HABITABILITY AND REPAIRS
WARRANTY OF HABITABILITY
Tenants are entitled to a livable, safe and sanitary
apartment. Lease provisions inconsistent with this right are
illegal. Failure to provide heat or hot water on a regular basis,
or to rid an apartment of insect infestation are examples of a
violation of this warranty. Public areas of the building are also
covered by the warranty of habitability. The warranty of
habitability also applies to cooperative apartments, but not to
condominiums. Any uninhabitable condition caused by the
tenant or persons under his direction or control does not
constitute a breach of the warranty of habitability. In such a
case, it is the responsibility of the tenant to remedy the
condition. (Real Property Law §235-b)
If a landlord breaches the warranty, the tenant may sue
for a rent reduction. The tenant may also withhold rent, but in
response, the landlord may sue the tenant for non-payment of
rent. In such a case, the tenant may countersue for breach of
the warranty.
Rent reductions may be ordered if a court finds that the
landlord violated the warranty of habitability. The reduction is
computed by subtracting from the actual rent the estimated
value of the apartment without the essential services.
A landlord's liability for damages is limited when the
failure to provide services is the result of a union-wide building
workers' strike. However, a court may award damages to a
tenant equal to a share of the landlord's net savings because of
the strike. Landlords will be liable for lack of services caused
by a strike when they have not made a good faith attempt,
where practicable, to provide services.
In emergencies, tenants may make necessary repairs
and deduct reasonable repair costs from the rent. For example,
when a landlord has been notified that a door lock is broken and
willfully neglects to repair it, the tenant may hire a locksmith
and deduct the cost from the rent. Tenants should keep receipts
for such repairs.
LANDLORDS' DUTY OF REPAIR
Landlords of buildings with three or more apartments
must keep the apartments and the buildings' 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, ventilating systems and
appliances landlords install, such as refrigerators and stoves in
good and safe working order. Tenants should bring complaints
to the attention of their local housing officials. (Multiple
Dwelling Law (MDL) §78 and §80; Multiple Residence Law
(MRL) §174. The MDL applies to cities with a population of
325,000 or more and the MRL applies to cities with less than
325,000 and to all towns and villages.)
LEAD PAINT
Landlords of apartments in multiple dwellings in New
York City where a child 6 years old or younger lives must
protect against the possibility that children will be poisoned by
peeling of dangerous lead based paint. Landlords must remove
or cover apartment walls and other areas where lead based paint
is peeling. The law presumes that lead based paint was used in
the apartment if the building was built prior to January 1, 1960.
(NYC Health Code §173.14) Landlords must provide all
tenants with a pamphlet prepared by the federal Environmental
Protection Agency which warns the tenants of the hazards of
lead based paint and a disclosure form advising what the
landlord knows about the presence of lead based paint in the
apartment and building.
SAFETY
CRIME PREVENTION
Landlords are required to take minimal precautions to
protect against 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 the tenants.
Landlords may recover from tenants the cost of providing this
equipment. (Multiple Dwelling Law §50-a)
LOBBY ATTENDANT SERVICE
Tenants of multiple dwellings with eight or more
apartments, are entitled to maintain a lobby attendant service
for their safety and security, whenever any attendant provided
by the landlord is not on duty. (Multiple Dwelling Law §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 MAIL
Tenants in multiple dwellings can install and maintain
their own locks on their apartment entrance doors in addition to
the lock supplied by the landlord. The lock may be no more
than three inches in circumference, and tenants must provide
their landlord with a duplicate key upon request.
The landlord must provide a peephole in the entrance
door of each apartment. Landlords of multiple dwellings in
New York City must also install a chain-door guard on the
entrance door to each apartment, so as to permit partial opening
of the door. (Multiple Dwelling Law §51-c; 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.
SMOKE DETECTORS
Outside New York City and in Buffalo, each apartment
in a multiple dwelling (three or more apartments) must be
equipped by the landlord with at least one smoke detector that
is clearly audible in any sleeping area. (Multiple Residence
Law §15; Buffalo Code Ch. 395)
Landlords of multiple dwellings in New York City
must also install one or more approved smoke detectors in each
apartment near each room used for sleeping. Tenants may be
asked to reimburse the owner up to $10.00 for the cost of
purchasing and installing each battery-operated detector.
During the first year of use, landlords must repair or replace
any broken detector if its malfunction is not the tenant's fault.
Tenants should test their detectors frequently to make sure they
work properly. (NYC Admin. Code §27-2045, §27-2046)
WINDOW GUARDS
Landlords of multiple dwellings in New York City
must install government approved window guards in each
window in any apartment where a child ten years old or
younger lives. Tenants are required to have such guards
installed. In other cases, landlords are required to install
window guards provided the tenant requests them. Windows
giving access to fire escapes are excluded. Protective guards
must also be installed on the windows of all public hallways.
Landlords must give tenants an annual notice about their rights
to window guards and must provide this information in a lease
rider. Rent controlled and stabilized tenants may be charged
for these guards. (NYC Health Code §131.15)
TENANT'S PERSONAL RIGHTS
TENANTS' ORGANIZATIONS
Tenants have a legal right to organize. They may
form, join, and participate in tenants' organizations for the
purpose of protecting their rights. Landlords may not harass or
penalize tenants who exercise this right. Tenants' groups have
the right to meet in any common area in their building, such as
lobbies and halls, in a peaceful manner, at reasonable hours
without obstructing access to the premises or facilities. (Real
Property Law §230)
RETALIATION
Landlords are prohibited from harassing or retaliating
against tenants who exercise their rights. For example,
landlords may not seek to evict tenants solely because tenants
(a) make good faith complaints to a government agency about
violations of any health or safety laws; or (b) take good faith
actions to protect rights under their lease; or (c) participate in
tenants' organizations. Tenants may collect damages from
landlords who violate this law, which applies to all rentals
except owner-occupied dwellings with fewer than four units.
(Real Property Law §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: (a) to provide necessary or agreed upon repairs or
services; or (b) in accordance with the lease; or (c) to show the
apartment to prospective purchasers or tenants. In emergencies,
such as fires, the landlord may enter the apartment without the
tenant's consent. A landlord may not abuse this limited right of
entry or use it to harass a tenant. A landlord may not interfere
with the installation of cable television facilities. (Public Service
Law §228) .
DISCRIMINATION
Landlords may not refuse to rent to anyone or renew
leases of, or otherwise discriminate against, any person or
group of persons because of race, creed, color, national origin,
sex, disability, age, marital status or familial status. (Executive
Law §296 (5)) In addition, in New York City, tenants are
further protected against discrimination with respect to lawful
occupation, sexual orientation or immigration status.
Aggrieved tenants may complain to the New York City Human
Rights Commission. (NYC Admin. Code §8-107(5)(a))
Landlords may not refuse to lease an apartment or
discriminate against any person in the terms and conditions of
the rental because that person has children living with them.
This restriction does not apply to housing units for senior
citizens which are subsidized or insured by the federal
government or to one- or two-family owner occupied houses or
manufactured homes. An aggrieved family may sue for
damages against a landlord who violates this law and may
recover attorneys fees. (Real Property Law §236)
In addition, a lease may not require that tenants agree
to remain childless during their tenancy. (Real Property Law
§237)
HARASSMENT
A landlord may not take any action to unlawfully force
a rent regulated tenants to vacate their apartments or to give up
any rights they have under the rent laws. Landlords found
guilty of harassment are subject to fines of up to $5,000 for
each violation. Tenants may contact DHCR if they believe they
are the victims of harassment. Under certain circumstances,
harassment can constitute a class E felony. (Penal Law Article
241)
UTILITY SERVICES
HEATING SEASON
Heat must be supplied from October 1 through May
31, to tenants in multiple dwellings if: a) the outdoor
temperature falls below 55 degrees Fahrenheit, between 6 A.M.
and 10 P.M., each apartment must be heated to a temperature
of at least 68 degrees Fahrenheit; (b) the outdoor temperature
falls below 40 degrees Fahrenheit, between the hours of 10
P.M. and 6 A.M., each apartment must be heated to a
temperature of at least 55 degrees Fahrenheit. (Multiple
Dwelling Law § 79)
TRUTH IN HEATING
Before signing a lease requiring payment of individual
heating and cooling bills, prospective tenants are entitled to
receive from the landlord, a complete set or summary of the
past two years' bills. These copies must be provided free upon
written request. (Energy Law §17-103)
CONTINUATION OF UTILITY SERVICE
When the landlord of a multiple dwelling is delinquent
in paying utility bills, the utility must give advance written
notice to tenants and to certain government agencies of its
intent to discontinue service. Service may not be discontinued
if tenants pay the landlord's current bill directly to the utility
company. Tenants can deduct these charges from future rent
payments. The Public Service Commission can assist tenants
with related problems.
If a landlord of a multiple dwelling fails to pay a utility
bill and service is discontinued, tenants can receive payment for
damages from the landlord. (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)
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. Complaints
against real estate brokers may be brought to the attention of
the New York Department of State. (Real Property Law,
Article 12-A)
APARTMENT REFERRAL AGENCIES
Businesses that charge a fee for providing information
about the location and availability of rental housing must be
licensed by the State. The fees charged by these firms may not
exceed one month's rent. When the information 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 tenant.
Criminal prosecution for violations of this law may be brought
by the Attorney General. (Real Property Law, Article 12-C)
OTHER PROVISIONS
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 that the tenant or the tenant's spouse occupies the
premises as his 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 his or her primary residence.
Tenants must inform their landlords of the name of any
occupant within 30 days after the occupant has moved into the
apartment or within 30 days of a landlord's request for this
information. If the tenant named in the lease moves out, the
remaining occupant has no right to continue in occupancy
without the landlord's express consent. Landlords may limit the
total number of people living in an apartment to comply with
legal overcrowding standards. (Real Property Law §235-f)
PETS
Tenants may keep pets in their apartments if their lease
permits pets or is silent on the subject. Landlords may be able
to evict tenants who violate a lease provision prohibiting pets.
In multiple dwellings in New York City and Westchester
County, a no-pet lease clause is deemed waived where a tenant
"openly and notoriously" kept a pet for at least three months
and the owner of the building or his agent had knowledge of
this fact. However, this protection does not apply 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 694). Tenants who are
blind or deaf are permitted to have guide dogs regardless of a
no-pet clause in their lease. (Civil Rights Law §47)
SPECIAL TYPES OF HOUSING
The rights, duties and responsibilities of
Manufactured Home Parks' owners and tenants are governed
by Real Property Law §233, popularly known as the
"Manufactured Home Owners Bill of Rights". The DHCR has
the authority to enforce compliance with this law.
The rights, duties and responsibilities of New York
City loft owners and tenants are governed by Multiple
Dwelling Law, Article 7-C. The New York City Loft Board
has the authority to enforce this law.
The rights, duties and responsibilities of New York
City residential hotel owners and tenants are governed by the
rent stabilization law. The DHCR has the authority to enforce
compliance with this law.
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