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NY Rent Law 2019

Updated: Dec 28, 2019

So I read all of the 75 pages of the new rent law. At the end in () will be page number the line number so you can easily find it in the law to double check. here is link for law https://legislation.nysenate.gov/pdf/bills/2019/S6458


For instance Mobile Home section starts at page 64 line 50 (64.50) the biggest part in it,is that landlord can't raise lot rent too high due to hard ships. I skipped the rest; not to common.

Landlords:

Check legal regulated rent increases, not allowed to increase rent on renewal of lease if building receives any federal funding, Section 8, low income etc. (7.36)


If overcharging compared to rent regulations, fee is up to 3 times the overcharge of the combined overcharge over the last 6 years from the complaint + prosecutor fees (11.54)


Recommend, keep record for 6 years and property improvements for longer (14.9)


Can't charge for left over fuel in rent controlled buildings (19.1)


(NYC only) If owner wants to reclaim unit for personal use, cannot evict person who is 62+, lived in unit for 15 years, or impairment/disability other than, alcohol,drugs, gambling, anything that prevents tenant from holding steady employment. (19.37)

Can't deny renewal of lease based on the above. ( 21.18)


Must give written notice of rent increase for unit improvement, can spread cost over max 3 units and can reclaim max of 15,000 towards improvements. (23.9/23.23)


Rent Regulated units section starts at (25.29) a lot of stuff added i didn't go over it because i feel not many landlords deal with rent regulated units upstate.


Energy Efficient improvements can be amortized over 12 years instead of 8 years. (34.36)


Max rent increase for improvements 2% of past rent. Written notice if rent increase greater then 5% (34.40)


You have option to do Temporary rent increase for improvements need written notice starting at (36.8)


Retaliation - illegal to retaliate for following reasons.


-You cannot retaliate due to a good faith/reasonable, complaint/request to fix a safety issue or repair an appliance. (42.22)

-Action by tenant to enforce the lease (42.37)

-Contribution to a tenant organization (42.47) like a tenant union organization.


Retaliation includes

- Includes not renewing lease if lease if less then 1 year (42.49)

- Renewing lease with unreasonable rent increase (43.25)

- Can be considered retaliation if within one year of complaint made. (44.3)


Charging fee/penalty/dollar charge for tenant checking credentials of landlord/agent is punishable by 3x the amount of fee (44.6)


Not for owner occupied building with 4 or less units

Must give written notice if

-not renewing

-increasing rent above 5% current rate; should give notice for any increase


Notice times all must be written

-tenant less then 1 year; notice 30 days

-tenant between 1-2 years; notice 60 days

-tenant for more than 2 years; notice 90 days (44.35)


Tenant Breaking Lease

Landlord must in good faith try to find a new tenant tenant at market rate or current rate. If landlord finds tenant previous tenant lease if terminated. Burden of proof on group that is looking for damages. (44.50)


Landlord can't deny tenant based on the fact that the prospecting tenant had a previous legal dispute/claim. (45.9)


Landlord can't recover attorney fee's upon a default judgement if landlord vs. tenant. (46.15)


WRITTEN RECEIPT upon payment of rent must include.

- Date

- Amount

- Period amount is for

- Address of property

- Signature of Landlord


Must provide receipt unless personal check, if tenant request receipt for personal check from that point forward you must provide receipt for all future payments. (46.20)


If rent paid directly receipt needed immediately, if indirect receipt needed in 15 days. (46.40)


Failure to Receive Rent

Late payment only after 5 days late. Must send written Notice Certified Mail of non-payment. (46.45)(46.48)


If landlord fails to provide notice of non-payment in time period then tenant can use that as a defense in a eviction proceeding.


FEEs

late payment lessor of 5% or $50 (47.1)

Background/Credit Check up to $20 (47.20)

Landlord waive fee if tenant provide copy that is 30 days recent

Landlord can't collect fee unless they provide copy of the checks and a invoice of the checks


Evictions

Written demand of rent must have at least 14 day notice.

If tenant pays all rent due before hearing on petition, landlords argument is nullified. (48.1)

Eviction petition proceeding starts at (48.34)


Eviction due to foreclosure, tenant info confidential (54.34)


Unlawful Evictions = Persons who lived/squat in unit for 30+ day or have a lease (54.44)

Unlawful if

- Threatening force to force vacancy (54.51)

- Engaging in conduct that prevents peaceful usage of property (54.53) Ex. lawn mowing at 7am

- Preventing entry, removing processions, Changing locks without giving key etc. (55.3)


Landlord must make unit habitual if tenant leaves due to condition (55.11)


Crime to evict unlawfully = class A misdemeanor with a fine between $1,000-$10,000 (55.22)


Security

Max 1 month security/advance. (55.55) so when asking for money upfront you can only ask for 1 month rent + 1 month security. Can not ask for 1st, last month + 1 security.


14 days refund of security after tenant vacates.

Unless tenant doesn't pay rent, or damage beyond normal wear and tear. (56.1)


Landlord must give option to give walk through of property between lease signing and occupancy (56.10)


With walk through make list of condition and defects in writing signed by both parties, cannot deduct from security.

landlord must provide notice of opportunity of exit walk through in writing. Must be second to last week of vacancy. (56.24)


48 hour written notice of date and time of exit inspection (56.30)


From exit inspection, written itemized list of stuff planned to be deducted form deposit.

tenant has ability to fix+repair before end of tenancy.(56.33)


-Within 14 days of vacancy must provide another final list of itemized list of money being withheld from security. (56.38)

-Failure to provide written receipt within 14 days the landlord loses the right to keep any portion of security. (56.43)

- Burden of proof on landlord for why they kept the security if in dispute (56.47)


Turning apartment building into coop/condo I didn't cover because not to common upstate biggest thing to take away you need 51% instead of 15% of tenants in unit. (58.4-64.46)


Manufactured homes tenants/landlords (64.50-74.43)



Here is copy of law again https://legislation.nysenate.gov/pdf/bills/2019/S6458


If you disagree or want further clarification comment below, I will fix any discrepancies.

I can list your rentals on your behalf in NY.

Also CMA/ARVs on off market properties or any on MLS.


Let me know Hope this was useful.


Disclosure -Not a lawyer this is my take from what I read, further clarifications should be consulted with your personal lawyer.



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