New York Tenants' Rights

by Hallenborg, Mary Ann

• ISBN13: 9780873378215
• ISBN10: 0873378210
• Edition: 1st
• Format: Paperback
• Copyright: 2002-12-01
• Publisher: Nolo

Summary

Stories about the New York rental market are legendary, but New York tenants know that stories of dishonest real estate agents, rent-gouging landlords and rodent-infested housing can be all to true. And often, tenants don't know where to turn for help.

New York Tenants' Rights provides all the answers to rental problems in one comprehensive book. This book guides readers through legal quagmires and solutions as they encounter them, step by step. They'll find plain-English solutions to problems involving: repairs and services, discrimination, security deposit ripoffs, privacy invasions, excessive late fees, harassment and retaliation, moving company scams, loud neighbors and more!

New York Tenants' Rights covers the extensive rules and regulations of New York City as well as the rest of the state. The book provides forms and letters - plus instructions on how to use them.

Table of Contents

Introduction
Finding a Place to Live
Finding a Place to Rent	2	(8)
Visiting Prospective Rentals	10	(1)
The Application Process	10	(6)
Renter's Motto: Be Prepared	16	(2)
How Your Income and Credit Affect Your Rental Application	18	(2)
The Screening Process	20	(1)
The Verdict	21
Leases and Rental Agreements
How Leases and Rental Agreements Compare	2	(2)
Typical Provisions in Leases and Rental Agreements	4	(16)
Unenforceable Lease Clauses	20	(1)
Signing a Lease or Rental Agreement	20	(1)
Renewal Lease Rights for Rent-Stabilized Tenants	21
Basic Rent Rules
How Much Can Your Landlord Charge?	2	(1)
When Is Rent Really Due?	2	(1)
Where and How Rent Is Due	3	(1)
Rent Receipts	4	(1)
Late Charges and Discounts for Early Payments	4	(1)
Returned Check Charges	5	(1)
What to Do If You Can't Pay Rent on Time	6	(1)
Rent Increases	6
Rent-Stabilization and Rent-Control Rules
Municipalities Subject to Rent Regulation	4	(2)
How to Confirm If a Unit Is Rent-Stabilized or Rent-Controlled	6	(3)
Rent Control	9	(1)
Operating Cost Rent Increases for Rent-Controlled Apartments	10	(3)
Rent Stabilization	13	(3)
Rent-Stabilized Apartment ``Vacancy'' Rents	16	(4)
Rent-Stabilized Renewal Lease Rent Increases	20	(1)
How Rent-Regulated Tenants May Make a Rent Overcharge Claim in Court or Before the DHCR	21	(7)
``Individual Apartment Improvement'' Rent Increases for Rent-Stabilized and Rent-Controlled Units	28	(2)
Major Capital Improvement (``MCI'') Rent Increases for Rent-Stabilized and Rent-Controlled Apartments	30	(2)
Senior Citizen Rent Increase Exemptions (SCRIE) for Rent-Stabilized and Rent-Controlled Tenants	32	(1)
Luxury Decontrol of Rent-Stabilized and Rent-Controlled Units	33
Protecting Your Security Deposit
What's a Security Deposit?	2	(1)
Last Month's Rent	2	(1)
How Big a Deposit Can Your Landlord Demand?	2	(1)
Dollar Limits on Deposits for Rent-Regulated Units	3	(1)
Where Your Deposit Money Must Go	3	(1)
When the Deposit Must Bear Interest	4	(1)
When Interest Is Payable	4	(1)
How Landlords May Increase Security Deposits	4	(1)
Your Security Deposit Rights When the Building Is Sold	4	(1)
Your Options If the Landlord Mishandles Your Deposit	5
Getting Moved In
Inspecting the Rental Unit Before Move-In	2	(5)
Clarify Important Terms of the Tenancy	7	(1)
Hiring a Competent Mover	7	(6)
Applying for Utility Service	13	(1)
Your Right to Install a Satellite Dish	14	(3)
Alterations and Improvements	17
Enforcing Your Roommate Rights
Living With Co-Tenants	2	(2)
Your Rights Under the New York Roommate Law	4	(2)
Overcrowding Statutes Put Legal Limits on Occupancy	6	(1)
Rent-Stabilized Tenants in NYC May Not Charge Roommates More Than Their Fair Share of Rent	7	(1)
Roommates May Trigger Rent Hike for Rent-Regulated Tenants	8	(1)
How to Pass Rent-Regulated Units On to Loved Ones	8
Ending Privacy Invasions
General Rules of Entry	2	(2)
Rules of Entry for New York City Rental Property	4	(1)
Rules of Entry for Rent-Regulated Property	5	(1)
Penalties for Tenants Who Unreasonably Deny Entry	5	(1)
Entry by Others	5	(1)
Other Types of Invasions of Privacy	6	(1)
Tenants' Remedies If a Landlord Acts Illegally	7
Landlord's Duty to Repair and Maintain the Premises
Your Right to a Safe and Livable Home Under the Warranty of Habitability	3	(3)
Your Rights Under State and Local Housing Codes	6	(2)
Landlord Promises for Repairs and Services	8	(1)
Your Right to Specific Services, Repairs and Maintenance	9	(5)
Protection From Environmental Hazards	14	(6)
Tenant Repair and Maintenance Obligations	20	(1)
How to Get Action From Your Landlord	21	(2)
What to Do If the Landlord Won't Make Repairs	23	(2)
Reporting Code Violations to Local Inspectors	25	(1)
Repair and Deduct	25	(1)
Rent Withholding	26	(3)
Suing the Landlord	29	(2)
Applying to DHCR for a Rent Reduction	31	(8)
Moving Out	39
Stopping the Noise That's Driving You Crazy
Noisy Neighbors in Your Building	2	(4)
Noisy Building Equipment	6	(1)
Street Noise	7
How to Fight Landlord Discrimination, Harassment and Retaliation
Who's Protected by Fair Housing Laws?	2	(9)
How to Fight Discrimination	11	(2)
How to Fight Landlord Harassment	13	(5)
How to Stop a Retaliatory Eviction	18
Enforcing Your Right to Sublet Your Apartment
Subletting Basics	2	(1)
What Your Sublet Request Must Cover	3	(2)
How and When Your Landlord May Respond to Your Sublet Request	5	(1)
Special Rules for Rent-Stabilized Tenants	5	(2)
Reasonable Grounds for Rejecting a Sublet	7	(1)
How to Prepare a Sublease Agreement	8
Crime and Security
Play it Safe When Selecting an Apartment	2	(2)
Your Landlord's Basic Duty to Keep You Safe	4	(1)
Minimal Security Requirements in New York City and Buffalo	4	(2)
Security Devices and the Warranty of Habitability	6
How Month-to-Month Tenancies End
How You Can End a Month-to-Month Tenancy	2	(4)
How the Landlord May End a Month-to-Month Tenancy	6	(4)
Your Options After Getting Notice of Termination	10
Dealing With Rent Demands and Nonpayment Eviction Papers
The Rent Demand	7	(3)
Do You Need a Lawyer in a Rent Nonpayment or Holdover Eviction Proceeding?	10	(1)
Calculating Your Deadline to Pay Rent or Leave	11	(1)
Must the Landlord Accept Your Rent After the Demand Expires?	11	(1)
Evaluating Your Legal Options	12	(3)
The Eviction Case: An Overview	15	(3)
Eviction Papers: The Notice of Petition and Petition Nonpayment	18	(3)
How Written Rent Demands, Nonpayment Petitions and Petitions in Holdover Eviction Proceedings Must Be Served to Be Effective	21	(2)
Answering the Nonpayment Petition: Procedural Considerations	23	(5)
Preparing Your Answer: Available Defenses and Counterclaims	28	(4)
New York City's Rent Deposit Law	32	(5)
The First Court Date	37	(1)
Entering Into a Stipulation to Settle a Nonpayment Proceeding	38	(2)
Trial and Judgment	40
Responding to Termination Notices and Holdover Eviction Papers
Do You Need a Lawyer in a Holdover Proceeding?	4	(1)
Termination and Eviction Notices: A Primer	4	(8)
Termination for Violating the Lease	12	(4)
Termination for Immoral or Illegal Use or Occupancy	16	(1)
Termination for Committing or Permitting a Nuisance or Engaging in Objectionable Conduct	16	(1)
Reasons Why Landlords May Terminate Rent-Regulated Tenancies	17	(6)
Evaluating Your Legal Options	23	(3)
Eviction Papers: The Notice of Petition and Petition Holdover	26	(1)
Answering the Holdover Petition: Procedural Considerations	27	(4)
Preparing Your Answer: Available Defenses and Counterclaims	31	(12)
The First Court Date	43	(1)
Entering Into a Stipulation to Settle a Holdover Proceeding	44	(3)
Trial and Judgment	47	(1)
Post-Judgment ``Stays''	48	(1)
Evictions	49
Your Right to End Your Lease
Destroyed, Unsafe or Uninhabitable Rental Unit	2	(1)
Termination by Military Tenants	3	(1)
Termination by Tenant Senior Citizens	4	(2)
When You Volunteer to Leave	6	(1)
Assigning Your Lease	7
Getting Your Security Deposit Back and Other Move-Out Issues
Can You Use Your Security Deposit for Last Month's Rent?	2	(1)
Move-Out Inspections and Procedures	3	(1)
How Soon to Expect Your Deposit Back	4	(1)
Deductions for Repairs, Replacements and Cleaning	4	(2)
Deductions for Unpaid Rent	6	(2)
Handling Security Deposit Disputes	8
Getting Legal Help
How Lawyers Can Help Tenants	2	(1)
Free or Low-Cost Legal Services	2	(1)
How to Choose a Private Lawyer	3	(2)
Legal Fees	5	(1)
Working With Your Lawyer	6	(1)
Resolving Problems With Your Lawyer	7	(1)
Attorney Fees in a Lawsuit	8	(1)
Doing Your Own Legal Research	9	(1)
Where to Find State, Local and Federal Law	9	(5)
How to Research Court Decisions	14
Appendix A Resources for New York Tenants
Appendix B Sample DHCR and Other Government Forms
Index