New York Landlord's Law Book

by Hallenborg, Mary Ann; Stewart, Marcia; Stewart, Marcia

• ISBN13: 9780873379274
• ISBN10: 0873379276
• Edition: 2nd
• Format: Paperback
• Copyright: 2003-06-01
• Publisher: Nolo

Table of Contents

Introduction
How to Choose Good Tenants and Avoid Discrimination Complaints
Avoiding Fair Housing Complaints and Lawsuits	3	(1)
Legal Reasons for Rejecting a Rental Applicant	4	(4)
Fair Housing Laws Define Illegal Grounds for Rejecting Tenants	8	(11)
Penalties for Housing Discrimination	19	(2)
Advertising Your Rental Property	21	(2)
Renting Property That's Still Occupied	23	(1)
Dealing With Prospective Tenants	24	(6)
Checking References, Credit History and More	30	(6)
Choosing---And Rejecting---An Applicant	36	(2)
Commissions and Finder's Fees	38	(1)
Holding Deposits	39	(1)
Landlords and the Fight Against Terrorism	40
Preparing Leases and Rental Agreements
Which Is Better, a Lease or a Rental Agreement?	2	(2)
Using the Lease Forms in This Book	4	(1)
Completing the Lease or Rental Agreement Form	5	(25)
Signing a Lease or Rental Agreement	30	(1)
New York City Window Guard Rider	30	(2)
Lease Forms and Riders for New York City Rent-Stabilized Units	32	(5)
About Guarantors	37	(2)
How to Prepare a Renewal Lease for Rent-Stabilized Tenants	39
Basic Rent Rules
How Much Can You Charge?	2	(1)
When Rent Is Due	3	(2)
Where and How Rent Is Due	5	(2)
Rent Receipts	7	(1)
Late Charges and Discounts for Early Payments	8	(1)
Returned Check Charges	9	(1)
Partial or Delayed Rent Payments	10	(2)
Raising the Rent	12
Rent Regulation
Rent Stabilization	7	(10)
Rent Control	17	(8)
Individual Apartment Improvement Rent Increases	25	(3)
Major Capital Improvement (MCI) Rent Increases	28	(4)
Senior Citizen Rent Increase Exemption (SCRIE)	32	(1)
High-Rent/High-Income Deregulation	33	(1)
How to Deal With a Rent-Stabilized Tenant's Rent Overcharge Complaint	34
Security Deposits
What's A Security Deposit?	2	(1)
Last Month's Rent	2	(1)
Dollar Limits on Deposits	3	(1)
Dollar Limits on Deposits for Rent-Regulated Units	4	(1)
Where to Put the Money	4	(1)
When the Deposit Must Bear Interest	5	(1)
When Interest Must Be Paid	6	(1)
Changing the Security Deposit Arrangement	6	(1)
Handling Deposits When You Buy or Sell Rental Property	6
Hiring Supers, Resident Managers and Management Companies
Legal Reasons for Hiring a Super or Manager	3	(1)
Hiring Your Own Super or Manager	3	(8)
How to Prepare a Building Superintendent/Property Manager Agreement	11	(6)
Your Legal Obligations as an Employer	17	(4)
Management Companies	21	(1)
Your Liability for a Super or Manager's Acts	22	(2)
Notifying Tenants of the Super or Manager	24	(1)
Municipal Registration Requirements	25	(1)
Firing a Super or Manager	26	(3)
Evicting a Manager	29
Getting the Tenant Moved In
Inspect the Rental Unit	2	(6)
Photograph the Rental Unit	8	(1)
Send New Tenants a Move-In Letter	8	(3)
Cash Rent and Security Deposit Checks	11	(1)
Organize Your Tenant Records	12
Apartment Sharing, Subletting and Assignments
Dealing with Co-Tenants	3	(4)
Subtenants and Other Occupants	7	(3)
Additional Occupants and the Roommate Law	10	(7)
Sublets and the Sublet Law	17	(9)
When a Tenant Wants to Assign the Lease	26
Landlord's Duty to Repair and Maintain the Premises
Landlord's Legal Responsibility for Repairs and Maintenance	4	(9)
How to Meet Your Repair and Maintenance Responsibilities	13	(16)
Tenant Repair and Maintenance Obligations	29	(2)
Tenant Responses to Unfit Premises: Paying Less Rent	31	(5)
Tenant Responses: Calling Inspectors, Filing Lawsuits and Moving Out	36	(4)
Rent-Regulated Tenant's Right to a DHCR Rent Reduction for Decreased Services	40	(6)
Avoiding Problems by Adopting a Good Maintenance and Repair System	46	(6)
Landlord's Regular Safety and Maintenance Inspections	52	(4)
Permissible Limits on Tenant-Installed Satellite Dishes	56
Landlord's Right of Entry and Tenant's Right to Privacy
General Rules of Entry	3	(1)
New York City Tenants Must Permit Entry for Repairs and Inspections	3	(1)
Rent-Regulated Tenants Must Give Access For Repairs, Improvements, Inspections and Showings	4	(1)
The Best Approach to Giving Reasonable Notice	5	(1)
Entry in Case of Emergency	5	(2)
Entry to Make Repairs	7	(2)
Entry to Inspect Unit	9	(1)
Entry During Tenant's Extended Absence	9	(1)
Entry to Show Property to Prospective Tenants, Buyers or Lenders	10	(1)
Entry by Others	11	(1)
Other Types of Invasions of Privacy	12	(2)
What to Do When Tenants Unreasonably Deny Entry	14	(1)
Tenants' Remedies If a Landlord Acts Illegally	15
Dealing with Environmental Hazards
Lead	2	(9)
Asbestos	11	(6)
Refrigerants	17	(2)
Radon	19	(1)
Mold	20
Collecting Overdue Rent
What's a Rent Demand?	2	(1)
Written Rent Demands: The ``Three-Day Notice''	3	(1)
How to Fill Out a Rent Demand Notice	4	(3)
How to Deliver A Rent Demand Notice	7	(5)
Proof of Service	12	(6)
Oral Rent Demands	18	(1)
Accepting Rent After You Deliver a Rent Demand Notice	19	(1)
If the Tenant Won't Pay Rent (or Leave)	20	(1)
If the Tenant Is Chronically Late Paying Rent	20
Terminating Month-to-Month Tenancies
How Month-to-Month Tenancies End	4	(1)
Terminating Month-to-Month Tenancies Within New York City	4	(5)
Terminating Month-to-Month Tenancies Outside New York City	9	(4)
How Much Notice the Tenant Must Give to End Tenancy	13	(2)
When No Notice Is Required to End Tenancy	15	(2)
Accepting Rent After a Termination Notice Is Given	17
Grounds for Terminating Fixed-Term and Rent-Regulated Tenancies
Basic Termination Notices and Terms	4	(1)
Termination for Violation of Lease Term	5	(5)
Termination for Immoral or Illegal Use or Occupancy	10	(1)
Termination For Nuisance or Objectionable Conduct	11	(3)
Grounds For Removing Rent-Regulated Tenants	14	(8)
Tenant's Right of Termination	22	(2)
When a Tenant Volunteers to Leave	24	(1)
Succession Rights to Rent-Regulated Units	24	(3)
Retaliatory Evictions Prohibited	27
How to Prepare and Serve Notices Terminating Leases and Rent-Regulated Tenancies
Termination Basics	4	(6)
Who May Sign Notices?	10	(1)
Preparing a Notice to Cure	10	(5)
Preparing a Termination Notice	15	(4)
Notice of Non-Renewal for Rent-Stabilized Tenants	19	(5)
How To Deliver Notices	24	(1)
DHCR Filing Requirements for Rent-Regulated Tenancies	25	(1)
DHCR Certificates of Eviction	26
Returning Security Deposits and Other Move-Out Issues
Preparing a Move-Out Letter	2	(3)
Inspecting the Unit When a Tenant Leaves	5	(1)
Applying the Security Deposit to the Last Month's Rent	6	(1)
Basic Rules for Returning Deposits	7	(1)
Deductions for Repairs and Cleaning	8	(2)
Deductions for Unpaid Rent	10	(4)
Preparing an Itemized Statement of Deductions	14	(4)
Mailing the Security Deposit Itemization	18	(1)
If a Tenant Files a Complaint or Sues You	19	(5)
If the Deposit Doesn't Cover Damage and Unpaid Rent	24
Lawyers and Legal Research
Finding a Lawyer	2	(2)
Types of Fee Arrangements With Lawyers	4	(1)
Saving on Legal Fees	5	(2)
Resolving Problems With Your Lawyer	7	(2)
Attorney Fees in a Lawsuit	9	(1)
Doing Your Own Legal Research	9	(1)
Where to Find State, Local and Federal Laws	9	(5)
How to Research Court Decisions	14
Appendix I Resources for New York Landlords
A. Real Estate Industry Trade Associations	2	(1)
B. Rent Guidelines Boards	3	(1)
C. Federal Agencies	3	(1)
D. New York State Agencies	4	(6)
E. New York City Agencies	10	(1)
F. Bar Associations and Lawyer Referral Services	10