New York Landlord Tenant Laws

New York state has some of the most comprehensive landlord-tenant laws in the United States. These laws are designed to protect tenants from unscrupulous landlords and ensure that they have safe and habitable living conditions. However, navigating these laws can be confusing, especially for those who are new to renting in New York. That’s why it’s essential to know your rights as a tenant, and this article provides an overview of the key laws and regulations that govern the landlord-tenant relationship in New York.

The article begins by discussing required disclosures that landlords must make to tenants. These disclosures include information about lead-based paint hazards and tenants’ rights regarding discrimination based on lawful sources of income.

The article then moves on to discuss rent and fees, including late fees and rent control laws, which are permitted in New York City and several other municipalities.

Finally, the article discusses fair housing protections that ensure tenants are not discriminated against based on their race, religion, national origin, gender, sexual orientation, or disability. By understanding these laws and regulations, tenants can protect their rights and ensure that they are treated fairly by their landlords.

New York Key Takeaways

  • Landlords in New York must make certain disclosures to tenants, including information about lead-based paint, security deposit details, rent payment receipts, and bedbug infestation history.
  • Rent in New York is due on the date specified in the lease, and landlords may not require electronic payments or charge additional fees for non-electronic payments.
  • New York state law prohibits discrimination in housing based on several protected classes, including sexual orientation, gender identity, and source of income.
  • New York City has two rent increase exceptions for seniors and people with disabilities, and there are rent freeze programs available for eligible individuals.

New York Law Required Disclosures

The required disclosures for New York landlord tenant laws cover a range of topics that landlords must inform their tenants about. These include information about lead-based paint hazards in rental agreements for most properties built before 1978, the name and address of the banking institution holding the security deposit, and the provision of receipts for all rent payments.

Additionally, landlords in New York City must provide a bedbug infestation history disclosure before move-in, and a boldface notice in all residential leases describing whether a maintained and operative sprinkler system exists in the unit.

In addition, landlords must also inform tenants of indoor air contamination test results within 15 days of receiving them, and disclose whether a certificate of occupancy is currently valid for the unit if they own three or fewer rental units.

All housing providers must also provide a disclosure explaining tenants’ rights to request reasonable modifications and accommodations, as well as informing tenants of their rights and remedies regarding lawful source of income discrimination.

New York Rent and Fees

Rent in New York is due on the date specified in the lease, and landlords are not allowed to require tenants to pay rent electronically or charge additional fees for non-electronic payment options. Late fees are limited to $50 or 5% of the monthly rent, whichever is less, and there is a 5-day grace period required in New York.

Rent control is permitted in New York, and several municipalities have active rent control laws. This means that landlords are limited in how much they can increase rent each year for tenants living in rent-controlled units. However, it’s important to note that not all units are subject to rent control, and certain restrictions may apply.

It’s also worth noting that landlords who own a New York investment property containing six or more family dwelling units must keep security deposits in an interest-bearing account. This helps ensure that tenants receive some return on their deposit, rather than it sitting idle in a non-interest-bearing account.

Overall, New York has several regulations in place to protect tenants from unreasonable fees and rent increases, ensuring that tenants can live in a safe and affordable home.

New York Legal Fair Housing Protections

Federal law prohibits discrimination in housing based on certain protected classes, and New York state law adds additional protections for several other categories.

In addition to the federally protected categories of race, color, religion, gender, national origin, familial status, and disability, New York state law also includes sexual orientation, gender identity, age, ancestry, marital status, military status, source of income, pregnancy, and status as a victim of domestic violence as protected categories.

This means that landlords cannot refuse to rent to someone or treat them differently because of their membership in one of these protected categories.

Landlords are also required to provide reasonable accommodations for tenants with disabilities, which may include making physical modifications to the unit or allowing a tenant to have a service animal.

Additionally, landlords are prohibited from engaging in illegal discrimination, which may include refusing to rent to someone because of their race or religion, or asking for additional information or documentation from someone in a protected category.

If a tenant believes that they have been the victim of illegal discrimination, they may file a complaint with the New York State Division of Human Rights or the U.S. Department of Housing and Urban Development.