Residential Tenants' Rights Guide

Residential

Tenants’ Rights

Guide

Renter’s Rights and Protections

Under New York State Law

The contract between a tenant and

landlord, whether based on a written

lease or a handshake, is one of the

most common and important deals

made across our state. It deﬁnes

how renters will enjoy their home,

how owners will maintain their

property, and it can even affect a

neighborhood’s stability.

In New York State, there are several

different laws governing this

relationship, which can vary depending on the county or town

where you live. This booklet explains many of these laws you

need to know and provides resources where you can ﬁnd more

information about landlord and tenant issues. If you have

questions about any of the material covered in this guide,

or you need our assistance with a tenant matter, please do

not hesitate to contact my ofﬁce at (800) 771-7755 or visit my

website at ag.ny.gov.

Sincerely,

Dear Friends:

Residential Tenant’s Rights Guide

Types of Housing ......................................................................... 6

Leases ..........................................................................................10

Rent .............................................................................................. 16

Lease Succession or Termination ............................................ 26

Habitability and Repairs ........................................................... 38

Safety ..........................................................................................44

Utility Services ............................................................................ 50

Tenants’ Personal Protections ...................................................52

Manufactured and Mobile Homes .......................................... 58

Finding An Apartment .............................................................. 62

Resources ...................................................................................64

Table of Contents

Types of Housing

The two types of rent regulation in New York State are rent control and

rent stabilization. An individual tenant’s rights will depend, in part,

upon which regulations apply, although some apartments may have

multiple laws governing their tenancies. While tenants in rent regulated

or government subsidized apartments have special rights, many rules

and laws apply to both unregulated and regulated apartments.

To nd out whether an apartment is regulated,

contact the New York State Division of Housing

and Community Renewal at

portal.hcr.ny.gov/app/ask

Residental Tenant’s Rights Guide

Rent Regulated Housing

Rent Control

Rent control limits the rent an owner may charge for an apartment

and restricts the right of the owner to evict tenants. The rent control

program applies to residential buildings constructed before February

1947 in municipalities that have not declared an end to the postwar

rental housing emergency. Rent control is still in effect in New York

City and parts of Albany, Erie, Nassau, Rensselaer, Schenectady, and

Westchester counties.

For an apartment to be under rent control, the tenant or the tenant’s

lawful successor (such as a family member, spouse, or adult lifetime

partner) must have been living there continuously since before July 1,

1971 (and in some situations since April 1, 1953). When a rent controlled

apartment is vacated in New York City or most other localities,

it becomes rent stabilized. In New York City, each rent controlled

apartment has a maximum base rent that is adjusted every two years

to reﬂect changes in operating costs, but tenants’ rents cannot exceed

a Maximum Collectible Rent, which is adjusted annually and based on

an average of the past ﬁve years of Rent Guideline Board orders for

one year leases or 7.5% (whichever is lower). Tenants may challenge

increases if the Maximum Collectible Rent to the Maximum Base rent

being charged by the landlord exceeds the legal regulated rent, the

building has housing code violations, the owner’s expenses do not

warrant an increase, or the owner is not maintaining essential services.

Rent Control:

Limits the rent an owner may charge for an apartment

and restricts the right of the owner to evict tenants.

The rent control program applies to residential buildings

constructed before February, 1947 in municipalities that have

not declared an end to the postwar rental housing emergency.

Types of Housing

Rent Stabilization

In New York City, apartments are generally under rent stabilization if

they are:

• An apartment that is not otherwise rent controlled in a building

built before January 1, 1974 with six or more units;

• A formerly rent controlled apartments that became vacant

without a lawful successor;

• In a building with three or more apartments constructed or

extensively renovated on or after January 1, 1974 with special tax

beneﬁts, such as 421-a or J-51 tax abatements.

Outside New York City, rent stabilized apartments are generally found

in buildings with six or more apartments that were built before January

1, 1974.

Local Rent Guidelines Boards in New York City, Nassau, Rockland, and

Westchester counties set maximum rates for rent increases once a year

which are effective for one or two year leases beginning on or after

October 1 each year. Tenants in rent stabilized apartments are entitled

to required essential services and lease renewals on the same terms

and conditions as the original lease and may not be evicted except on

grounds allowed by law.

As of June 15, 2019, other localities are now able to enact their own rent

stabilization laws if the locality declares a housing emergency.

Residential Tenant’s Rights Guide

Government-Financed Housing

The Mitchell-Lama housing program provides rental and cooperative

housing for middle-income tenants statewide. Tenants must meet

eligibility requirements, including income, family size, and apartment

size for both state and city-sponsored Mitchell-Lama developments.

Public Housing is a federally funded program in which state-chartered

authorities develop and manage public housing developments,

subject to federal, state, and local laws and regulations. Tenants in

public housing are entitled to an administrative grievance process

administered by the local housing authority before their tenancies may

be terminated for cause. However, tenants may be brought to court

directly for nonpayment of rent without an administrative hearing.

e Section 8 Housing Assistance Payments program is a federal rent

and mortgage subsidy program that assists eligible low-income or

displaced families, senior citizens, and persons living with disabilities in

obtaining housing nationwide. Families receive a rental subsidy, known

as a housing assistance payment, or a mortgage subsidy toward

payments to purchase a home, equal to the difference between their

share of the rent, (based on their income) and the approved rent or

mortgage for the unit. Eligible families and individuals are subject to

statutory income limits.

Special Types of Housing

• Manufactured and mobile home parks’ owners and tenants

are governed by Real Property Law § 233 (“Mobile Homeowner’s

Bill of Rights”). The Division of Housing and Community Renewal

(DHCR) enforces compliance with this law.

• New York City loft owners and tenants are governed by

Multiple Dwelling Law, Article 7-C, enforced by the New York City

Loft Board.

• New York City residential hotel owners and tenants are

governed by the rent stabilization law, enforced by the DHCR.

Types of Housing

Leases

A lease is a contract between a landlord and a tenant that contains

the terms and conditions of the rental. It cannot be changed while it is

in effect unless both parties agree. Leases for apartments that are not

rent stabilized may be oral or written. To avoid disputes, the parties

may wish to enter into a written agreement. A party must sign the lease

to be bound by its terms. An oral lease for more than one year cannot

be legally enforced (General Obligations Law § 5-701).

At a minimum, leases should identify the premises, specify the names

and addresses of the parties, the amount and due dates of the rent, the

duration of the rental, the conditions of occupancy, and the rights and

obligations of both parties. Except where the law provides otherwise,

a landlord may rent on such terms and conditions as are agreed to

by the parties. Any changes to the lease should be initialed by both

parties.

New York City rent stabilized tenants are entitled to receive a fully

executed copy of their signed lease from their landlords within 30 days

of the landlord’s receipt of the lease signed by the tenant. The lease’s

beginning and ending dates must be stated. Rent stabilized tenants

must also be given a rent stabilization lease rider, prepared by DHCR,

which summarizes their rights under the law and provides speciﬁc

information on how the rent was calculated.

Residential Tenant’s Rights Guide

Lease Provisions

Leases must use words with common and everyday meanings and

must be clear and coherent. Sections of leases must be appropriately

captioned and the print must be large enough to be read easily.

(General Obligations Law § 5-702; NY C.P.L.R. § 4544.)

The following lease provisions are not allowed :

• Exempting landlords from liability for injuries to persons or

property caused by the landlord’s negligence, or that of the

landlord’s employees or agents (General Obligations Law § 5-321);

• Waiving the tenant’s right to a jury trial in any lawsuit brought by

either of the parties against the other for personal injury or property

damage (Real Property Law§ 259-c);

• Requiring tenants to pledge their household furniture as security

for rent (Real Property Law § 231);

• Exempting landlords from mitigating the damages of a tenant

vacating the premises before the lease expires (Real Property Law

§ 227-e);

• Waiving the Warranty of Habitability (Real Property Law § 235-b);

and

• Restricting a tenant from living with their immediate family

members and/or one additional occupant and the occupant’s

dependent children (Real Property Law § 235-f ).

If a lease states that the landlord may recover attorney’s fees and costs

incurred, a tenant automatically has a reciprocal right to recover those

fees as well (Real Property Law § 234). If the court ﬁnds a lease or any

lease clause to have been unconscionable at the time it was made, the

court may refuse to enforce the lease or the clause in question (Real

Property Law § 235-c).

Leases

Renewal Leases

Non-Rent Regulated Lease Renewals

For non-rent regulated apartments, the landlord does not have to

renew the lease.

A lease may contain an automatic renewal clause. In such case, the

landlord must give the tenant advanced notice of the existence of this

clause between 15 and 30 days before the tenant is required to notify

the landlord of an intention not to renew the lease.

(General Obligations Law § 5-905).

If the landlord of the non-regulated unit intends to renew the lease with

a rent increase of more than 5%, or does not intend to renew the lease,

they must provide advanced written notice:

• If you have lived in your apartment two or more years, or if you

have a two-year lease, your landlord must provide you with 90

days advanced written notice before raising your rent or not

renewing your lease;

• If you have lived in your apartment for more than one year, but

less than two years, your landlord must provide you with 60 days

advanced notice before raising your rent or not renewing your

lease; or

• If you have lived in your apartment for less than one year, or have

a lease for less than one year, your landlord must provide you with

30 days advanced notice before raising your rent or not renewing

your lease. (Real Property Law § 226-c).

Residential Tenant’s Rights Guide

Regulated Renewal Leases

Rent stabilized tenants have a right to a one- or two-year renewal

lease, which must be on the same terms and conditions as the prior

lease, unless a change is mandated by a speciﬁc law or regulation. A

landlord’s acceptance of a Section 8 subsidy is one such term which

must be continued on a renewal lease. Landlords may refuse to renew

a rent stabilized lease only under certain enumerated circumstances,

such as when the tenant is not using the premises as their primary

residence. For New York City rent stabilized tenants, the landlord must

give written notice to the tenant of the right to renewal by mail or

personal delivery not more than 150 days and not less than 90 days

before the existing lease expires.

After the notice of renewal is given, the tenant has 60 days in which

to accept. If the tenant does not accept the renewal offer within the

prescribed time, the landlord may refuse to renew the lease and seek

to evict the tenant through court proceedings. If the tenant accepts

the renewal offer, the landlord has 30 days to return the fully executed

lease to the tenant.

Leases

Month-to-Month Tenants

Non-rent regulated renters who do not have leases and pay rent on a

monthly basis are called “month-to-month” tenants. Tenants who stay

past the end of a lease are treated as month-to-month tenants if the

landlord accepts a rent payment (Real Property Law § 232-c).

A month-to-month tenancy may be terminated by either party. If the

landlord plans to terminate, they must give notice on the same timeline

as terminating non-regulated leases (as described on the previous

page). Outside of New York City, the tenant must give one month’s

notice to terminate the tenancy.

Landlords do not need to explain why the tenancy is being terminated,

they only need to provide notice that it is, and that refusal to vacate

will lead to eviction proceedings. Such notice does not automatically

allow the landlord to evict the tenant. A landlord may raise the rent of

a month-to-month tenant with the consent of the tenant. If the tenant

does not consent, however, the landlord can terminate the tenancy by

giving appropriate notice. (Real Property Law § 232-a and § 232-b).

Residential Tenant’s Rights Guide

Rent

Rent Charges

When an apartment is not rent regulated, a landlord is free to charge

any rent agreed upon by the parties. If the apartment is subject to rent

regulation, the initial rent and subsequent rent increases are set by law,

and may be challenged by a tenant at any time. However, recovery

of rent overcharge is limited to either four or six years preceding the

complaint depending on when the complaint is made.

Residential Tenant’s Rights Guide

Late Fees

A rent payment can only be considered late if it is received more than

ﬁve days after it is due. The most your landlord can charge as a late fee

is $50 or 5% of your monthly rent, whichever is less (Real Property Law

§ 238-a).

Tenants can use the failure by the landlord to provide this notice as an

afﬁrmative defense in a nonpayment of rent case.

Receipts

Landlords must provide tenants with a written receipt when rent is paid

by cash, money order, cashier’s check, or in any form other than the

personal check of a tenant. Tenants paying rent by personal check may

request in writing a rent receipt from the landlord. 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 § 235-e). After the tenant requests a receipt one time, the landlord

must provide a receipt every month. The landlord also must keep proof

of cash rent receipts for 3 years.

Rent

Rent Increases

Rent Increases for Non-Regulated Apartments

If the landlord of a non-regulated unit intends to increase the rent by

more than 5%, they must provide advanced written notice of either

30, 60, or 90 days depending on how long the tenant has been in

occupancy (see section on Renewal Leases).

Rent Increases for Regulated Apartments

Maximum rent increases for rent stabilized apartments are set each

year by local Rent Guidelines Boards.

Landlords are no longer permitted to increase rent in a rent-regulated

unit by 20% when it becomes vacant (the ‘vacancy bonus’). The related

‘longevity bonus,’ (when the departing tenant has lived in the unit for

eight years or more) is also prohibited.

Additionally, in most cases landlords are no longer allowed to take an

apartment out of rent regulation when the rent exceeds the “high-rent

threshold” and the apartment becomes vacant. Also, deregulation is

no longer permitted in most cases if the tenant is considered “high-

income.” (There are a small number of exceptions to the high-rent and

high-income deregulation prohibitions for certain new buildings that

receive tax abatements.)

Apartments that were deregulated before June 14, 2019 will continue to

be so.

Tenants should check their rent history to potentially challenge both the

deregulation of their apartment and the rent currently being charged.

To check your rent history, call the Ofﬁce of Rent Administration at (718)

739-6400, or visit portal.hcr.ny.gov/app/ask.

Residential Tenant’s Rights Guide

Rent

Substantial Improvements in Rent-Regulated Units:

Major Capital Improvements (MCIs)

For certain types of building-wide major capital improvements (MCIs)

that beneﬁt all of the tenants in a building (such as the replacement of

a boiler or plumbing) the landlord may apply to DHCR to increase the

rent of their rent stabilized tenants. The amount that a landlord can

raise tenants’ rents due to MCIs is now capped at 2% of their current

rent per year, and there is no retroactive amount. This cap applies to

MCI increases not collected yet that were approved after June 16, 2012.

Additionally, MCI increases are now temporary and will be removed

from tenants’ rents after 30 years.

MCI increases cannot be added to your rent if there are any

“hazardous” or “immediately hazardous” violations at your building.

Your landlord must ﬁx these violations before any MCI can be

authorized by state regulators.

MCI increases are not permitted if fewer than 35% of the apartments in

the building are rent regulated.

Individual Apartment Improvements (IAIs)

Landlords are also permitted to increase rents for improvements made

to individual apartments (for example, new ﬂooring, new ﬁxtures or

other improvements). Typically, these improvements occur while the

unit is vacant, but can also be made in occupied units with written

approval from the tenant. To increase the rent because of an IAI, the

landlord must take before and after photos, maintain permanent

records of the improvement, and submit documentation to the state.

The amount by which the landlord can increase the rent is determined

by how much the improvements cost.

• In buildings that contain more than 35 apartments, the landlord

can collect a permanent rent increase equal to 1/180th of the cost

of the improvement (maximum $83.33).

• In buildings that contain 35 apartments or less, the landlord may

collect a permanent rent increase equal to 1/168th of the cost of

the IAI (maximum $89.29).

Before a landlord can collect a rent increase due to an IAI, they must

ﬁrst ﬁx any “hazardous” or “immediately hazardous” violations in the

apartment.

For occupied units, the tenant’s written consent must be on a DHCR

form.

The landlord must use licensed contractors not afﬁliated by common

ownership between the contractor and the landlord to perform any

work it intends to count as an IAI.

A landlord can only claim up to three IAIs in a 15-year period, total costs

eligible for a rent increase calculation cannot exceed $15,000. IAIs are

temporary and must be removed from your rent after 30 years.

A landlord also may increase the rent because of hardship or increased

labor costs.

Residential Tenant’s Rights Guide

Rent

Rent Increase Exemptions

Tenants who are senior citizens (62 or older) or living with a disability

and living in rent regulated, Low-Income Housing Tax Credit (LIHTC),

Limited Dividend, Redevelopment, Housing Development Fund

Corporation (HDFC), or Mitchell-Lama cooperatives and rentals, may

be granted certain exemptions from rent increases. Tenants may

determine whether they qualify for a Senior Citizen Rent Increase

Exemption (SCRIE) or a Disability Rent Increase Exemption (DRIE) by

calling the NYC Department of Finance at 212-639-9675 or visiting

the walk-in center located at 66 John Street, 3rd Floor, New York,

NY 10038. For SCRIE/DRIE applications for HDFC or Mitchell-Lama

apartments, contact the NYC Department of Housing Preservation and

Development (HPD) at (212) 863-8494. Tenants in other parts of New

York State may contact DHCR to determine their eligibility.

Rent Increases for Rent Controlled Tenants

In the past, landlords could raise rents for rent controlled tenants up to

7.5% every year, in addition to fuel pass-along charges (plus MCI and/or

IAI increases).

Now, a landlord is limited to increasing a rent-controlled tenant’s rent

by the average of the ﬁve most recent Rent Guidelines Board annual

rent increases for one-year lease renewals, or 7.5% (whichever is less).

Landlords may no longer charge fuel costs to rent-controlled tenants.

If you believe your landlord is not following the law related to

rent increases, you can make a complaint to the New York State

Department of Homes and Community Renewal at hcr.ny.gov.

Preferential Rent

For rent stabilized tenants paying a rent lower than the legal regulated

rent (called a preferential rent), the landlord is no longer allowed to

revoke it and raise the rent to the higher legal regulated rent. This

means that your landlord cannot raise your preferential rent more than

the percentage set by the Rent Guidelines Board, plus any charges for

MCIs or IAIs if they apply.

The lease should show your legal rent, and if you have a preferential

rent, it may be shown in the section of the lease that says: “Lower rent

to be charged, if any.”

Rent Overcharges

In New York City and certain communities in Nassau, Rockland, and

Westchester counties where rent stabilization or rent control laws

apply, the landlord may not charge more than the legal regulated rent.

Landlords must register each rent stabilized apartment with the DHCR

and provide tenants annually with a copy of the registration statement.

Tenants may also get a copy of the rent history for their apartment

directly from the DHCR. The tenant may also be entitled to recover

interest, plus reasonable costs and attorney’s fees, for overcharges

after June 14, 2019.

Generally, the penalty for a rent overcharge is the amount an owner

collected above the legal regulated rent, plus accrued interest. If the

overcharge is willful, the landlord is liable for a penalty of three times

the amount of the overcharge. The landlord has the burden of proving

that the overcharge was not willful. Tenants who believe they are

being overcharged should contact the DHCR and/or an attorney.

Residential Tenant’s Rights Guide

Rent

Rent Security Deposits

At the beginning of their tenancy, all tenants can be required to give

their landlord a security deposit, but it is limited to no more than one

month’s rent. The one-month limit means that a landlord cannot ask

for last month’s rent and a security deposit. However, if the lease is

renewed at a greater amount or the rent is increased during the term

of the lease, the landlord is permitted to collect additional money from

the tenant to bring the security deposit up to the new monthly rent.

Landlords, regardless of the number of units in the building, must treat

the deposits as trust funds belonging to their tenants and they may not

co-mingle deposits with their own money.

Landlords of buildings with six or more apartments must put all

security deposits in a New York bank account 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 collect annual administrative expenses of 1% of the deposit.

All other interest earned on the deposits belongs to the tenant. 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 term. If the building has

fewer than six apartments, a landlord who voluntarily places security

deposits in an interest-bearing bank account must also follow these

rules.

For example: A tenant pays a security deposit of $1,000. The landlord

places the deposit in an interest-bearing bank account paying 1.5%. At

the end of the year the account will have earned interest of $15.00. The

tenant is entitled to $5.00 and the landlord may retain $10.00, 1% of the

deposit, as an administrative fee.

A landlord may use the security deposit as a reimbursement for any

unpaid rent, or the reasonable cost of repairs beyond normal wear and

tear, if the tenant damages the apartment.

Getting Your Security Deposit Back – Non-Regulated Units

For tenants in units that are not rent stabilized or rent controlled, the

landlord must return the security deposit within 14 days of the tenant

moving out.

If the landlord takes any money out of the security deposit for

damages, they must provide an itemized “receipt” describing the

damage and its cost. If the landlord does not provide this receipt within

14 days of the tenant moving out, they must return the entire security

deposit, whether there is damage or not.

Tenants planning to move out can ask their landlord to inspect the

apartment (or rental home or other type of home rental) before the

move-out date. They must allow the tenant to be present during the

inspection. At that inspection, the landlord must tell the tenant what

needs to be ﬁxed or cleaned. The tenant then has the opportunity to

ﬁx any issues to prevent the landlord from keeping part or all of the

security deposit.

If the landlord deliberately breaks this law, the tenant may be entitled

to up to twice the amount of the security deposit.

Note: Currently, these laws only apply to tenants in non-rent

regulated units. For rent regulated units, the landlord must return

the security deposit to the tenant, less any lawful deduction, at the

end of the lease or within reasonable time thereafter, whether or

not the tenant asks for its return. Upon vacating, the tenant should

leave the apartment in clean condition, removing all personal

belongings and trash from the apartment, and making any minor

repairs needed.

Our ofﬁce may be able to help you get back your rent security deposit.

To request help, simply ﬁle a rent security complaint form with: Ofﬁce of

the New York State Attorney General Bureau of Consumer Frauds and

Protection. You may access this form at

formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome.

Residential Tenant’s Rights Guide

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.

Rent

Sale of Building

If the building is sold, the landlord must transfer all security deposits

to the new owner within ﬁve days or return the security deposits to the

tenants. Landlords must notify the tenants, by registered or certiﬁed

mail, of the name and address of the new owner.

Purchasers of rent stabilized buildings are directly responsible to

tenants for the return of security deposits and any interest. This

responsibility exists whether or not the new owner received the security

deposits from the former landlord.

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 (General Obligations

Law, Article 7, Title 1).

When problems arise regarding security deposits, tenants should ﬁrst

try to resolve them with the landlord before taking other action. If a

dispute cannot be resolved, tenants may contact the nearest local

ofﬁce of the Attorney General, listed at the end of this booklet.

Lease Succession or Termination

Subletting or Assigning Leases

Subletting and assignment are methods of transferring the tenant’s

legal interest in an apartment to another person. Here are the

differences between the two.

Sublet

To sublet means that the tenant is temporarily leaving the apartment

and therefore is transferring less than the entire interest in the

apartment. A tenant who subleases an apartment is called the

prime tenant and the person temporarily renting the premises is the

subtenant.

Tenants in buildings with three or fewer apartments do not have a right

to sublet. They can ask the landlord to sublet but the landlord does not

have to agree. If the landlord unreasonably withholds their consent to

sublet, the tenant’s only remedy is to be let out of their lease after 30

days’ notice to the landlord.

Residential Tenant’s Rights Guide

Tenants in buildings with four or more apartments have the right

to sublet with the landlord’s advance consent. Any lease provision

restricting a tenant’s right to sublease is void as a matter of public

policy. If the landlord consents to the sublet, the tenant remains liable

to the landlord for the obligations of the lease, including all future rent.

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. If the landlord denies the sublet on unreasonable

grounds, the tenant may sublet anyway. 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 (Real Property Law § 226-b(2)).

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;

sublet; (e) the written consent of any co-tenant or guarantor; and

(f) a copy of the proposed sublease together with a copy of the

tenant’s own lease, if available.

2. Within ten days of mailing this request, the landlord may ask

the tenant for additional information. Any request for additional

information may not be unduly burdensome.

3. Within 30 days of the mailing of the tenant’s sublet request or

within 30 days of the landlord’s request for additional information,

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

(Real Property Law § 226-b(2)).

Lease Succession or Termination

Additional requirements limited to rent stabilized tenants:

• The rent charged to the subtenant cannot exceed the stabilized

rent, plus a 10% surcharge payable to the tenant for a furnished

sublet. Additionally, the stabilized rent payable to the owner,

effective for the duration of the sublet only, may be increased by

a “sublet allowance” which is set by the Rent Guidelines Board. A

subtenant who is overcharged may ﬁle a complaint with DHCR or

may sue the prime tenant in court to recover any overcharge plus

interest, attorneys’ fees, and treble damages where applicable (9

NYCRR § 2525.6(e));

• The prime tenant must establish that the apartment has

been maintained as a primary residence at all times and must

demonstrate intent to reoccupy it at the end of the sublet; and

• 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 § 226-b; 9

NYCRR § 2525.6). Frequent or prolonged periods of subletting

may be grounds for a landlord to seek possession of rent stabilized

premises on the basis of non-primary residence (9NYCRR §

2520.6(u)).

Assign a Lease

To assign means that the tenant is transferring the entire interest in

the apartment lease to someone else and permanently vacating the

premises. The right to assign the lease is much more restricted than the

right to sublet. A sublet or assignment which does not comply with the

law may be grounds for eviction.

Residential Tenant’s Rights Guide

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

within 30 days from the date the request was given to the landlord

(Real Property Law § 226-b(1)).

Apartment Sharing

It is unlawful for a landlord 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 provided the tenant or the tenant’s

spouse occupies the premises as their primary residence. 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 a primary residence.

A tenant must inform the landlord of the name of any occupant within

30 days of the occupant moving into the apartment or 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 limit the total number of people living in an apartment

to comply with legal overcrowding standards

(Real Property Law § 235-f).

Lease Succession or Termination

Lease Succession Rights

Family members living in an apartment not covered by rent control,

rent stabilization, or other housing governed by a regulatory

agreement generally have no right to succeed a tenant who dies or

permanently vacates the premises. The rights of a family member living

in a rent controlled or rent stabilized apartment to succeed a tenant

of record who dies or permanently vacates are covered by DHCR

regulations. Under these regulations, a “family member” is deﬁned as

husband, wife, son, daughter, stepson, stepdaughter, father, mother,

stepfather, stepmother, brother, sister, grandfather, grandmother,

grandson, granddaughter, father-in-law, mother-in-law, son-in-law,

or daughter-in-law of the tenant; or any other person residing with the

tenant in the apartment as primary resident who can prove emotional

and ﬁnancial commitment and interdependence with the tenant

(9 NYCRR § 2520.6(o)(2)).

Minimum Residency — A family member would succeed to the rights of

the tenant of record upon the tenant’s permanent departure or death,

provided the family member lived with such a primary resident either

(1) not less than two years (one year in the case of senior citizens

and persons living with a disability persons), or

(2) from the commencement of the tenancy or the relationship, if

the tenancy or relationship was less than two years— or one year,

in the case of senior citizens and tenants living with a disability

(9 NYCRR § 2523.5).

The minimum residency requirements will not be considered

interrupted by any period during which the “family member”

temporarily relocates because he or she is engaged in active military

service, is enrolled as a full-time student, is not living in the residence

because of a court order, is temporarily relocated for employment, is

hospitalized; or other reasonable grounds.

Residential Tenant’s Rights Guide

To ensure that the landlord is aware of all persons residing in the

apartment who may be entitled to succession rights or protection from

eviction, a tenant may wish to submit a notice listing all additional

occupants to the landlord (9 NYCRR § 2523.5(b)(2)). The landlord

may request from the tenant, but not more than once in any twelve-

month period, the names of all persons residing in the apartment.

Remaining family members living in government-ﬁnanced housing

(such as a public development, an apartment owned by the local

municipality, or in an apartment where the prime tenant had Section

8 Rental Assistance) and where the named tenant of record has died

or moved out, may also have the right to succeed to that tenant’s

lease and/or rent subsidy. Family members seeking succession rights in

these circumstances must check the applicable federal and municipal

regulations and the local public housing authority rules to determine

if they meet the eligibility requirements. Under federal regulations,

persons alleging they are remaining family members of a tenant are

entitled to a grievance hearing before eviction if they can make a

plausible claim to such status.

Lease Termination

If you leave your apartment or other rental home before your lease

ends, your landlord must make a good-faith effort to ﬁll the vacancy.

If the landlord ﬁnds a new tenant and the new tenant’s rent is equal or

higher to your rent, your lease is considered terminated and you are no

longer liable for the rent.

Lease Succession or Termination

Senior Citizen or Individuals Living with a Disability Lease

Termination

Tenants or their spouses or dependents living with them who are 62

or older, or who will turn 62 during the term of their leases, or who are

living with a disability as deﬁned in Executive Law 292 (21); are entitled

to terminate their leases if:

• They are certiﬁed by a physician as being no longer able, for

medical reasons, to live independently and will move to the

residence of a family member; or

• They relocate to an adult care facility, a residential health care

facility, subsidized low- or moderate-income housing, or other

housing for seniors or persons living with a disability.

Real Property Law §227-a(1).

When given notice of the tenant’s intention to move into one of the

above facilities, the landlord must release the tenant from liability to

pay rent for the balance of the lease and adjust any payments made in

advance.

Written notice must include:

• Termination date: The law says, the termination date must be

effective no earlier than thirty days after the date on which the

next rental payment is due (after the notice is delivered). The

notice is considered delivered ﬁve days after mailing. For example:

if the notice to the landlord is mailed on April 5, the notice is

deemed received April 10. Since the next rental payment (after

April 10) is due May 1, the earliest lease termination date will be

effective June 1;

• A physician’s certiﬁcation that the person is no longer able to live

independently for medical reasons; and

Residential Tenant’s Rights Guide

• For senior citizens breaking a lease, the notice must be

accompanied by a notarized statement from a family member

stating both that the senior is related and will be moving into his or

her residence for at least six months if admission is pending with

documentation of pending admission, or admission to one of the

above mentioned facilities (Real Property Law § 227-a(2)(a).

For individuals living with a disability, the notice does not have to be

additionally accompanied by a notarized family member statement.

(Real Property Law § 227-a(2)(b).

Anyone who interferes with the tenant’s or the tenant’s spouse’s

removal of personal effects, clothing, furniture, or other personal

property from the premises to be vacated will be guilty of a

misdemeanor (Real Property Law § 227-a(3)).

Owners or lessors of a facility of a unit into which a senior citizen or

person living with a disability is entitled to move after terminating a

lease must advise such tenant in the admission application form of the

tenant’s rights under the law (Real Property Law §227-a(3-a)).

In all rent controlled apartments and in rent stabilized apartments

outside of New York City, a senior citizen may not be evicted for

purposes of owner occupancy. In New York City, a landlord may evict

a senior citizen for this purpose only if the tenant is provided with an

equivalent or superior apartment at the same or lower rent in a nearby

area. (9 NYCRR § 2524.4;9 NYCRR § 2504.4; NYC Admin. Code § 26-

408(b)(1))

Lease Succession or Termination

Military Personnel Lease Terminations

Individuals entering active duty in the military may terminate a

residential lease if:

• The lease was executed by the service member before entering

active duty; and

• The leased premises have been occupied by the member or the

member’s dependents.

Any such lease may be terminated by written notice delivered to

the landlord at any time following the beginning of military service.

Termination of a lease requiring monthly payments is not effective until

30 days after the ﬁrst date on which the next rent is due (NY Military

Law § 310).

Victims of Domestic Violence Lease Terminations

A tenant or a member of the tenant’s household who is a victim of

domestic violence and reasonably fears potential further domestic

violence by remaining in their apartment can terminate the lease

by sending a notice to the landlord that they are leaving. The notice

must be sent at least 30 days before the tenant intends to leave and

must state that the tenant or a member of the tenant’s household has

experienced domestic violence and reasonably believes the tenant,

or the member of the tenant’s household, is unable to safely remain

in apartment as a result of the domestic violence. Within 25 days of

sending the notice, the tenant must provide documents that the tenant

or household member is a victim of domestic violence. Documents can

include an order of protection, a complaint to law enforcement about

domestic violence, a record from a health care provider of treatment

related to domestic violence, or written veriﬁcation from a qualiﬁed

third party that the tenant or household member reported domestic

violence. The landlord must keep all documentation and information

about the domestic violence conﬁdential and an intentional violation

Residential Tenant’s Rights Guide

would expose the landlord to penalties and a damage award. The

tenant must leave the apartment free and clear of any occupants,

unless there are other persons on the lease, in which case those tenants

have the options to remain. (Real Property Law § 227-c).

Eviction

A tenant with a lease is protected from eviction during the lease period

so long as the tenant does not violate any substantial provision of

the lease or any local housing laws or codes. For both regulated and

unregulated apartments, landlords must give formal notice of their

intention to obtain legal possession of the apartment.

A tenant should never ignore legal papers; an eviction notice can still

be sent if a tenant did not appear in court to answer court papers

(petition) sent by the landlord.

Allowable Reasons for Eviction Despite Having a Lease

Unless the tenant vacates the premises by a speciﬁed date after notice

from the landlord, the landlord may commence eviction proceedings

through: (a) a summary non-payment court proceeding to evict a

tenant who fails to pay the agreed rent when due and to recover

outstanding rent; or (b) a summary holdover proceeding for eviction

if a tenant signiﬁcantly violates a substantial obligation under the

lease (such as using the premises for illegal purposes, or committing

or permitting a nuisance) or stays beyond the lease term without

permission. (Real Property Actions and Proceedings Law (RPAPL §

711)).

Landlords of rent regulated apartments may be required to seek

approval from DHCR before commencing a court proceeding for

possession, for example, if the owner seeks to demolish the building.

If a tenant fails to pay rent, is causing a nuisance, damages the

apartment or building, or commits other wrongful acts, the owner may

proceed directly in court.

Lease Succession or Termination

Your landlord cannot bring you to court for non-payment of rent unless

they have given you a 14-day written “rent demand.”

Tenant Protections During Eviction

A tenant can be legally evicted only after the landlord has brought a

court proceeding and has obtained a judgment of possession; and

only a sheriff, marshal, or constable can carry out a court ordered

warrant to evict a tenant.

Landlords may not take the law into their 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.

When a tenant is evicted the landlord must give the tenant a

reasonable amount of time to remove all belongings. The landlord may

not retain the tenant’s personal belongings or furniture (RPAPL §749;

Real Property Law § 235).

Until you are evicted (i.e. the sheriff or marshal executes a warrant of

eviction), you can have your non-payment case dismissed if you pay all

rent that is owed.

In a non-payment case, you can only be evicted for not paying your

rent. You cannot be evicted for non-payment of other fees (such as late

fees, legal fees, or any other “added” fee).

If you lose a housing case and the judge orders your eviction, you

can ask the court for up to one year to move if you can show that you

cannot ﬁnd a similar apartment in the same neighborhood. It is up

to the judge’s discretion. The judge will take into account your health

conditions, whether you have children enrolled in school, the hardship

on the landlord if you remain, and any other life circumstances that

Residential Tenant’s Rights Guide

could affect your ability to move. You may be required to continue to

pay rent for the months you remain.

New laws strengthen protections for tenants against retaliatory

evictions and increase penalties for landlords who illegally lock tenants

out of their homes.

A tenant evicted from an apartment in a forcible or unlawful manner

can recover triple damages in a legal action against the landlord.

Landlords who use illegal methods to force a tenant to move are also

subject to both criminal and civil penalties. Further, the tenant may be

entitled to be restored to occupancy (RPAPL 768; RPAPL § 853; NYC

Admin. Code § 26-523, § 26-521).

Additional rules apply in certain situations concerning evictions. In

New York City, a landlord may not evict a tenant in a rent stabilized

apartment for purposes of owner occupancy if the tenant or the

spouse of the tenant is a senior citizen, is living with a disability, or has

been a tenant in an apartment for 15 years or more, unless the landlord

provides an equivalent or superior apartment at the same or lower

rent in a nearby area (NYC Admin Code 26-511(9). In rent controlled

apartments statewide and in rent stabilized apartments outside New

York City, a landlord may not evict a senior citizen, a person living with

a disability, or any person who has been living in the apartment for 15

years or more for purposes of owner occupancy (NYC Admin. Code §

26-408(b) (1)).

Reminder:

When facing eviction, it is often a good idea to consult

an attorney. There are many free legal service providers

across New York State that can represent tenants who qualify

for their services. Check lawhelp.org. The Ofﬁce of the

Attorney General cannot provide direct legal advice.

Lease Succession or Termination

Habitability and Repairs

Warranty of Habitability

Under the warranty of habitability, tenants have the right to a livable,

safe and sanitary apartment, a right that is implied in every written

or oral residential lease. Any lease provision that waives this right is

contrary to public policy and is therefore void. Examples of a breach

of this warranty include the failure to provide heat or hot water on a

regular basis, or the failure to rid an apartment of an insect infestation.

Public areas of the building are also covered by the warranty of habit-

ability. Owners of cooperative apartments can raise the warranty

of habitability but not owners of condominiums. Tenants and sub-

tenants in cooperatives and condominiums can raise the warranty of

habitability.

Any uninhabitable condition caused by the tenant or persons under

the tenant’s direction or control does not constitute a breach of the

warranty of habitability. In such a case, it is the tenant’s responsibility to

remedy the condition (Real Property Law §235-b).

Residential Tenant’s Rights Guide

Seeking Rent Reduction

If a landlord breaches the warranty of habitability, the tenant may sue

for a rent reduction. Alternatively, rent regulated tenants can also ﬁle

a rent reduction complaint with DHCR. Before ﬁling such a complaint

with DHCR for breach of the warranty, the tenant must communicate in

writing with the landlord about the problem. A complaint may only be

ﬁled with DHCR not less than 10 days and not more than 60 days from

the date the tenant sent a notice to the landlord. The tenant may also

withhold rent, but in response, the landlord may sue the tenant for non-

payment of rent. In such case, the tenant may countersue for breach of

the warranty.

The court or DHCR may grant a rent reduction if it 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. For a tenant to receive a

reduction, the landlord must have actual or constructive notice of the

existence of the defective condition.

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 land-

lord’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 extenuating circumstances, 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 and

copies of all communications with the landlord about the repairs.

Habitability and Repairs

If an apartment becomes uninhabitable due to ﬁre or other damage

not caused by the tenant, and the lease does not expressly provide

otherwise, the tenant may vacate the apartment and cancel the

lease. The tenant will not be liable for subsequent rental payments.

The landlord shall be responsible to refund any rent paid in advance

as well as any rent security held by the landlord (Real Property Law §

227). Rent stabilized and rent controlled tenants may apply to DHCR to

have an order issued reducing their rent obligation to $1 to maintain a

possessory interest in the apartment until it become habitable again.

If only a portion of the apartment is damaged, the rent maybe reduced

pursuant to a court order or by DHCR in proportion to the part of the

apartment that is damaged. The landlord must then repair those

portions of the apartment and return them to livable condition.

Landlord’s Duty of Repair

Landlords of multiple dwellings must keep the apartments and

the building’s public areas in “good repair” and clean and free of

vermin, garbage, or other offensive material. Landlords are required

to maintain electrical, plumbing, sanitary, heating, and ventilating

systems, and appliances that the landlord installed (such as

refrigerators and stoves) in good and safe working order. All repairs

must be made within a reasonable time that may vary depending upon

the severity of the repairs. In New York City, the landlord is required to

maintain the public areas in a clean and sanitary condition

(NYC Admin. Code§ 27-2011). Tenants should bring complaints to the

attention of their local housing ofﬁcials (Multiple Dwelling Law §78

and §80; Multiple Residence Law §174.) The Multiple Dwelling Law

applies to cities with a population of 325,000 or more and the Multiple

Residence Law applies to cities with less than 325,000 and to all towns

and villages.

Residential Tenant’s Rights Guide

Lead-Based Paint

In New York, landlords should maintain their properties to reduce the

likelihood that young children will be exposed to dangerous lead-based

paint. Although limits on the level of lead in paint used in homes were

imposed by New York City in 1960, by New York State in 1970, and by the

federal Consumer Product Safety Commission in 1978, paint with lead

levels higher than those limits remains on the walls and other surfaces

of many apartments and homes built before those limits were imposed.

Federal law requires landlords to disclose known information about

lead-based paint or lead-based paint hazards before a lease becomes

effective and all leases must include a warning statement about

lead-based paint for all properties built prior to 1978. Federal law also

mandates that landlords give a pamphlet to their tenants about how

to protect themselves from possible lead exposure in their homes.

In performing any work that disturbs lead-based paint in applicable

apartments and common areas, a landlord must hire workers who

have completed a training course in lead-safe work practices.

In New York City, landlords must also comply with the New York City

Childhood Lead Poisoning Prevention Act, which requires that landlords

of buildings with at least 3 apartments constructed before 1960 (or

between 1960 and 1978 where the landlord knows there is lead-based

paint) ascertain if a child under seven years old lives in an apartment

and inspect that apartment for lead-based paint hazards.

Landlords must remove or permanently cover apartment walls and

other areas where there is peeling paint or there is friction or impacts

that expose the lead and generate lead dust and keep records of

all notices, inspections, and repair of lead-based paint hazards and

other matters related to lead-based paint law. Landlords are also

required to provide their tenants with a pamphlet prepared by the NYC

Department of Health and Mental Hygiene and the NYC Department of

Housing Preservation and Development (HPD).

Habitability and Repairs

In the City of Rochester, landlords must comply with Rochester’s

Lead-Based Paint Poisoning Prevention Ordinance, which requires

landlords to conduct a visual inspection of their properties for

deteriorating paint as part of their Certiﬁcate of Occupancy inspection.

In addition, apartments in high-risk areas must also have samples of

settled dust tested for lead.

In the City of Buffalo, landlords are required to maintain their properties

and take actions to prevent conditions that are conducive to lead

poisoning and correct lead hazards using safe work practices

(42 U.S.C.A § 4851; NYC Admin. Code § 27-2056.3; Property

Conservation Code of the City of Rochester § 90-50 et seq., Erie County

Sanitary Code Article IX).

Landlords of multiple dwellings must keep the apartments

and the building’s public areas in “good repair” and clean

and free of vermin, garbage, or other offensive material.

All repairs must be made within a reasonable time that

may vary depending upon the severity of the repairs

Residential Tenant’s Rights Guide

Habitability and Repairs

Safety

Smoke Detectors

Landlords of multiple dwellings must install approved smoke detectors

in each apartment, within ten feet of each room used for sleeping.

Each smoke detecting device shall include a test device to allow a

tenant to ensure that the device is functioning properly. Tenants

should test their detectors frequently to make sure they work properly.

Smoke detectors should be clearly audible in each of those rooms.

Tenants may be asked to reimburse the owner up to $10 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 (Multiple Residence Law § 15;

Multiple Dwelling Law § 68; NYC Admin. Code § 27-2045). Tenants

are responsible for keeping fresh batteries in the smoke detector.

Residential Tenant’s Rights Guide

Carbon Monoxide Detectors

Landlords of all multiple dwellings, including those owned as a

condominium or cooperative, used as a residence, and one-and two-

family homes in New York City must provide and install an approved

carbon monoxide alarm within 15 feet of the primary entrance to each

sleeping room. All multiple dwellings must contain carbon monoxide

detectors in accordance with local building codes

(NYC Admin. Code 27-§ 2045; Exec. Law §378).

New York City landlords must post an HPD-approved form in a

common area informing occupants of the requirements of New York

City’s carbon monoxide laws. Tenants are responsible for reimbursing

the landlord $25.00 within one year for each carbon monoxide alarm

that is newly installed. Tenants are responsible for keeping and

maintaining the carbon monoxide alarm in good repair. Landlords are

responsible for replacing any detectors that are lost, stolen, or become

inoperable within the ﬁrst year of use. (NYC Admin. Code § 27-2045).

Combination smoke/carbon monoxide detectors are permitted.

A landlord is entitled to be reimbursed a maximum of $50.00 for

such combination detectors only when the smoke alarm needs

to be replaced. If the smoke alarm is operable and the landlord

wishes to replace it with a combined alarm, the landlord can only

be reimbursed $25.00. Tenants are responsible for keeping fresh

batteries in the carbon monoxide detector.

Safety

Crime Prevention

Landlords are required to take minimal precautions to protect against

reasonably foreseeable criminal harm. For example, tenants who are

victims of crimes in their building or apartment, and who are able to

prove that the criminal was an intruder and took advantage of the fact

that the entrance to the building was negligently maintained by the

landlord, may be able to recover damages from the landlord.

Entrance Door Locks and Intercoms

Multiple dwellings which were built or converted to such use after

January 1, 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 1, 1968

also must have self-locking doors and a two-way intercom system if

requested by a majority of all the apartments. Landlords may recover

the cost of providing this equipment from tenants (Multiple Dwelling

Law § 50-a).

Entrances, stairways and yards of multiple dwellings must be

sufﬁciently lit at night, from sunset to sunrise. The owner is responsible

for installing and maintaining lighting in these areas (NYC Admin.

Code § 27-2040; Multiple Dwelling Law § 35; Multiple Residence Law

§ 109).

Residential Tenant’s Rights Guide

Safety

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 at their own expense, whenever any attendant provided by the

landlord is not on duty (Multiple Dwelling Law § 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 §51-b; NYC Admin. Code § 27-

2042).

Individual Locks, Peepholes and Mailboxes

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. Failure to provide the landlord

with a duplicate key if requested can be construed as a violation

of a substantial obligation of the tenancy and can lead to eviction

proceedings. Any lease provision requiring a tenant to pay additional

rent or other charges for the installation of an additional lock is void

as against public policy and unenforceable (Multiple Dwelling Law §

51-c).

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,

to permit partial opening of the door (Multiple Dwelling Law § 51-a;

NYC Admin. Code § 27-2043).

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.

Residential Tenant’s Rights Guide

Window Guards

Landlords in New York City must install window guards at the request

of a tenant and in any apartment in which a child under the age of ten

resides, whether requested or not.

Landlords are required to provide tenants with a form stating whether

there are children residing in a household and to request installation

of window guards. Tenants are required to notify their landlord when

they have children of this age living in their apartment, or if they

provide child care services in the apartment. Tenants may not refuse

installation. Once window guards are installed, the tenant must not

take down, make alterations to, or remove any part of the guard.

Landlords in New York City must install Department of Health and

Mental Hygiene-approved window guards. If an object more than ﬁve

inches in diameter can ﬁt through, over or under a window guard,

then it is not installed properly. All approved window guards have a

manufacturer’s approval number imprinted on a vertical stile of the

guard, and must be appropriate for the type of window in which they

are being installed (NYC Health Code § 131.15; NYC Admin. Code §

27-2043.1).

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 up to $10 per window

guard (NYC Health Code § 131.15).

Safety

Utility Services

Heating Season

Heat must be supplied from October 1 through May 31 to tenants in

multiple dwellings. If the outdoor temperature falls below 55°F between

the hours of six a.m. and ten p.m., each apartment must be heated to

a temperature of at least 68°F. If the outdoor temperature falls below

40°F between the hours of ten p.m. and six a.m., each apartment must

be heated to a temperature of at least 55°F. Local regulations may

require higher temperatures during these times. (Multiple Dwelling

Law § 79; Multiple Residence Law § 173; NYC Admin. Code § 27-

2029).

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 from the landlord. These copies

must be provided free upon written request (Energy Law § 17-103).

Residential Tenant’s Rights Guide

Hot Water

Landlords must provide all tenants of multiple dwellings with both hot

and cold water. Localities can designate temperatures. In NYC, hot

water must register at or above a constant temperature of 120 degrees

at the tap. If a tub or shower is equipped with an anti-scald valve that

prevents the hot water temperature from exceeding 120 degrees, the

minimum hot water temperature for that tub or shower is 110 degrees

(Multiple Dwelling Law § 75; Multiple Residence Law § 170; NYC

Admin. Code § 27-2031).

Continuation of Utility Service

When the landlord of a multiple dwelling is delinquent in paying utility

bills, the utility must give advanced 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 landlord of a multiple dwelling fails to pay a utility bill

and service is discontinued, landlords may be liable for compensatory

and punitive damages (Real Property Law § 235-a; Public Service Law

§ 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 ensure 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 §

302-c; Multiple Residence Law § 305-c).

Utility Services

Tenants’ Personal Protections

Tenant Organizations

Tenants have a legal right to organize. They may form, join, and

participate in tenant organizations for the purpose of protecting their

rights. Landlords must permit tenant organizations to meet, at no

cost, in any community or social room in the building, even if the use

of the room is normally subject to a fee. Tenant organization meetings

are required to be held at reasonable times and in a peaceful manner

which does not obstruct access to the premises (Real Property Law §

230).

Residential Tenant’s Rights Guide

Tenants’ Personal Protections

Retaliation

It is illegal for landlords in New York to retaliate against tenants for

participating in tenant organizations. It is also illegal for landlords

in New York to retaliate against tenants who make a good faith

complaint to them or to a government agency about violations of

health and safety laws, issues with habitability or non-repair of the

premises, violations of rights under a lease, or rent gouging.

It is presumed that a landlord is retaliating if:

• Within one year of a tenant’s complaint, the landlord

substantially alters the terms of a tenant’s rental agreement. This

includes: refusing to continue to rent to you; failing to renew a

lease after your lease has expired; or offering a new lease with an

unreasonable rent increase; or

• Within one year of making a good faith complaint, your landlord

brings an eviction case against the tenant. If the tenant informs

the court that the landlord initiated the eviction proceeding within

one year of the tenant’s good faith complaint, the law requires

that the landlord to demonstrate that the eviction isn’t retaliatory.

The eviction proceeding will be terminated if the landlord fails to

prove that the eviction was not retaliatory.

The effect of the presumption requires the landlord to establish a non-

retaliatory motive for their actions by a preponderance of the evidence.

Failure to rebut the presumption of retaliation may result in requiring

that the tenant be offered a new lease or renewal of up to a year with

only a “reasonable” increase.

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 § 223-b).

Right to Privacy

Tenants have the right to privacy within their apartments. A landlord,

however, may enter a tenant’s apartment with reasonable prior notice,

and at a reasonable time, and with the tenant’s consent, either to

provide routine or agreed upon repairs or services, or in accordance

with the lease. If the tenant unreasonably withholds consent, the

landlord may seek a court order to permit entry. In an emergency, such

as a ﬁre or water leak, the landlord may enter the apartment without

the tenant’s consent or prior notice. A landlord may not interfere with

the installation of cable television facilities (Public Service Law § 228).

Disabilities

Landlords are required to provide reasonable accommodations for

tenants with disabilities so that they may enjoy equal access to and

use of housing accommodations. A “reasonable accommodation” is a

policy or rule change that is related to a tenant’s speciﬁc disability and

does not impose extremely high costs on a landlord or cause harm or

discomfort to other tenants, such as permitting a tenant who is blind

or has a psychological disability to have a guide dog or a companion

animal, despite a building’s “no pets” policy (42 U.S.C.A § 3604(f )(3).

Additionally, a landlord may not refuse to permit, reasonable structural

modiﬁcations of existing premises occupied by a tenant with a

disability, if such modiﬁcations may be necessary to afford the tenant

full use of the premises and are undertaken at the expense of the

tenant. Such modiﬁcations may include building a ramp or installing

grab bars in the bathroom.

However, the landlord may require a tenant to agree to restore

the interior of the premises to the condition that existed before the

modiﬁcation as a condition of granting permission (42 U.S.C.A.

§3604(f ) (3)).

Residential Tenant’s Rights Guide

Tenants’ Personal Protections

Tenants with disabilities who need accommodations should notify

their landlord and request the necessary accommodations. Though

such a request is not required to be in writing, it is often helpful should

any dispute arise. A landlord may request documentation from a

health care professional attesting to the disability and describing any

functional limitations that arise. A tenant with a disability who thinks

a landlord has unreasonably refused a reasonable accommodation

request should contact the U.S. Department of Housing and Urban

Development (HUD).

Discrimination

Landlords may not refuse to rent to, renew the lease of, or otherwise

discriminate against, any person or group of persons because of

race, creed, color, national origin, sex, disability, age, AIDS or HIV

status, alcoholism, marital status or familial status. In New York City,

tenants are further protected against discrimination with respect

to lawful occupation, sexual orientation, partnership status, and

immigration status. Further, New York State landlords are prohibited

from discriminating against tenants based on lawful source of income,

which includes income from social security or any form of federal, state,

or local public assistance including Section 8 vouchers (Executive Law

§ 296(5); NYC Admin. Code § 8-107).

Landlords may not discriminate against any person who has children

living with them by refusing to rent an apartment or by insisting upon

unfavorable lease terms because the person has children. In addition,

a landlord may not require that tenants remain childless during their

tenancy. These restrictions do not apply to housing units for senior

citizens that are subsidized or insured by the federal government. In

addition, a lease may not require that tenants remain childless during

their tenancy (Real Property Law §237; Real Property Law §237-a).

An aggrieved party should contact HUD within one year from the alleged

discriminatory housing practice occurs or ceases. In New York City,

an aggrieved party may ﬁle a complaint with the NYC Commission on

Human Rights within one year from the date on which the discriminatory

act occurred. An aggrieved party may also choose to sue for damages

against a landlord who violates this law and may recover attorney’s fees

if successful (NYC Admin. Code § 8-109; 42 U.S.C.A.§3610(a) (1).

Harassment

A landlord is prohibited from any action intended to force a tenant out

of an apartment or to compel a tenant to give up any rights granted the

tenant by law. No landlord, or any party acting on the landlord’s behalf,

may interfere with the tenant’s privacy, comfort, or quiet enjoyment of

the apartment. Harassment may take the form of physical or verbal

abuse, willful denial of services, disruptive construction or renovation

projects that interfere with health, safety, and use of an apartment, or

multiple instances of frivolous litigation. If a landlord lies or deliberately

misrepresents the law to a tenant, this may also constitute harassment.

Severe harassing conduct may constitute unlawful eviction and

landlords may be subject to both civil and criminal penalties, in the form

of a class A misdemeanor for harassment under Real Property Law §

768.

Rent regulated tenants who feel they have been victimized by

harassment should contact DHCR. In NYC, Landlords found guilty of

harassment are subject to ﬁnes of up to $2,000 for the ﬁrst offense and

up to $10,000 for each subsequent offense. Under certain circumstances,

harassment of a rent regulated tenant may constitute a class E felony

(Penal Law§ 241.05; NYC Admin Code §§ 27-2004, 27-2005).

New York City tenants have additional recourse against harassment.

Tenants may bring a claim in housing court and the court may issue

restraining orders against landlords if violations have been found (NYC

Admin Code § 27-2115).

Residential Tenant’s Rights Guide

Tenants’ Personal Protections

Pets

Tenants may keep pets in their apartments unless their lease

speciﬁcally prohibits it. Landlords may be able to evict tenants who

violate a lease provision prohibiting pets. In multiple dwellings in New

York City and Westchester County, a no-pet lease clause is deemed

waived where a tenant “openly and notoriously” keeps a pet for at

least three months and the owner of the building or the owner’s agent

had knowledge of this fact. However, this protection does not apply to

public housing or where the animal causes damage, is a nuisance, or

substantially interferes with other tenants (NYC Admin. Code§ 27-

2009.1(b); Westchester County Laws, Chapter 695.11).

Tenants who are blind or deaf are permitted to have guide dogs

or service dogs regardless of a no-pet clause in their lease. Also,

tenants with a chronic mental illness are permitted to have emotional

assistance animals (NY Civil Rights Law § 47-b).

Tenants may keep pets in their apartments

unless their lease speciﬁcally prohibits it.

Landlords may be able to evict tenants who

violate a lease provision prohibiting pets.

Manufactured and Mobile Homes

Limiting Rent Increases

In most cases, rent increases including the lot rent and any fees or

utilities, are limited to 3%, but park owners can raise the rent by up to

6% if the increase is determined to be “justiﬁable.” If the park owner

asks for a rent increase that is more than 3%, renters can challenge

the increase in court. The judge will determine whether the increase is

justiﬁable.

All manufactured home park leases must include a rider regarding

tenant rights.

Residential Tenant’s Rights Guide

Manufactured and Mobile Homes

Rent-to-Own Protections

Anyone entering into a rent-to-own agreement with a manufactured

home park owner must be provided with a contract that clearly

describes:

• The terms of the contract;

• All fees, rent, or other charges due during the life of the contract;

• The fair market value of the manufactured home; and

• The responsibility of the manufactured home park owner to cover

major repairs and improvements during the rental period.

Every rent-to-own contract must state that until the title to the property

is transferred, the tenant is occupying a rented home. It must also state

that until that time, the park owner is responsible for keeping the home

in habitable condition; making all major repairs and improvements;

and keeping it free from conditions that would be dangerous to the

tenant’s health and safety.

Once a year, rent to own tenants are entitled to an itemized account of

all payments made in relation to the rent-to-own contract. If the lease is

terminated by the park owner, the owner must pay back all payments

made pursuant to the rent-to-own contract.

Restrictions on Fees

Manufactured home park owners can collect late charges on

rent payments only if a late charge provision exists in the lease or

manufactured home park rules, but late charges cannot be collected

on rent payments received within 10 days of the due date. Late charges

cannot be compounded and are not considered to be additional rent.

A manufactured home park owner cannot demand that a tenant pay

attorneys’ fees unless they are awarded those fees by a court order.

Notice of Changes of Use

If a park owner wants their current residents to leave because they are

changing the manufactured home park to another use, the park owner

cannot begin eviction proceedings until two years after they provide

notice that they intend to change the use of the park.

If the resident owns their manufactured home and the park owner

wants them to leave because they intend to change the use of the

land, they must pay the resident a stipend of up to $15,000 in order to

compensate them for the cost of moving the home.

If you believe a manufactured home park owner is not following the

law, you may contact the New York State Department of Homes

and Community Renewal (hcr.ny.gov). The Manufactured Homes

Complaint Program Hotline is (800) 432-4210.

Residential Tenant’s Rights Guide

Once a year, rent to own tenants are entitled

to an itemized account of all payments made

in relation to the rent-to-own contract. If the lease

is terminated by the park owner, the owner must pay

back all of the rent-to-own payments that were made.

Manufactured and Mobile Homes

Finding an Apartment

Real Estate Brokers

A consumer may retain a real estate broker to ﬁnd a suitable

apartment. New York 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 the client in ﬁnding and obtaining an

apartment before a commission may be charged. The fee should not

be paid until the client is offered a lease signed by the landlord.

Under the Rent Stabilization Code, a broker’s commission may be

considered “rent” in excess of legal rent when there is too close of a

business or ﬁnancial connection between the broker and the landlord

(9 NYCRR § 2525.1). Complaints against real estate brokers should

be directed to the New York Department of State (Real Property Law,

§442-e).

Apartment Information and Sharing Agencies

Apartment listing services that charge a fee for providing information

about the location and availability of apartments and rooms for rent

must be licensed by the state (Real Property Law § 446-b). The fees

charged by these ﬁrms may not exceed one month’s rent and must be

Residential Tenant’s Rights Guide

deposited in an escrow account. When the information provided by

the ﬁrms does not result in a rental, the entire amount of any pre-paid

fee, less $15.00, must be returned to the prospective tenant. Criminal

prosecution for violations of this law may be brought by the Attorney

General (Real Property Law § 446-h).

Fees

Before signing a lease, the most a landlord can charge for a credit and

background check is $20. The landlord must provide the applicant

a copy of the credit or background check, as well as an invoice

from the company that performed it. A landlord is prohibited from

charging an applicant for a credit or background check if they fail to

provide the applicant with a copy. The applicant can provide their

own background or credit check to avoid any fees, as long as the

background or credit check was performed within the past 30 days.

Key Money: It is illegal to charge a prospective tenant additional fees–

commonly called “key money”– above the lawful rent and security

deposit, for preference in renting a vacant apartment. Key money is not

to be confused with fees that may be legally charged by a licensed real

estate broker (Penal Law § 180.55).

Tenant Screening Reports or “Tenant Blacklists”

A landlord cannot deny a tenant applicant an apartment, rental

home, or any other type of rental based on a past legal conﬂict with

a landlord. For example, a landlord cannot deny an applicant an

apartment because they sued their previous landlord to make repairs.

If a landlord rejects your application after using a tenant screening

service report containing prior tenant-landlord cases or relies on review

of those records themselves, the law assumes that you were rejected

because of this history. You may complain to the Attorney General’s

ofﬁce and the landlord may have to pay a ﬁne between $500-$1,000.00

to the State if they cannot give a good reason for denying you.

(Real Property Law (“RPL”) § 227-f.).

Finding an Apartment

Ofﬁce of the New York Attorney General

Albany

The Capitol

Albany, NY 12224

(518) 776-2000

Hotline:

(800) 771-7755

Hearing/Voice Impaired:

(800) 416-8300

ag.ny.gov

New York City

28 Liberty Street

New York, NY 10005

(212) 416-8300

Albany

Hampton Plaza

38-40 State St.

Albany, NY 12207

New York City

25 Beaver Street,

5th Floor

New York, NY 10004

Resources

NYS Divisions of Homes and Community Renewal (DHCR)

hcr.ny.gov

General information: HCRInfo@nyshcr.org

Rent Administration: (833) 499-0343

Fair and Equitable Housing Oce

518-473-3089

Tenant Protection Unit

tpuinfor@nyshcr.org

Executive Oces

Residential Tenant’s Rights Guide

OAG Regional Ofﬁces

Binghamton

State Ofﬁce Building

44 Hawley St, 17 Fl.

Binghamton, NY 13901

(607) 251-2770

Brooklyn

55 Hanson Place, STE 1080

Brooklyn, NY 11217-1523

(718) 560-2040

Buffalo

Main Place Tower, STE 300A

350 Main St

Buffalo, New York 14202

(716) 853-8400

Harlem

163 West 125th St

New York, NY 10027

(212) 364-6010

Nassau

200 Old Country Rd

Suite 240

Mineola, NY 11501

(516) 248-3302

Plattsburgh

43 Durkee Street, STE 700

Plattsburgh, NY 12901

(518) 562-3288

Poughkeepsie

One Civic Center Pl.,

Suite 401

Poughkeepsie, NY 12601

(845) 485-3900

Rochester

144 Exchange Blvd.

Rochester, NY 14614

(585) 546-7430

Suffolk

300 Motor Parkway

Hauppauge, NY 11788

(631) 231-2424

Syracuse

300 South State Street, Suite 300

Syracuse, NY 13202

(315) 448-4800

Utica

207 Genesee St, Rm. 508

Utica, NY 13501

(315) 864-2000

Watertown

317 Washington St

Watertown, NY 13601

(315) 523-6080

Westchester

44 South Broadway

White Plains, NY 10601

(914) 422-8755

NYS Divisions of Homes and Community Renewal (DHCR)

Resources

Rent Administration Borough and District Ofﬁces

Rent Administration Headquarters

Bronx

1 Fordham Plaza, 4th Floor

Bronx, NY 10458

(718) 430-0880

Brooklyn

55 Hanson Place, 6th Floor

Brooklyn, NY 11217

(718) 722-4778

Lower Manhattan

South side of 110th Street

and below

25 Beaver Street, 5th Floor

New York, NY 10004

(212) 480-6238

Queens

Gertz Plaza

92-31 Union Hall Street, 6th Floor

Jamaica, NY 11433

(718) 482-4041

Westchester County

75 South Broadway, 3rd Fl

White Plains, NY 10601

(914) 948-4434

Upper Manhattan

North side of 110th Street and above

Adam Clayton Powell Jr.

State Ofﬁce Building

163 West 125th Street, 5th ﬂoor

New York, NY 10027

(212) 961-8930

New York City Rent Guidelines Board

1 Centre Street, Suite 2210

New York, NY 10007

Dial 311 or (212) 639-9675 if calling from outside of New York City

rentguidelinesboard.cityofnewyork.us

Residential Tenant’s Rights Guide

Albany - Mailing Address

Division of Licensing Services

P.O. Box 22001

Albany, NY 12201-2001

New York State Public Service Commission

3 Empire State Plaza

Albany, NY 12223

dps.ny.gov

Gas, Electric Shuto:

(800) 342-3355

Service and billing concerning Gas, Electric, Phone, Cable:

(800) 342-3377

Consumers with hearing or speech impairment can contact the

Department of Public Service through the NYS Relay Service by

dialing 711.

New York State Department of State

Real Estate Brokers, Agents, Apartment Information Vendors,

Listing Services

New York City

123 William Street

New York, NY 10038-3804

Albany - Physical Address

One Commerce Plaza

99 Washington Avenue

Albany, NY 12231-0001

(518) 474-4429

dos.ny.gov

New York State Division of Human Rights

One Fordham Plaza, 4th Floor

Bronx, NY 10458

(888) 392-3644

dhr.ny.gov

Resources

New York City Commission on Human Rights

(212) 416-0197

www1.nyc.gov/site/cchr/index.page

Community Service Centers

Manhattan

(212) 306-7450

Brooklyn

(718) 722-3130

New York City Loft Board

280 Broadway 5th Floor

New York, NY 10007

(212) 393-2616

www1.nyc.gov/site/loftboard/index.page

U.S. Department of Housing and Urban Development (HUD)

New York Regional Ofﬁce

Jacob K. Javits Federal Ofﬁce

26 Federal Plaza, Suite 3541

New York, NY 10278-0068

(212) 264-8000 / TTY (212) 264-0927

hud.gov

Albany Ofﬁce

52 Corporate Circle

Albany, NY 12203-5121

(518) 862-2801

Bronx

(718) 579-6900

Queens

(718) 657-2465

Staten Island

(718) 390-8506

Buffalo Ofﬁce (covers Upstate New York)

Lafayette Court

465 Main Street, 2nd Floor

Buffalo, NY 14203-1780

(716) 551-5755 / TTY (716) 551-5787

Residential Tenant’s Rights Guide

New York City Housing Authority

250 Broadway

New York, NY 10007

(212) 306-3000

nyc.gov/nycha

Customer Contact Center (CCC)

(718) 707-7771

Customer Contact Center Walk-In Locations

Bronx/Manhattan/Queens

478 East Fordham Road (1 Fordham Plaza), 2nd Floor

Bronx, NY 10458

Monday-Friday, 8am - 5pm

Brooklyn/Staten Island/Queens

787 Atlantic Avenue, 2nd Floor

Brooklyn, NY 11238

Monday-Friday, 8am - 5pm

New York City Housing Preservation

and Development (HPD)

100 Gold Street

New York, NY 10038

Dial: 311

nyc.gov/html/hpd

Resources

Off ice of the

New York State

Attorney General

Letitia James

ag.ny.gov (800) 771-7755