, or with an attorney, for a
conference shortly after filing harassment complaints.
If the person making the complaint fails to respond to a rent
examiner's request for documentary evidence, the complaint may be
dismissed. If a landlord fails to respond to a request for
information refuting the complaint, the complaint may be granted
on default. If you have complained about a reduction in services
and you are notified about an inspection, be sure to give the
DHCR inspector access to all affected apartments.
When the case is decided an "order" is issued. The losing side
has the right to file a Petition for Administrative Review (PAR)
to appeal the decision. A PAR must be filed within 35 days of the
date the order was issued and it must be filed on the DHCR's PAR
form.
LEGAL ACTION
Emergency problems demand fast action, and in these situations
the administrative procedures will probably not be able to give
you the quick solution you need. Under these circumstances, you
may decide to seek legal redress in Housing Court.
If you must appear in Housing Court, you should consult an
experienced tenant organizer, legislative office, or attorney in
order to assure that your rights are protected and enforced.
Tenants appearing in Housing Court must be careful to document
all aspects of the case being presented. Before going to court,
you should explain the nature of your complaint to your landlord
in writing, and mail the information via certified mail-return
receipt requested. Keep copies of all correspondence!
If you get no response to your complaint and you believe it
involves code violations, call the HPD Central Complaints Office
and ask for an inspector to be sent to your apartment. The
inspector will file a report on the visit which you can obtain
from the NYC Department of Housing Preservation and Development's
Division of Code Enforcement.
If your problem is visible, take photographs. If your complaint
concerns insufficient heat, record the temperature both inside
and outside your apartment. If other tenants have similar
problems, ask them to join you in making the complaint.
You can initiate a legal proceeding yourself, or you can withhold
payment of your rent as a device to force your landlord to take
you to court. In either event, your tenancy will be protected,
but it is important to follow the procedures explained in the
following sections.
WITHHOLDING RENT
Withholding all or part of your rent is a common and accepted
action that tenants undertake when a landlord is not providing
required services, but it must be done carefully.
As explained earlier, you should notify your landlord in writing
of your complaint, and allow a reasonable time for the situation
to be corrected. This notification might also include a statement
that you intend to withhold the next month's rent if the
outstanding serious problems are not resolved.
If the problems persist and you go ahead and withhold rent, you
will probably receive a "dispossess" notice, legally called a
notice of petition and petition. This is not an eviction notice.
It is your notification that the landlord is starting a non-
payment proceeding in the Housing Court.
You must answer this notice within five days of receiving it. If
you ignore a dispossess notice, you will lose your case by
default and may be evicted.
HOUSING COURT
Take the notice to the Housing Court located in the borough in
which you live. Each Housing Court has an office of the Clerk of
the Court, where you will receive a date for a hearing of your
complaint.
On the date of the hearing, you must appear by 9:30 A.M. in the
large room where the cases on the calendar are assigned. Your
name will be called, at which time you must answer. If you have
not had a recent inspection, you may obtain one by answering the
call of the calendar, "tenant requests inspection." An inspection
date will immediately be assigned and a later date will be
assigned for you to return to the court. If you need an
adjournment to another date, answer, "tenant application," and
you can explain what you want. If you do not need an inspection
or an adjournment, you should answer, "tenant ready."
You will then be assigned to a smaller hearing room where your
case will be heard by a Housing Judge.
When you get to the smaller court room, tell the clerk you are
ready. Present your case in a clear and concise manner, providing
all of the documentation you have assembled. All of your comments
should be addressed to the judge.
TENANT-INITIATED ACTIONS
A tenant who does not want to withhold rent can initiate a legal
proceeding (known as an "HP Action") by going to Housing Court
and completing three forms: an Order to Show Cause, an Affidavit
that details the complaint, and an Affidavit of Service stating
you have served the other papers on your landlord. These forms
are all available in the office of the Clerk of the Court,
located at the Housing Court.
There is a $25 fee for processing these forms. If you cannot
afford the fee, however, you can apply to have it waived.
The staff at the Clerk's office should help you fill out the
forms and answer questions about the Housing Court. They are not
there, however, to provide legal advice.
Once the three forms are completed, the Order to Show Cause will
be submitted to and signed by a judge. It must then be served on
both your landlord and the City's housing agency. The Clerk's
office will tell you how to do this.
The Order to Show Cause will contain the date, time, and
courtroom at which you and the landlord must appear for a
hearing. The procedures are then the same as those explained in
the previous section.
REACHING A DECISION
There are several possible decisions a judge may reach in a
tenant-landlord dispute, depending on the merits of your case.
You may be permitted to continue to withhold rent until the
violations are corrected, or the judge may order that you deposit
the rent money in an account maintained by the court. If the
dispute concerns unresolved repairs, the judge may set a date by
which the repairs must be completed.
In some instances, the judge may permit you to keep some or all
of the withheld rent (called a "rent abatement") in order to
compensate you for any inconvenience or hardship caused by the
problem in your apartment.
If the judge feels there is no merit to your case, you may be
directed to pay all of the withheld rent to your landlord. In
this case, you will have a maximum of five days in which to make
the payment. If you miss this deadline, you will be in default
and may be evicted.
Whoever loses the case, may also be directed to pay the court
costs of the winner.
Do not leave the court room until you are absolutely sure you
understand the judge's decision. Don't hesitate to ask for
further information or a clarification.
It is also important to remember that, although Housing Court is
more informal than most, it is still a court of law. Judges are
entrusted to arrive at solutions that assure that apartments are
kept in good condition, that the rights and obligations of
tenants and landlords are preserved, and that repairs are made
quickly.
TENANT ORGANIZING
"There is strength in numbers!" That familiar adage is especially
true in tenant-landlord disputes. The most effective way of
ensuring that your rights are protected and your building
maintained is for the tenants to establish a united, active
tenants organization.
You have the legal right to organize, and landlords are
prohibited by law from interfering with or retaliating against
activist tenants.
There are numerous tenant groups throughout the City with
expertise in helping to establish fledgling building
organizations. They can give you pointers on how to set up an
effective structure, develop a means of communicating with your
neighbors, and further educate you about the rights and
responsibilities you have as a New York City tenant.
Don't wait for a problem to materialize before you organize. A
tenants organization is a good way to meet your neighbors,
enhance the security of your building, and put your landlord on
notice that you expect good service.
THE AGENCIES
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ADMINISTRATIVE AGENCIES
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
Gertz Plaza Office Building
92-31 Union Hall Street
Jamaica, New York 11433
Telephone Information:
(718) 739-6400
DHCR informs rent controlled and rent stabilized tenants
about their rights under the State's housing laws, and
resolves tenant-landlord disputes through administrative
proceedings.
BOROUGH RENT OFFICES:
LOWER MANHATTAN OFFICE (south of 110th Street)
156 William Street, 9th Floor, New York, N.Y. 10038
(212) 240-6000
UPPER MANHATTAN OFFICE
Adam Clayton Powell, Jr. State Office Building
163 West 125th Street, 5th Floor, New York, N.Y. 10027
(212) 870-8930
BROOKLYN OFFICE
One Pierrepont Plaza, 11th Floor, Brooklyn, N.Y. 11201
(718) 643-7570
QUEENS OFFICE
Gertz Plaza Office Building
92-31 Union Hall Street, Jamaica, New York 11433
(718) 739-6400
BRONX OFFICE
1 Fordham Plaza, 2nd Floor, Bronx, New York 10458
718-563-5678
STATEN ISLAND OFFICE
350 St. Mark's Place, Room 105, Staten Island, N.Y. 10301
(718) 816-0277
RENT SECURITY DEPOSITS -- CO-OP AND CONDO CONVERSIONS
ATTORNEY GENERAL (NYS Department of Law)
120 Broadway, New York, N.Y. 10271
(212) 341-2000
The Attorney General's office assists tenants in obtaining
interest on and return of security deposits. It reviews
offerings to convert buildings to co-ops and condominiums,
and provides tenants with information regarding their
rights.
CODE VIOLATIONS AND INSPECTIONS
NYC DEPARTMENT OF HOUSING, PRESERVATION & DEVELOPMENT
CENTRAL COMPLAINTS BUREAU
215 West 125th Street, New York, N.Y. 10027 (212) 824-4328
Central Complaints maintains a 24-hour hotline to receive
complaints about heat hot water and other housing code
violations.
DIVISION OF CODE ENFORCEMENT (Manhattan Office)
39 Broadway, 9th Floor, New York, N.Y. 10006
(212) 248-6355
Maintains a central registry of violations and inspection
reports on apartments, and receives complaints regarding non-
emergency code violations.
LEGAL ACTION
MANHATTAN CIVIL COURT/HOUSING DIVISION
111 Centre Street, New York, N .Y. 10013
(212) 374-4646/374-4647
Housing Court adjudicates disputes between landlords and
tenants in legal proceedings.
NYC DEPT. OF HOUSING PRESERVATION & DEVELOPMENT
CENTRAL INFORMATION UNIT
17 John Street, New York, N.Y. 10038
(212) 566-HOME
The Central Information Unit provides information about HPD
programs and policies and information for tenants who must
appear in Housing Court.
LEGAL ADVOCACY FOR LOW INCOME TENANTS
COMMUNITY ACTION FOR LEGAL SERVICES (CALS)
335 Broadway, New York, N.Y. 10013
(212) 431-7200
LEGAL AID SOCIETY
15 Park Row, New York, N.Y. 10038
(212) 577-3300
Chelsea Office:
111 8th Avenue, New York, N.Y. 10001
(212) 522-6673
MFY LEGAL SERVICES
Uptown Office:
759 10th Avenue, New York, N.Y. 10019
(212) 581 -2810
Downtown Offices:
35 Avenue A, New York, N.Y. 10009
(212) 475-8000
223 Grand Street, New York, N.Y. 10013
(212) 966-7410
JEWISH BOARD OF FAMILY AND CHILDREN'S SERVICES
120 West 57th Street, New York, N.Y. 10019 (212) 582-9100
SINGLE ROOM OCCUPANCY (SRO) HOUSING
NYC OFFICE FOR HOMELESS AND SRO HOUSING SERVICES
52 Chambers Street, Room 400, New York, N.Y. 10007
(212) 566-3200
WEST SIDE SRO LAW PROJECT
593 Columbus Avenue, New York, N.Y. 10024
(212) 799-9638
HPD SENIOR CITIZEN RENT INCREASE EXEMPTION PROGRAM
APPLICATIONS AND INFORMATION
17 John Street, New York, N.Y. 10038
(212) 566-5541
The phone numbers and addresses of these offices are in
effect as of December, 1989. Before visiting any of these
offices, it is advisable to phone beforehand to confirm the
location, as some addresses may be subject to change.
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Copyright April 1990 by former NYS Senator Manfred Ohrenstein
who represented portions of New York City. Permission for
electronic publication is given by the Office of Senator
Ohrenstein and may be freely reproduced electronically as
long as no editing occurs and as long all disclaimers and the opening
and closing informational banners appearing in this document
remain intact. For any other type of publication or distribution,
contact the Senator’s office.
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