NY Landlord Restrictions: What They Can't Do

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NY Landlord Restrictions: What They Can't Do

avigating the rental landscape in New York can feel like traversing a complex maze, especially when you're dealing with the rules and regulations that govern the relationship between landlords and tenants. As a tenant, understanding your rights is absolutely crucial, and that includes knowing what actions your landlord is prohibited from taking. New York State has a robust set of laws in place to protect tenants, ensuring fair and equitable treatment. Let's dive into some of the key things a landlord cannot do in the Empire State, so you can be well-informed and empowered.

Ignoring Essential Repairs

Landlords in New York have a legal obligation to maintain a safe and habitable living environment for their tenants. This is often referred to as the warranty of habitability. What does this mean in practical terms? Well, it means your landlord cannot simply ignore essential repairs that affect your health and safety. This includes things like:

  • Heating: In the dead of winter, a functioning heating system is not a luxury; it's a necessity. Landlords must provide adequate heat during the heating season, which typically runs from October 1st to May 31st. The specific temperature requirements vary by locality, but generally, landlords must maintain a minimum temperature during the day and night.
  • Hot Water: Imagine starting your day with an ice-cold shower in the middle of January. Not fun, right? Landlords are required to provide hot water year-round.
  • Plumbing: Leaky pipes, clogged drains, and malfunctioning toilets can create unsanitary conditions and even lead to structural damage. Landlords are responsible for addressing plumbing issues promptly.
  • Electrical Systems: Faulty wiring and electrical hazards can pose a serious risk of fire and electrocution. Landlords must ensure that the electrical systems in their buildings are safe and up to code.
  • Structural Issues: Crumbling walls, leaky roofs, and other structural problems can compromise the safety and integrity of your apartment. Landlords are responsible for maintaining the structural integrity of the building.
  • Pest Infestations: Nobody wants to share their home with unwanted critters. Landlords have a duty to control pest infestations, such as rodents, cockroaches, and bedbugs.

If your landlord fails to make necessary repairs after you've notified them (preferably in writing), you have several options. You can pursue legal action, such as filing a complaint with the New York State Division of Housing and Community Renewal (DHCR) or initiating a lawsuit in housing court. You can also withhold rent (but be sure to put the rent money aside in a separate account, as you may need to pay it later), or you can make the repairs yourself and deduct the cost from your rent (this is often referred to as "repair and deduct"). However, it's crucial to consult with an attorney before taking these actions, as there are specific procedures and requirements that must be followed.

Illegal Eviction Tactics

Eviction is a legal process, and landlords in New York must follow specific procedures to evict a tenant. They cannot resort to self-help eviction tactics, which are illegal and can result in serious penalties. Some examples of illegal eviction tactics include:

  • Changing the Locks: A landlord cannot simply change the locks on your apartment to prevent you from entering. This is a classic example of an illegal eviction.
  • Removing Your Belongings: A landlord cannot remove your furniture, clothing, or other personal belongings from the apartment.
  • Shutting Off Utilities: A landlord cannot shut off your heat, water, electricity, or other essential utilities in an attempt to force you out.
  • Physical Force or Threats: A landlord cannot use physical force or threats to intimidate you into leaving the apartment.

To legally evict a tenant in New York, a landlord must first serve the tenant with a written notice, such as a notice to quit or a notice of non-payment of rent. If the tenant fails to comply with the notice, the landlord must then file a lawsuit in housing court and obtain a court order for eviction. Only a law enforcement officer, such as a sheriff or marshal, can legally execute an eviction order. If your landlord attempts to evict you illegally, you have the right to fight back. You can file a lawsuit against the landlord for illegal eviction, and you may be entitled to damages, including compensation for your expenses, emotional distress, and punitive damages.

Discrimination

Discrimination in housing is strictly prohibited under both federal and New York State law. Landlords cannot discriminate against potential or existing tenants based on certain protected characteristics. These protected characteristics typically include:

  • Race: Landlords cannot refuse to rent to someone or treat them differently because of their race.
  • Color: Similar to race, landlords cannot discriminate based on a person's skin color.
  • Religion: Landlords cannot discriminate against someone because of their religious beliefs or practices.
  • National Origin: Landlords cannot discriminate based on a person's country of origin or ancestry.
  • Familial Status: Landlords cannot discriminate against families with children. This means they cannot refuse to rent to a family or impose restrictions on the number of children allowed in an apartment.
  • Disability: Landlords must make reasonable accommodations for people with disabilities. This might include allowing a tenant to have a service animal or modifying the apartment to make it accessible.
  • Marital Status: Landlords cannot discriminate against someone because of their marital status.
  • Age: Landlords cannot discriminate against someone because of their age.
  • Sexual Orientation: In New York, landlords cannot discriminate based on sexual orientation.
  • Gender Identity or Expression: Similar to sexual orientation, landlords cannot discriminate based on gender identity or expression.
  • Source of Income: In many parts of New York, landlords cannot discriminate against tenants who receive public assistance, such as Section 8 vouchers.

If you believe you've been a victim of housing discrimination, you can file a complaint with the New York State Division of Human Rights or the U.S. Department of Housing and Urban Development (HUD). You may also be able to file a lawsuit in court.

Unlawful Entry

While landlords in New York have the right to access your apartment under certain circumstances, they cannot simply enter whenever they please. Generally, a landlord must provide you with reasonable notice before entering your apartment, except in cases of emergency. What constitutes "reasonable notice" can vary, but typically it's at least 24 hours. The notice should specify the date, time, and purpose of the entry. Legitimate reasons for a landlord to enter your apartment include:

  • Making Repairs: Landlords may need to enter your apartment to make necessary repairs.
  • Performing Inspections: Landlords may conduct routine inspections of the property.
  • Showing the Apartment to Prospective Tenants or Buyers: If you're moving out, the landlord may want to show the apartment to potential renters or buyers.

However, even with proper notice, a landlord cannot enter your apartment at unreasonable times or in a harassing manner. If your landlord enters your apartment without your permission or without providing adequate notice, you may have grounds to sue them for trespass or harassment.

Rent Gouging and Illegal Fees

New York has laws in place to protect tenants from unscrupulous landlords who try to take advantage of them through excessive rent increases or illegal fees. In rent-controlled or rent-stabilized apartments, landlords are limited in how much they can raise the rent each year. These limits are set by the Rent Guidelines Board and are typically based on factors such as inflation and operating costs. Even in unregulated apartments, landlords cannot raise the rent excessively or in a discriminatory manner. Additionally, landlords are generally prohibited from charging certain types of fees, such as:

  • Application Fees: In New York, landlords cannot charge application fees that exceed $20. They must also provide you with a receipt for the application fee and return any unused portion.
  • Late Fees: Landlords can only charge late fees if they are specified in the lease agreement, and the fees must be reasonable. Generally, a late fee of 5% of the rent is considered reasonable.
  • "Key Money" or Other Upfront Fees: Landlords cannot demand "key money" or other upfront fees in addition to the security deposit and first month's rent.

Harassment

Landlords in New York are prohibited from harassing tenants. Landlord harassment is any action by a landlord that is intended to make a tenant feel uncomfortable or unsafe in their home, or to force them to move out. Some examples of landlord harassment include:

  • Repeatedly Disturbing the Tenant's Peace: This could involve making excessive noise, disrupting the tenant's sleep, or engaging in other behaviors that interfere with the tenant's quiet enjoyment of the property.
  • Threatening or Intimidating the Tenant: This could involve making verbal threats, using physical force, or engaging in other behaviors that make the tenant feel afraid.
  • Filing Frivolous Lawsuits: Landlords cannot file baseless lawsuits against tenants in an attempt to harass them.
  • Refusing to Make Necessary Repairs: As mentioned earlier, landlords have a duty to maintain a safe and habitable living environment for their tenants. Refusing to make necessary repairs can be considered a form of harassment.

If you're being harassed by your landlord, you should document the incidents as thoroughly as possible. Keep a record of the dates, times, and details of each incident. You can also consider filing a complaint with the New York State Attorney General's Office or the New York City Commission on Human Rights. You may also be able to sue your landlord for harassment in court.

Conclusion

Knowing your rights as a tenant in New York is essential for ensuring a fair and equitable living situation. Landlords in New York are bound by a complex web of laws and regulations designed to protect tenants from abuse and exploitation. By understanding what a landlord cannot do, you can be better equipped to assert your rights and protect yourself from illegal or unethical practices. Remember, if you believe your landlord has violated your rights, it's always a good idea to seek legal advice from an attorney who specializes in landlord-tenant law. Stay informed, stay empowered, and don't be afraid to stand up for your rights!