=========================================================== Tenant Rights -- Frequently Asked Questions (FAQ) sponsored by TenantNet Web: http://tenant.net email: tenant@tenant.net =========================================================== In lieu of writing a FAQ from scratch (at least for right now), the following two documents will serve as a tenant FAQ. 1. The Renter's Handbook - by former NYS Senator Manfred Ohrenstein 2. Tenants' Rights - issued by the NYS Attorney General's office [note: this is the 1987 edition; the 1996 edition is available in the Tenants Rights section.] These two booklets can also be found as separate files in the Tenants Rights section of TenantNet. This FAQ is primarily of interest to New York tenants. These booklets were issued a few years ago and there have been changes in the rent laws since then, most notably the Rent "Reform" Act of 1993 which severely gutted the rent regulatory system. In addition to establishing a means test for the first time (for no other reason than to justify right-wing criticism of the rent laws) by the enactment of High Income and High Rent Decontrol, the RRA of 1993 also gutted any meaningful enforcement of apartment registration which is the foundation of the regulatory system. Although there is still a requirement to register apartments, in general all penalties for not doing so have been removed. =========================================================== THE RENTER'S HANDBOOK Senate Minority Leader Manfred Ohrenstein (c) April, 1990 ------------ 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] -------------------------------------------------------------- TABLE OF CONTENTS YOUR RENT --------- Leases Registration Overcharges YOUR RIGHTS ----------- 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 ------------- Administrative Procedures Administrative Solutions Legal Action Withholding Rent Housing Court Tenant-Initiated Actions Reaching A Decision Tenant Organizing The Agencies -------------------------------------------------------------- -------------------------------------------------------------- YOUR RENT --------- 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 ----------- 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 ------------- 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 ------------ 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) 961-8930 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 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. =============================================================== Copyright April 1990 by former NYS Senator Manfred Ohrenstein who represented portions of New York, NY. Permission for electronic publication is given by the Office of Senator Ohrenstein and may be freely reproduced electronically as long as no editing occurs, as long all disclaimers appearing in this document are retained, indicating the material may not be current, that Senator Ohrenstein is credited with authorship, and that the electronic version of this document originated with TenantNet. For any other type of publication or distribution, contact the Senator’s office. --------------------------------------------------------------- =========================================================== =========================================================== TENANT'S RIGHTS Fourth Edition 1987 State of New York Department of Law 120 Broadway New York, NY 10271 ROBERT ABRAMS Attorney General Dear New Yorker: With today's tight rental market, rising rents, buildings going co-op, and apartments getting harder to find, it is vital that tenants throughout New York State know about the laws affecting rental housing. More and more New Yorkers are writing to me and visiting my offices throughout the state asking for advice on landlord/tenant matters. That is why I have published this handbook which summarizes and explains the laws tenants need to know. I hope that this book is helpful to you. Tenants have important rights under rent stabilization and rent control laws which limit rent increases and require certain levels of service. On April 1, 1984, the entire rent regulatory system became administered by the State Division of Housing and Community Renewal (DHCR). Tenants now file complaints with that agency to help protect their rights. Tenants faced with the possibility that their building will be converted to cooperative or condominium ownership should write for a copy of my COOPERATIVE AND CONDOMINIUM CONVERSION HANDBOOK. Free copies are available from my offices listed at the end of this book. New Yorkers who need additional assistance or information about landlord/tenant matters should write or visit my nearest local office. Sincerely, Robert Abrams **************************************************************** CONTENTS 1. Warranty of Habitability 2. Landlord's Duty of Repair 3. Leases 4. Plain English Lease 5. Unconscionable Lease Clauses 6. Month-to-Month Tenants 7. Eviction 8. Landlords' Negligence 9. Attorneys' Fees 10. Tenants' Organizations 11. Retaliation 12. Right of Privacy 13. Discrimination 14. Real Estate Brokers 15. Apartment Referral Agencies 16. Key Money 17. Rent Security Deposits 18. Rent Receipts 19. Rent Overcharging 20. Subletting or Assigning Leases 21. Apartment Sharing 22. Safety 23. Entrance Door Locks and Intercoms 24. Lobby Attendant Service 25. Elevator Mirrors 26. Locks, Peepholes and Mail 27. Smoke Detectors 28. Window Guards 29. Lead Paint 30. Pets 31. Heating Season 32. Truth In Heating 33. Continuation of Utility Service 34. Oil Payments 35. Mobile Home Park Tenants 36. Loft Tenants 37. Residential Hotels 38. For Further Information **************************************************************** TENANTS' RIGHTS The rights of tenants in New York State are protected by a variety of laws. The Multiple Dwelling Law applies in New York City and Buffalo. The Multiple Residence Law covers all cities of fewer than 400,000 people and all towns and villages. (A multiple dwelling has three or more apartments.) These and other laws are cited, where they apply. WARRANTY OF HABITABILITY Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to cooperative apartments. (Real Property Law Sec. 235-b) If a landlord breaches the warranty, the tenant may sue for a rent reduction. The tenant may also withhold rent, but in response, the landlord may sue the tenant for non-payment of rent. In such a case, the tenant may counter-sue for breach of the warranty. Rent reductions may be ordered if a court finds that the landlord violated the warranty of habitability. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services. A landlord's liability for damages is limited when the failure to provide services is the result of a union-wide building workers' strike. However, a court may award damages to a tenant equal to a share of the landlord's net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services. In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. 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. Tenants should keep receipts for such repairs. LANDLORD'S DUTY OF REPAIR Landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair." Landlords are required to maintain electrical, plumbing, sanitary, heating, and ventilating systems in good and safe working order. Landlords must also keep in good working order appliances they install, such as refrigerators and stoves. Landlords also have a legal duty to keep every part of a multiple dwelling clean and free of vermin, dirt, garbage or other offensive material. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law Sec. 78; 80; Multiple Residence Law Sec. 174) LEASES A lease is a contract between a landlord and tenant which contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree. A lease may be oral or written. However, an oral lease for more than one year cannot be enforced. (General Obligations Law Sec. 5-701) Tenants who rent apartments not covered by rent stabilization or rent control must negotiate the rent, the duration of the rental, and the conditions of occupancy with their landlords. These matters must also be negotiated when the lease is up for renewal. Some leases contain an automatic renewal clause. Because this can be a trap for unwary tenants, landlords are required to give tenants advance notice of the existence of an automatic renewal clause. Landlords must give this notice 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 Sec. 5- 905) Unless the lease states otherwise, the landlord is obligated to deliver possession of the apartment to the tenant at the beginning of the tenancy. If the landlord fails to do so, the tenant has the right to cancel the lease and obtain a full refund of any deposit. (Real Property Law Sec. 223-a) A lease provision which requires a tenant to pledge his/her household furniture as security for rent is void. (Real Property Law Sec. 231) Tenants protected by rent stabilization have the right to either a one or two year lease when they move into an apartment and when they renew their leases. The renewal leases for rent stabilized tenants must be on the same terms and conditions as the prior lease and rent increases, if any, are limited by law. New York City rent stabilized tenants are entitled to receive from their landlords a fully executed copy of their signed lease no more than 30 days after the tenant signs the lease. The lease's beginning and ending date must be stated. (L. 1984 Ch. 439) PLAIN ENGLISH LEASE 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 read easily. (General Obligations Law Sec. 5-702; C.P.L.R. Sec. 4544) UNCONSCIONABLE LEASE CLAUSES Most landlords use printed form leases which they ask tenants to sign on a take-it-or-leave-it basis. The law does not require that any particular lease be used. Since tenants often have no meaningful opportunity to reject lease provisions, the courts may refuse to enforce a provision found to be unreasonably favorable to the landlord. Nevertheless, read your lease and all riders carefully before you sign. Do not rely on oral promises; make sure that all promises and agreements are written in the lease before signing it. It is wise to consult an attorney if you have any questions about your lease. (Real Property Law Sec. 235-c) MONTH-TO-MONTH TENANTS Tenants who do not have leases and pay rent on a monthly basis are called month-to-month tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. A month-to-month tenancy may be terminated by either party by giving at least one month notice before the expiration of the term. For example, suppose your rent is due on the first of each month. Your landlord must tell you by September 30th before your October rent is due that he wants you to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. A landlord cannot unilaterally raise the rent of a month-to-month tenant without the consent of the tenant. However, if the tenant does not consent, the landlord can terminate the tenancy by giving appropriate notice. In New York City, the landlord must serve the tenant a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. A termination notice does not automatically allow the landlord to evict the tenant. The landlord must first bring an eviction proceeding in court and prove the case. (Real Property Law Sec. 232-a; Sec. 232-b; Sec. 232-c) EVICTION To evict a tenant a landlord must sue in court and win the case. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL Sec. 749) A landlord cannot take the law into his/her own hands and evict a tenant by use of force or unlawful means, For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law Sec. 235) A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover treble damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL Sec. 5 713, Sec. 853; N.Y.C. Local Law 56, 1982) When a tenant is evicted, the landlord has no right to retain the tenant's personal belongings or furniture. It is wise to consult an attorney to protect your legal rights if your landlord seeks possession of your apartment. Never ignore legal papers. LANDLORDS' NEGLIGENCE Lease provisions which exempt landlords from liability for injuries to persons or property caused by the landlord's negligence -- or that of his employees -- are null and void. Further, a lease provision that waives the tenant's right to a Jury trial in any lawsuit against a landlord for personal injury or property damage is also null and void. (General Obligations Law Sec. 5-321; Real Property Law 5 259-c) ATTORNEYS' FEES Many leases provide that landlords are entitled to collect attorneys' fees from tenants. Under this provision, tenants who successfully sue their landlords automatically have the same right to recover reasonable attorneys' fees and expenses from the landlord whether the lease says so, or not. (Real Property Law Sec. 234) TENANTS' ORGANIZATIONS Tenants have a legal right to organize. They may form, join, and participate in tenants' organizations for the purpose of protecting their rights. Landlords may not harass or penalize tenants who exercise this right. Tenants' groups have the right to meet at reasonable hours in any common area in their building, such as lobbies and halls. (Real Property Law Sec. 230) RETALIATION Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants (a) make good faith complaints to a government agency about violations of any health or safety laws; or (b) take good faith actions to protect rights under their lease; or (c) participate in tenants' organizations: Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units. (Real Property Law Sec. 223-b) RIGHT OF PRIVACY Tenants have the right to privacy within their apartments. However, a landlord may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. DISCRIMINATION Landlords may not refuse to lease accommodations to, refuse to renew leases of, or otherwise discriminate against any person or group of persons because of race, creed, color, national origin, sex, disability, age or marital status. (Executive Law Sec. 296(5)) Landlords may not refuse to lease an apartment or discriminate against any person in the terms and conditions of the rental because that person has children living with them. For example, landlords may not impose a so-called "family surcharge." Aggrieved families may bring a lawsuit for damages and for an injunction against a landlord who violates this law. (Real Property Law Sec. 236) In addition, a lease may not require that tenants agree to remain childless during their tenancy. (Real Property Law Sec. 237) In New York City, landlords may not refuse to lease an apartment solely for residential purposes or discriminate in the terms and conditions of the rental because of a person's lawful occupation. For example, a landlord's "no lawyer" or "no actor" rental policy is prohibited. Aggrieved tenants should complain to the New York City Human Rights Commission. (NYC Local Law 59, 1486) REAL ESTATE BROKERS Consumers may retain a real estate broker to find a suitable apartment. The state licenses real estate brokers and salespersons. Brokers charge a commission for their services which is usually a stated percentage of the first year's rent. The amount of the commission is not set by law and should be negotiated between the parties. The broker must assist you in finding and obtaining an apartment before he may charge you a commission. The fee should not be paid until you are offered a lease signed by the landlord. Complaints against real estate brokers should be brought to the attention of the New York Department of State. (Real Property Law, Article 12-A) APARTMENT REFERRAL AGENCIES Businesses that for advance fees provide information about the location and availability of rental housing must be licensed by the state. The fees charged by these firms may not exceed one month's rent. When the information the firms provide does not result in a rental, the entire pre-paid fee, less $15.00, must be returned to the tenant. Criminal prosecutions for violations of this law may be brought by the Attorney General. (Real Property Law, Article 12-C) KEY MONEY It is illegal for a landlord, superintendent or managing agent to require a prospective tenant to pay a bonus -- commonly called "key money" -- above the lawful rent and security deposit for preference in renting a vacant apartment, RENT SECURITY DEPOSITS Virtually all leases require tenants to give their landlords a security deposit. The security deposit is generally limited to one month's rent if the apartment is covered by the Rent Stabilization Law. The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. A landlord may use the security deposit only: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; and (b) as reimbursement for any unpaid rent. The law requires all landlords, regardless of the number of units in the building, to treat the deposits as trust funds belonging to their tenants. Landlords are prohibited from mingling the deposits with their own money. Landlords of buildings with six or more apartments must put all security deposits in New York bank accounts earning interest at the prevailing rate. Each tenant must be informed in writing of the bank's name and address and the amount of the deposit. Landlords are entitled to annual administrative expenses of 1% of the deposit. All other interest earned on the deposits belongs to the tenants. 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. If the building has fewer than six apartments, a landlord who voluntarily places the security deposits in an interest bearing bank account must also pay interest to tenants and may retain the same 1% annual administrative fee. These rules also apply to mobile home parks. For example: A tenant pays a security deposit of $400.00. The landlord places the deposit in an interest bearing bank account paying 5.5%. At the end of the year the account will have earned interest of $22.00. The tenant is entitled to $18.00 and the landlord may retain $4.00, 1% of the deposit, as an administrative fee. 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 in New York City or in Westchester, Nassau or Rockland Counties 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. Purchasers of rent-controlled buildings or buildings containing six or more apartments where tenants have written leases are directly responsible to tenants for the return of security deposits and interest in cases where the purchaser has "actual knowledge" of the security deposits. The law defines specifically when a new owner is deemed to have "actual knowledge" of the security deposits. When problems arise tenants should first try to resolve them with the landlord before taking other action. If a dispute cannot be resolved, contact the nearest local office of the Attorney General, listed at the end of this booklet. (General Obligations Law, Article 7) RENT RECEIPTS Landlords must provide tenants with a written receipt when rent is paid in cash, a money order, a cashier's check or in any form other than the personal check or a tenant. The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number. The receipt must be signed by the person receiving the payment and state his or her title. (Real Property Law Sec. 235-e) RENT OVERCHARGING In New York City and certain communities in Nassau, Rockland and Westchester counties where rent stabilization laws apply, the landlord may not charge more than the legal regulated rent. Under the new housing law enacted in 1983, landlords must register each rent stabilized apartment with the state Division of Housing and Community Renewal (DHCR) and provide tenants with a copy of the registration statement. Landlords were required to register initially prior to July 1, 1984. The initial registration form contains the rent charged on April 1, 1984 and the services and equipment provided to the apartment. The legal regulated rent is either (1) the registered rent, unless challenged by the tenant within 90 days of the mailing or delivery to the tenant of the registration statement; or (2) the rent set by DHCR, if the registered rent is successfully challenged. If successfully challenged, the landlord is liable to the tenant for any overcharge that was collected within the past four years. The tenant is also entitled to recover interest plus reasonable costs and attorney's fees for the overcharge proceeding. Where a rent overcharge occurs after initial registration, a tenant must file a complaint within four years of the date of the first overcharge claimed. Landlords are liable for the amount of the overcharge plus interest from the date of the overcharge for the period beginning four years before the complaint is filed. The tenant is also entitled to recover reasonable costs and attorney's fees for the overcharge proceeding.. In addition, 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 the overcharge is not willful. However, this treble damages penalty is limited to two years and does not apply to an overcharge which occurred prior to April 1, 1984. Over $14 million. in rent overcharges have been refunded to rent stabilized tenants as a result of investigations by the Attorney General's office: Contact the Attorney General's office if you believe that your landlord has engaged in a pattern of rent overcharging. SUBLETTING OR ASSIGNING LEASES Subletting and assignment are methods of transferring the tenant's legal interest in an apartment to another person. A sublet transfers less than the tenant's entire interest while an assignment transfers the entire interest. A tenant's right to assign the lease is much more restricted than the right to sublet. A tenant may not assign the lease without the landlord's written consent. The landlord may withhold consent without cause. If the landlord reasonably refuses consent, the tenant cannot assign and is not entitled to be released from the lease. If the landlord unreasonably refuses consent, the tenant is entitled to be released from the lease after 30 days notice. Tenants with leases who live in buildings with four or more apartments have the right to sublet with the landlord's advance consent. The landlord cannot unreasonably withhold consent. If the landlord consents to the sublet, the tenant remains liable to the landlord for the obligations of the lease. 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. A court must decide whether the particular grounds given are reasonable. If the landlord denies the sublet on unreasonable grounds, the tenant may sublet. If a lawsuit results, the tenant may recover court costs and attorney's fees if a judge rules that the landlord denied the sublet in bad faith. These steps must be followed by tenants wishing to sublet: 1) The tenant must send a written request to the landlord by certified mail, return-receipt requested. The request must contain the following information: (a) the length of the sublease; (b) the name, home and business address of the proposed subtenant; (c) the reason for subletting; (d) the tenant's address during the sublet; (e) the written consent of any co-tenant or guarantor; (f) a copy of the proposed sublease together with a copy of the tenant's own lease, if available. 2) Within 10 days after the mailing of this request, the landlord may ask the tenant for additional information to help make a decision. Any request for additional information may not be unduly burdensome. 3) Within 30 days after the mailing of the tenant's request to sublet or the additional information requested by the landlord, whichever is later, the landlord must send the tenant a notice of consent, or if consent is denied, the reasons for denial. A landlord's failure to send this written notice is considered consent to sublet. 4) A landlord cannot use a lease clause requiring a tenant to waive the right to sublet. 5) A sublet or assignment which does not comply with the law may be grounds for eviction. In addition to these sublet rules, there are additional requirements limited to rent stabilized tenants. These rules include the following: (a) The rent charged to the subtenant cannot exceed the stabilized rent except in the case of a furnished sublet when the tenant may collect an additional 10%. A subtenant who is overcharged may sue the prime tenant to recover treble damages plus interest and attorney's fees. (b) The prime tenant must establish that at all times he/she has maintained the apartment as a primary residence and intends to reoccupy it at the end of the sublet. (c) The prime tenant, not the subtenant, retains the rights to a renewal lease and any rights resulting from a co-op conversion. The term of a sublease may extend beyond the term of the prime tenant's lease. The tenant may not sublet for more than two years within any four-year period. (Real Property Law Sec. 226-b, RSL Sec. YY51-6.0(12)) APARTMENT SHARING It is unlawful for a landlord by a lease clause to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant's dependent children. When the lease names more than one tenant, these tenants may share their apartment with immediate family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant's spouse must occupy the shared apartment as his or her primary residence. Tenants must inform their landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord's request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord's express consent. Landlords may continue to limit the total number of people living in an apartment to comply with legal overcrowding standards. Tenants can sue landlords who violate this law for an injunction, actual damages and court costs. (Real Property Law Sec. 235-f) SAFETY Tenants who are victims of crimes in their building or apartment, and who are able to prove that the criminal took advantage of the landlord's failure to make the building reasonably safe, may be able to recover personal and property damages from the landlord. ENTRANCE DOOR LOCKS AND INTERCOMS Multiple dwellings which were built or converted to such use after January l, 1968 must have automatic self-closing and self- locking doors at all entrances. These doors must be kept locked at all times -- except when an attendant is on duty. If this type of building contains eight or more apartments it must also have a two-way voice intercom system from each apartment to the front door and tenants must be able to "buzz" open the entrance door for visitors. Multiple dwellings built or converted to such use prior to January l, 1968 also must have self-locking doors and a two-way intercom system if requested by a majority of the tenants. Landlords may recover from tenants the cost of providing this equipment. (Multiple Dwelling Law Sec. 50-a) LOBBY ATTENDANT SERVICE Tenants of multiple dwellings with eight or more apartments, are entitled to maintain a lobby attendant service for their safety and security, whenever any attendant provided by the landlord is not on duty. (Multiple Dwelling Law Sec. 50-c) ELEVATOR MIRRORS There must be a mirror in each self-service elevator in multiple dwellings so that people may see -- prior to entering -if anyone is already in the elevator. (Multiple Dwelling law Sec. 51-b) LOCKS, PEEPHOLES AND MAIL 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. The lock may be no more than three inches in circumference, and tenants must provide their landlord with a duplicate key upon request. The landlord must provide a peephole in the entrance door of each apartment. Landlords of multiple dwellings in New York City must also install a chain-door guard on the entrance door to each apartment so as to permit partial opening of the door. (Multiple Dwelling Law Sec. 51-a, 51-c; NYC Admin. Code Sec. D26-20.05) United States Postal regulations require landlords of buildings containing three or more apartments to provide secure mail boxes for each apartment unless the management has arranged to distribute the mail to each apartment. Landlords must keep the mail boxes and locks in good repair. SMOKE DETECTORS Landlords of multiple dwellings in New York City must install one or more approved smoke detectors in each apartment, within 15 feet of any room used for sleeping. Tenants may be asked to reimburse the owner up to $10.00 for the cost of purchasing and installing each battery-operated detector. During the first year of use, landlords must repair or replace any broken detector if its malfunction is not the tenant's fault. Tenants should test their detectors frequently to make sure they work properly. (NYC Local Law 62, 1981) WINDOW GUARDS Landlords of multiple dwellings in New York City must install government approved window guards in each window in any apartment where a child ten years old or younger lives. Tenants are required to have such guards installed. In other cases, landlords are required to install window guards provided the tenant requests them. Windows giving access to fire escapes are excluded. Protective guards must also be installed on the windows of all public hallways. Landlords must give tenants an annual notice about their rights to window guards and must provide this information in a lease rider. Rent controlled and stabilized tenants may be charged for these guards. (NYC Health Code Sec. 131.15, Local Law 33, 1986) LEAD PAINT Landlords of apartments in multiple dwellings in New York City where a child 6 years old or younger lives must protect against the possibility that children will eat peeling paint chips containing dangerous lead based paint. Landlords must remove or cover apartment walls and other areas painted with lead based paint. The law presumes that lead based paint was used if the paint is peeling in an apartment in a building built prior to January 1, 1960. (NYC Local Law 1, 1982) PETS Tenants may keep pets in their apartments if their lease permits pets or is silent on the subject. Landlords may be able to evict tenants who violate a lease provision prohibiting pets. But tenants in multiple dwellings in New York City have important protection against no pet lease clauses. Where a tenant has "open and notoriously" kept a pet for at least three months and the owner of the building or his agent has knowledge of this fact, then the landlord waives a no pet clause. However, this protection does not apply where the animal causes damage, is a nuisance or substantially interferes with other tenants. (NYC Administrative Code Sec. D: 26-10.10) Tenants who are blind or deaf are permitted to have guide dogs regardless of a no pet clause in their lease. (Civil Rights Law Sec. 47) HEATING SEASON Heat must be supplied from October 1 through May 31, to tenants in multiple dwellings if: a) the outdoor temperature falls below 55 degrees Fahrenheit, between 6 A.M. and 10 P.M. each apartment must be heated to a temperature of at least 68 degrees Fahrenheit; (b) the outdoor temperature falls below 40 degrees Fahrenheit, between the hours of 10 P.M. and 6 A.M. each apartment must be heated to a temperature of at least 55 degrees Fahrenheit. (Multiple Dwelling Law Sec. 79) TRUTH IN HEATING Before signing a lease requiring payment of individual heating and cooling bills, prospective tenants are entitled to receive a complete set or summary of the past two years' bills. These copies must be provided free upon written request. This law encourages landlords to make buildings more energy efficient and helps prospective tenants to more accurately calculate their expenses. The State Energy Office can help tenants with related problems. (Energy Law Sec. 17-103) CONTINUATION OF UTILITY SERVICE When the landlord of a multiple dwelling is delinquent in paying utility bills, the utility must give advance written notice to tenants and to certain government agencies of its intent to discontinue service. Service may not be discontinued if tenants pay the landlord's current bill directly to the utility company. Tenants can deduct these charges from future rent payments. The Public Service Commission can assist tenants with related problems. If a multiple dwelling's landlord fails to pay a utility bill and service is discontinued, tenants can receive payment for damages from the landlord. (Real Property Law Sec. 235-a; Public Service Law Sec. 33) OIL PAYMENTS Tenants in oil heated multiple dwellings may contract with an oil dealer, and pay for oil deliveries to their building, when the landlord fails to assure a sufficient fuel supply. These payments are deductible from rent. Local housing officials have lists of oil dealers who will make fuel deliveries under these circumstances. (Multiple Dwelling Law Sec. 302-c; Multiple Residence Law Sec. 305-c ) MOBILE HOME PARK TENANTS Mobile home park tenants must be offered initially at least a one year lease. This offer must be made in writing and prior to a tenant's occupancy. Tenants may not be evicted without statutory cause such as non- payment of rent or continuing in occupancy after expiration of the term of tenancy. Tenants who breach lease provisions or rules and regulations must be afforded a ten-day right to cure the breach before the owner may commence eviction proceedings. No tenant may be charged a fee for other than rent, utilities and charges for facilities and available services. All fees and charges must be reasonably related to services actually furnished. Park owners must provide a 90-day written notice to tenants who do not have leases, prior to an increase in rent or other charges. A copy of all rules and regulations must be furnished to tenants at the commencement of occupancy. The rules must be posted in the park and cannot be changed until all tenants receive at least 30 days prior written notice. Owners may not adopt unreasonable rules. Late rent payment charges are limited to no more than 5 percent of any unpaid balance after a 10 day-grace period. Mobile home park tenants enjoy many of the same legal rights as apartment tenants. For example, the warranty of habitability requires the owner to maintain properly all common areas and roads in the park. Owners may not discriminate against families with children. Park tenants have the right to sell their mobile homes within the park during the lease period on prior notice to the owner. An owner who rejects a tenant's prospective purchaser must inform the tenant in writing of the reasons for the rejection. A tenant may recover legal costs and attorney's fees if it is found that a park owner acted in bad faith in withholding permission to sell. Park owners cannot require tenants to pay them a commission or fee in connection with the sale of a mobile home unless the park owner actually acts as a sales agent pursuant to a written contract. Owners may not foster park monopolies. For example, in an effort to control park laundry facilities, an owner cannot bar an outside contractor, hired by the tenant, from installing a washing machine in the tenant's home. A mobile home tenant may sue a park owner for actual damages if the owner violates the tenant's rights. (Real Property Law Sec. 233) LOFT TENANTS Commercial buildings located in certain areas in New York City which on December 1, 1981 were occupied as the home of three or more families since April 1980, must comply with the city's building code. The costs of compliance will be passed on to tenants through rent increases over a 10 or 15 year period. Loft tenants are afforded the protections of the Rent Stabilization Law Tenants have the right to sell improvements they have made to their lofts. They must first offer to sell the improvements to their landlord at fair market value. If the landlord refuses the offer, the loft tenant may sell the improvements to the incoming tenant. Tenants should bring complaints to the attention of the New York City Loft Board. (Multiple Dwelling Law, Article 7-c) RESIDENTIAL HOTEL TENANTS An investigation by the Attorney General's Office demonstrated that many New York City apartment houses are masquerading as hotels to take advantage of hotel stabilization status. Hotels that no longer provide customary hotel services (maid service, linens, furnishings and front desk) may be placed under apartment stabilization by DHCR. Hotels mat no longer charge a free market rent when an apartment becomes vacant, but are limited to increases prescribed by the Rent Guidelines Board. (L. 1983 ch. 403 and 448). FOR FURTHER INFORMATION The entire rent regulatory system is administered by the State Division of Housing and Community Renewal. Their offices of rent administration are listed below: CENTRAL OFFICES New York City One Fordham Plaza Bronx, NY 10458 718-563-5678 Office of Rent Administration Queens Rent Office 92-31 Union Hall Street Jamaica, N.Y. 11431 (718) 739-6400 DISTRICT RENT OFFICES Lower Manhattan 156 William Street New York, N.Y. 10007 (212) 240-6000 Upper Manhattan Adam Clayton Powell, State Office Bldg. 163 W. 125th Street, New York, N.Y. 10027 (212) 870-8930 Brooklyn 250 Schermerhorn Street Brooklyn, NY 11201 (718) 643-7570 Staten Island 350 St. Marks P1., Room 105 Staten Island, N.Y. 10301 (718) 816-0277 Nassau County 50 Clinton Avenue, 6th fl. - Room 605 Hempstead, N.Y. 11550 (516) 481-9494 Westchester County 55 Church Street, 3rd fl. White Plains, N.Y. 10601 (914) 948-4434 RENT HOTLINE: (718) 739-6400 (rent stabilization & rent control) HARASSMENT UNIT 156 Williams Street New York, NY 10007 (212) 240-6021 Albany Hampton Plaza 38-40 State Street Albany, NY 12207 (518) 473-2517 Buffalo Ellicott Square Bldg. 295 Main Street, Rm. 446 Buffalo, N.Y. 14203 (716) 856-1382 OTHER AGENCIES New York State Public Service Commission 400 Broome Street, Fifth Floor New York, NY 10013 (212) 219-3550 (utilities) New York State Energy Office Two Rockefeller Plaza Albany, NY 12223 (800) 342-3722 (energy) State of New York, Department of State Division of Licensing Services 270 Broadway New York, NY 10007 (212) 587-5747 (real estate brokers, agents) Additional free copies of Revised Edition Tenant's Rights are available from the Office of Public Information, New York State Department of Law, 120 Broadway, New York, NY 10271 or from any regional office of Attorney General Robert Abrams. Written by Assistant Attorney General Sandy Mindell in conjunction with John Corwin, Assistant Attorney General in charge of the Consumer Frauds and Protection Bureau. Produced for the Attorney General by the Office of Public Information, Joan Libby, Director. OFFICES OF THE ATTORNEY GENERAL The Capitol Albany, New York 12224 (518) 474-5481 120 Broadway New York, New York 10271 (212) 341-2345 59-61 Court Street, 7th Floor Binghamton, New York 13901 (607) 773-7797 65 Court Street Buffalo, New York 14202 (716) 847-7184 300 Motor Parkway Hauppauge, New York 11788 (516) 231-2400 190 Willis Avenue Mineola, New York 11501 (516) 742-3700 Adam Clayton Powell Jr. State Office Building 163 West 125 Street New York, New York 10027 (212) 870-4475 70 Clinton Street Plattsburgh, New York 12901 (518) 563-8012 235 Main Street Poughkeepsie, New York 12601 (914) 485-3900 144 Exchange Boulevard Rochester, New York 14614 (716) 546-7430 615 Erie Boulevard West Suite 102 Syracuse, New York 13202 (315) 426-4800 207 Genesee Street Utica, New York 13501 (315) 793-2225 317 Washington Street Watertown, New York 13601 (315) 785-2444 202 Mamaroneck Avenue White Plains, New York 10601 (914) 997-6230 =========================================================== The Renters Handbook is copyright 1990 by Manfred Ohrenstein. 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