What Are Your Rights as a Tenant in New York Real Estate Law?

Understanding your rights as a tenant in New York is essential for ensuring a fair and secure living experience. New York's real estate law provides a comprehensive framework to protect tenants from unfair practices and to promote tenant safety and comfort. Here are key rights every tenant should know:

1. Right to a Habitable Living Environment

Under New York law, landlords are required to provide a safe and habitable living environment. This includes essential services such as heat, hot water, and electricity, along with proper maintenance of plumbing and structural integrity. If your apartment has significant issues such as mold or pest infestations, you have the right to request repairs from your landlord.

2. Right to Privacy

Tenants have the right to privacy in their homes. Landlords cannot enter your apartment without proper notice, which is typically 24 hours unless there is an emergency. You have the right to refuse entry if proper procedures are not followed.

3. Right to Security Deposits

New York law limits the amount a landlord can charge as a security deposit to one month's rent. Upon termination of the lease, landlords must return your security deposit within 14 days, minus any deductions for repairs beyond normal wear and tear. They also must provide an itemized list of any deductions made from the deposit.

4. Right Against Discrimination

Your landlord cannot discriminate against you based on race, color, national origin, religion, sex, disability, or familial status. If you believe you have been discriminated against, you can file a complaint with the NYC Commission on Human Rights or the Department of Housing and Urban Development (HUD).

5. Right to Fair Rent Practices

Tenants living in rent-regulated apartments have additional protections against rent increases and evictions. The New York City Rent Guidelines Board determines how much rent can be raised annually. Ensure you understand your rent stabilization or rent control terms to protect your rights.

6. Right to Organize

Tenants have the right to form or join tenant associations and organize for better living conditions. Engaging with fellow tenants can help amplify your concerns and address issues more effectively with the landlord.

7. Right to Proper Petition Procedures

If a landlord wants to evict you, they must follow legal procedures. This includes providing written notice and obtaining a court order for eviction. Self-help eviction tactics, like changing locks or shutoff utilities, are illegal in New York.

8. Right to a Lease Renewal

As a tenant, you have the right to receive a renewal lease unless you are a tenant-at-will or there are specific justifiable reasons for non-renewal under your lease agreement. If you face potential lease non-renewal, consult a legal expert to understand your situation better.

Conclusion

Knowing your rights as a tenant in New York can empower you to handle disputes with confidence and ensure a positive residential experience. If you encounter difficulties and believe your rights are being violated, consider seeking assistance from local tenant advocacy groups or legal counsel to protect your interests.