Eviction
Your
landlord is required to seek a warrant for your eviction from a
court
and you have a right to defend yourself. It is illegal for your
landlord
to remove you or your possessions, prevent you from entering
your
apartment, or discontinue services such as water, heat or
electricity,
and such
actions should be reported to the police. These rights
apply to
anyone who lives in a dwelling unit for thirty or more days
including roommates and others not named on a lease. In an
eviction
case for
nonpayment of rent, at any time before the warrant of eviction
is
issued you may request a stay (hold) of the issuance of a
warrant of
eviction
by depositing the rent due and the costs of the proceeding in
housing
court.
Habitability
Your
landlord must maintain standards of habitability. The warranty
of
habitability requires that your landlord maintain your building
in good
repair,
keep the hallways and public areas clean, paint your apartment
every
three years and exterminate rats, mice, roaches, bedbugs, other
vermin,
and deal with any other matter dangerous to life or health, in a
timely
manner. The landlord must also maintain electrical, plumbing,
sanitary, heating, and ventilating systems and appliances
installed by
the
landlord in good working order.
Heat and Hot Water
Every
tenant has the right to hot water all year long at all times at
a
minimum
temperature of 120° F, and to adequate heat, with an inside
temperature of 68° F from 6 a.m. to 10 p.m., when the outside
temperature
is below
55° F, and an inside temperature of 55° F from 10 p.m. to 6 a.m.
when the
outside temperature is below 40° F, during the period of October
1
through May 31.
Taking Your Landlord To Court
If your
landlord does not maintain the building and/or your apartment,
or
fails to
provide reliable services, you can go to your borough’s housing
court by
yourself or with other tenants in your building and start a
court
case
called a Housing Part (HP) action against your landlord, and
request
the
court to order repairs or the restoration of services.
Discrimination
It is
illegal for landlords and their agents to discriminate in the
rental of
housing,
or the provision of services, based on actual or perceived race,
creed,
color, national origin, gender (including gender identity),
disability,
age,
marital or familial status, the presence of children, lawful
occupation,
sexual
orientation or immigration status. In buildings with six or more
dwelling
units, tenants are also protected against discrimination based
on a
lawful
source of income: the landlord may not refuse to rent to a
tenant
based on
his or her intention to pay the rent using Section 8 or another
rent
subsidy or to refuse such subsidy from an existing tenant. If
you have
been
discriminated against, you may contact the New York City Human
Rights Commission by
calling 311.
Quiet Enjoyment
You have
the right to the quiet enjoyment of your apartment and are
entitled
to be free of nuisance or harassment by your landlord or other
tenants.
It is your landlord's responsibility to address ongoing
nuisances
that are
within their control.
Roommates
You have
the right to have family members reside with you so long as the
apartment does not become overcrowded. If only one person has
signed a
lease,
you also have the right to share your apartment with one other
adult
not
related to you, and that person's dependent children, but
overcharging
roommates in rent stabilized apartments is illegal and can put
you at risk of
eviction. Exceptions and restrictions to the rights to share
your apartment
apply
for tenants receiving Section 8, a Senior Citizen Rent Increase
Exemption (SCRIE) or a Disability Rent Increase Exemption (DRIE)
or other
rental
assistance, and for tenants in housing programs where rent is
based
on
income-eligibility. Always check your program's rules before
taking in
another
household member.
Assigning or subletting leases
In
privately owned buildings with at least four units, your
landlord may not
unreasonably deny your request to sublet your apartment. If you
ask to
assign
the rest of your lease, and if the request is reasonable, your
landlord
must
either agree to the assignment or release you from your lease
obligations. Tenants must follow speci!c rules when seeking to
sublet or
assign
their apartment, and a failure to follow these rules may be
grounds
for
eviction. Tenants with Section 8, a senior citizen rent increase
exemption,
or a
disability rent increase exemption other rental assistance
programs, or
in
housing where rent is based on income-eligibility, may not have
such
rights
to sublet and assign while participating in the programs always
check
your
program's rules.
Seniors and Tenants With Disabilities
For
tenants living in rent stabilized, rent controlled, and
Mitchell-Lama
apartments: If you are sixty-two years of age or older or a
disabled tenant,
and you
pay one-third or more of your income in rent, your income falls
below a
certain income threshold, you can apply to have your rent frozen
through
the senior citizen rent increase exemption (SCRIE) or disability
rent
increase
exemption (DRIE) programs. You may apply for such programs
through
the Department of Finance by calling 311. Seniors and disabled
tenants
also have unique protections against certain types of evictions.
Tenant organizations
You have
the right to form, join, and participate in a tenant's
organization
for the
purpose of protecting your rights. Tenants organizations have
the
right to
use common areas of the building, including the lobby if a
community room is not available, free of charge for meetings.
Your landlord
is forbidden by law
to harass you for tenant-organizing activities.
Additional rights of
Rent-Regulated Tenants
Rents
stabilized and rent controlled tenants (rent regulated tenants)
are
subject
to speci!c laws governing, among other things, maximum legal
rents,
causes for eviction, and leases. If you are a rent regulated
tenant, you
have
certain rights relating to:
Lease renewals and riders
Landlords cannot and the tenancy of rent regulated tenants
without good
cause.
In most cases when tenants are in compliance with their leases,
rent
controlled tenants have rights to continuous occupancy, and
rent-stabilized tenants must be offered the option of either a
one or
two-year
renewal lease, but if a renewal is not offered the old lease
remains
in
effect. Rent stabilized tenants are not obligated to sign any
riders or
amendments that change the terms of their original lease.
Rent increases
In rent
regulated units, an apartment's unique history determines its
legal
maximum
rent. Increases for rent controlled tenants are governed by the
maximum
base rent (MBR) system. Rent increases for rent-stabilized
tenants
may not exceed the guidelines set annually by the New York City
Rent
Guidelines Board. Landlords can also apply for increases for
major
capital
improvements (MCIs) or individual apartment improvements (IAIs)
for
certain types of work, using speci!c guidelines and formulas.
Tenants
have an
opportunity to review a landlord’s major capital improvement
application and challenge inconsistencies or violations of
regulations.
Tenants
may avoid individual apartment improvements rent increases for
broken
appliances by asking for them to be replaced with used working
ones
rather than new ones. Individual apartment improvements
performed
during
vacancy can be challenged by the subsequent tenant by !ling a
rent
overcharge complaint with New York State Homes and Community
Renewal.
Succession
Certain
family members (including non-traditional family members) who
live
with a regulated tenant for a period of time before the primary
tenant
moves or
dies have the right to take over the lease for the apartment
under
the same
terms, conditions, and rent levels.
Rent reductions
Regulated tenants may apply for a reduction of rent with the
DHCR for
decreased services.
Illegal overcharges
Regulated tenants may investigate and challenge illegal
overcharges and
seek a
rent adjustment plus damages with New York State Homes and
Community Renewal.
