New York State Tenant Protection Law
Let’s start with basic rights that any renter has. When renting in New York State all renters are entitled to privacy, health and safety, and utilities. Specifics will depend on what type of contract you sign. When it comes to privacy and renting New York State laws are very specific about what is lawful and what is not. It is unlawful for a landlord or property manager to enter a tenant residence without prior notification or approval. According to New York State law landlords may only enter a private residence to complete agreed upon repairs, at an agreed upon time. For example if you and your landlord agree that he will enter the residence at 4 p.m. on Tuesday to fix the leaky faucet, this is the only time that the landlord is able to access your property. If the landlord is there to fix the agreed upon faucet and wants to do other work at the same time, technically he is not allowed to unless you have a prior agreement.
If your landlord enters your apartment in an attempt to evict you, know that he or she has broken the law. To evict a tenant a landlord must sue in court and win the case. A landlord may never take the law into his or her own hands. For example a landlord cannot lock you out of your residence, threaten you, use violence, stop utilities like water and heat, or remove a tenants possessions from a rented residence. A landlord, or property manager, does not have the right to change locks or stop you from retrieving your possessions at the rental property. Landlords in New York State who use illegal methods to get a tenant to leave a rented residence can be criminally charged in court, or be fined civil penalties. A landlord may only enter a residence uninvited if there is immediate danger like a fire or flood.
Once, when I lived in Long Island, my landlord told his son to break into my home and change the locks while I was gone. The son did as the father asked but also removed property from my residence, put locks where there were none before, and stole my mail. The landlord’s son also shut off the heat in mid November and disconnected the washing machine so that we couldn’t use it. Needless to say, both the father and the son were arrested for breaking and entering, mail theft (which is a federal offense), and unlawful eviction. They both served lengthy jail time and community service. Because of their actions I was able to sue for triple damages, and I received double. According to New York State Tenant Protection law, if a tenant is unlawfully or forcibly put out of his/her apartment or residence they are entitled to triple damages in a court of law, and the tenant in also entitled to restored occupancy.
The second right that all renters have in New York State is the right to a healthy and safe residence. All locks on doors and windows must be in proper working order. Mold and mildew growth must be eliminated and maintained, as well as pest control. If mold, mildew, or pests are infesting your residence the landlord can be sued for negligence. The outside of the residence must be safe for entrance and exit. If you have broken stairs, excess garbage,or loiters it is the responsibility of the landlord to fix repairs and control public access to the property. It is also the responsibility of the landlord to have adequate lighting in and around parking, doorways, and stairs. You should be free of harassment and danger when entering and exiting your rental residence.
Other than home safety, personal safety is all the responsibility of the landlord. The United States Postal Service requires landlords provide secure mailboxes with locks in working order. If you are injured on a rental property at the negligence of a landlord you are lawfully allowed to sue in a court of law, unless you have signed a contract holding the landlord not at fault for injuries. Never sign a contract that doesn’t allow you to sue. If you live in a residence with elevators New York State law provides that all elevators must have a mirror so that people entering can see if someone is already inside. This reduces the risk of personal theft or other personal crime from happening at your residence. Also, smoke detectors are required to be maintained and in working order at all times. This too is the responsibility of the landlord.
The third right that all renters in New York State have is the right to utilities. The utilities specified under New York State law are only heat and water. Electricity, cable, phone, and internet are not considered necessities in New York State. Unless you signed a rental contract that included all utilities, you are only entitled to heat and water. Heat must be supplied from October 1st to May 31st, or if the outdoor temperature is below 55 degrees Fahrenheit. Heat must be provided between 6 am and 10 pm, each day. The temperature for each apartment or rental home must be maintained at 68 degrees Fahrenheit or higher. If your landlord is not providing you with adequate heat you have the right to sue in a court of law. Water is an essential right of life. In New York State you cannot be deprived of water by your landlord. This is unlawful in every sense.
Finally, if you are living in condo, town home, or subleased house or dwelling there are other tenant rights that you are entitled to. Condos, town homes, and apartments sometimes have community facilities like pools and exercise rooms. Unless there is a membership fee or club due, you as a tenant are entitled to access of all these areas. This includes but is not limited to the following. The use of laundry facilities, TV rooms and lounges, vending machines, bathrooms, pools, fitness centers, and other community areas. If there is a due, of course you must pay and agree to the terms of use. Just like any other rental, if community areas are unsafe because of negligence the landlord can be sued.
If you live with roommate or in a sublet, there are certain rights that apply only to you. Tenants residing in a roommate situation or sublet must be allowed access to all community areas of the house or dwelling. This includes but is not limited to the following. Laundry if available, kitchen, communal areas like living rooms and dens, and is allowed access to all bathrooms. If living in a sublet or roommate situation you also have the right to use the phone, TV, or other appliances unless otherwise agreed upon at the time of rental.
Unfortunately, New York State Tenant Protection law usually only covers persons that have a signed lease or contract. If you rent on a month to month basis it is wise to make sure you get a receipt of payment for rent each month. Also get a receipt for any and all deposits you make. Security deposits have to be released to the tenant within 30 days of vacancy of the residence. It is much easier in court to prove wrong doing on the part of your landlord if you have a signed contract. If you do not have a contract make sure that you get receipts and note all problems that remain unresolved on paper. Doing this may help you out later if you run into a problem.
For example. I lived in a basement apartment when I was 19. I was a kid, and foolishly did not sign a contract. Instead I paid by check month to month and never got a receipt. But, I did do one thing right. When I first moved in I inspected my apartment from top to bottom. I noted all broken fixtures, unpainted walls, missing window screens, etc. I immediately let my landlord know what the problems were, and I also noted the date I told him.
Every time I notified my landlord of an issue I would make a note of it. Seven months had gone by and none of the repairs were done so I sued my landlord for damages. Even though I never had a contract, I still had proof he knew about the repairs and purposely did not fix them. I had noted the repairs on paper myself, and since I had done this so well, I was able to trace his calls to the exact date and time on my phone bill, proving he knew and did nothing. Also, since I had written checks I was able to prove that I had been paying rent for 7 months, and therefore I was entitled to tenant rights.
It is very important that tenants in New York State know and understand their rights. Contract and lease agreements cannot be changed without the prior approval of both the tenant and the landlord, unless otherwise stated in your contract. In New York State landlords hold most of the responsibility when it comes to renting and covering damages. If you live in New York City you and your landlord are subject to different laws than the rest of the state. Your local housing authority will be able to provide you with documents and brochures about renter’s rights in New York City and the surrounding burroughs. Remember, what you don’t know can hurt you.
