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Chapter 4: What Do You Need to Know About Housing
Laws?
- The Lease
- Security Deposits
- Rent Stabilization
- Your Right To Have A Roommate
- Your Right To Sublet
- Your Obligations as a Tenant
- Your Landlord's Obligations
- Where To Get More Legal Information About Your Rights As A Tenant
The Lease
A lease is a written contract, which
defines the terms by which a particular apartment is rented.
It is written by the landlord and presented to the tenant for
signature. Since a lease is a binding legal document you should
carefully review it before you sign. After the lease has been
signed, it is too late to make changes.
A lease should contain the following information:
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the name and address of the landlord and tenant |
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the amount of rent and the date each month the rent is due |
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the number of tenants |
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the term of the lease (when it begins and ends) |
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who pays the utility bills (electricity, gas and heat): the landlord or tenant |
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who is responsible for repairs and what cosmetic or significant
structural changes can the tenant make to the apartment |
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Occasionally landlords offer apartments
on a month-to-month basis, rather than on a 1-2 year lease.
In this situation you are known as a "tenant at will,"
and the arrangement may be terminated by either party provided
that written notice is given at least 30 days before the next
rent payment is due.
These are the DO's and DON'T's of signing a lease:
DO discuss and negotiate any problem
areas in the lease before you sign it; be sure to write your
initials beside all changes that you and the landlord make
in the lease.
DO make sure that you receive a
copy of the lease with both your signature and the landlord's
signature on it.
DO make sure that all the provisions
of the lease are legal. Clauses that prohibit children or
overnight guests are NOT legal; check with a tenants' association
or a lawyer if you have questions about your
lease.
DO remember that you are legally
responsible for the payment of rent quoted in the lease.
DO find out what the rules are about
such things as keeping a pet, disposing of garbage, making
noise, subletting, etc.
DO find a safe place to keep the
lease. You may want to consider renting a safe deposit box
at the bank as a very secure way of storing important documents.
DON'T rely on oral agreements. Only
written agreements in a lease are legally binding.
DON'T sign the lease until you are
satisfied that you understand everything in it, including
the legal jargon.
DON'T sign the lease if there are
blank spaces. Cross out all blank spaces before you sign so
no one can make any new changes.
DON'T feel pressured into signing
the lease before you've had time to read it over slowly and
carefully.
Note: It is difficult to break or
alter a lease once it is signed, but if your circumstances
change unexpectedly and you need to leave your apartment before
the lease expires, it is worth speaking with your landlord
to ask if special arrangements can be made. In some cases,
the landlord may be willing to let you leave on 30 days notice,
although you may have to forfeit your security deposit or
agree to find a subtenant.
Security Deposits
Upon signing a lease, you will have
to pay a security deposit of up to one month's rent to your
landlord before you move into your apartment [note: this requirement
may be increased to three or more months' rent if you are an
international student without a guarantor]. The landlord is
required to place your security deposit in an interest-bearing
bank account, and you should be credited yearly with the current
rate of interest on this account minus a one percent service
charge. When you sign a renewal lease, the landlord may require
that you increase the amount of the security deposit to equal
the new monthly rent. Your landlord is entitled to use your
security deposit to pay or any damages (beyond normal "wear
and tear") to the apartment during your occupancy. Otherwise,
your deposit is returned to you when you move out, assuming your
rent has been paid in full.
Rent Stabilization
Rent stabilization is a special New
York City law that protects tenants in certain apartments. Rent
stabilization applies to buildings constructed between 1947
and 1973 that contain six or more units and are not co-ops or
condos. This law means that the city government controls the
price that the landlord can charge. Before you sign a lease
you should find out if your building is rent stabilized. To
find out more, visit www.dhcr.state.ny.us
or call
212-961-8930.
Rent Increases: If you live in
a rent stabilized building, your landlord can increase your
rent only by a fixed percentage each time you sign a new lease.
When you first move in, your rent is based on a fixed percentage
over the price that the former tenant was paying. The law
says that the landlord must show you a copy of the former
tenant's lease, but you must ask to see it. You may choose
to sign a lease for one or two years. The exact percentages
of allowable increases change each year and are determined
by the Rent Guidelines Board, which can be reached at 212-385-2934
or by emailing ask@housingnyc.com
(website: www.HousingNYC.com)
for more specific information.
Vacancy Allowance: A vacancy allowance
is a one-time fee that the landlord can charge a new tenant
when they moves into a rent stabilized building. The legal
amount for a vacancy allowance also changes each year. This
is in addition to the normal annual rent increase.
Your Right To Have A Roommate
An apartment is rented to whoever signs
the lease and his or her immediate family members, including
a spouse, children, parents, or siblings. A tenant living alone
has the right to invite one additional occupant to share the
apartment. The landlord's consent is not required, but you are
required to notify the landlord within 30days after a roommate
moves in. Occupants (i.e. those whose names are not on the lease)
do not have the same rights as tenants
Your Right To Sublet
A tenant has the right to sublet their
apartment to a subtenant. To sublet, the tenant must obtain permission
from the landlord. If you decide to sublet your apartment to
another person, you should make a written contract with that
person. Remember that you are responsible for the actions of
your subtenant, even when you are away. For more information
about subletting, click here.
Your Obligations as a Tenant
In renting your own apartment, here are
some requirements to keep in mind. As a tenant you must:
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Take legal responsibility for paying
the rent each month for the full term of the lease. This
means that if the landlord requires you to sign a 12-month
lease, you must pay for all twelve months even if you
move out after the school year (9 months) ends. |
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Pay your rent promptly on the date
stipulated in the lease |
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Keep the apartment in good condition |
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Obtain the written consent of the
landlord before making structural changes in the apartment,
such as painting or attaching shelves |
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Be considerate of your neighbors and
do not make too much noise. |
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Leave the apartment in its original
condition when you move out |
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Supply the apartment with your own
furniture and kitchenware(unless you have rented a "furnished"
apartment) |
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Dispose of garbage, trash, and recyclable
materials in accordance with the landlord's instructions |
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Note: If you violate certain provisions of the lease you can be legally removed
from the apartment
Your Landlord's Obligations
By law, your landlord must:
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Provide heat in your apartment from
October 1st to May 31st |
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Provide hot and cold running water
year-round. |
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Maintain the public areas in and around
the building, collect the garbage, provide lighting in
the public spaces |
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Repair your apartment. |
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Paint your apartment every three years. |
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Provide a bathtub or shower, a toilet,
and a kitchen sink inside your apartment. |
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Maintain a safe, weatherproof building
that is free of rats, mice, and bugs. |
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Install smoke detectors that are clearly
audible in any sleeping area. |
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Furnish a locked mailbox with the
tenant's name on it. |
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Install a peephole in your apartment
door, so that you can see visitors without opening the
door |
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Install a chain-door guard on the
entrance door of your apartment to permit partial opening
of the door to see visitors |
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Install mirrors in each self-service
elevator so that you can see if anyone is on the elevator
before you get on |
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Have access to your apartment, with
sufficient prior notice, to provide repairs or services |
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Be permitted to enter your apartment,
without any notice, in case of a fire |
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Where To Get More Legal Information About Your Rights As A Tenant
You do not have to be an American citizen
to ask for help from the following agencies.
Metropolitan Council on Housing
339 Lafayette Street, #301
New York, NY 10012
Tel: (212) 979-0611
Website: www.metcouncil.net
This office provides information and assistance
on rent stabilization, housing regulations, etc. and help with
problems you may have with a landlord or real estate broker.
Department of Housing, Division of Code
Enforcement
New York Government Citizen Service Center 311
To contact the Department of Housing, call
311 (24 hours a day, 7 days a week) to report code violations
such as lack of heat, hot/cold water, electricity and apartments
in disrepair, and faulty plumbing.Use this resource after
you have first approached your building's superintendent or
the managing agent about the problem.
The New York City Rent Guidelines Board
51 Chambers Street, Suite 202
New York, NY 10007
Tel: (212) 385-2934
Email: ask@housingnyc.com
Website: www.Housingnyc.com
The NYC Rent Guidelines Board is the agency that establishes
rent adjustments for all rent-stabilized apartments in New
York City. Their website provides comprehensive, up-to-date
information on the New York City housing market, along with
a variety of resources to help tenants and landlords understand
their rights and obligations. Website features include: the
New York State Attorney General's"Residential Landlord/
Tenants Guide;" tips on finding apartments and online
listings; email Q/A; housing "fact sheets;" and
other general housing information.
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