The New York City rental market is the most expensive in the United States. With sky-high prices and strict housing regulations, it’s no wonder that renters are in need of all the help they can get to navigate their way around the city’s rent laws. To make matters more confusing, rent laws in NYC can be confounding and full of exceptions. To help make the rental process in New York City as painless and straightforward as possible, here’s a guide to the top 10 things that tenants need to know about NYC rent laws.
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Rent Control and Rent Stabilization
Rent control and rent stabilization are two of the most important rent laws in New York City. Rent control applies to buildings built before 1947 and has limited increases in the maximum annual rent based on the rise in the Consumer Price Index. Rent stabilization, on the other hand, applies to buildings built between 1947 and 1974, and allows for rent increases within certain limits, determined by the New York City Rent Guidelines Board. -
Lease Requirements
It is illegal for a landlord to change or add to the existing lease without the written consent of the tenant. New lease provisions cannot be made until the tenant has had 60 days to review the proposed changes. The landlord also cannot collect a security deposit from the tenant at the time of signing a lease. -
Lead Paint Disclosure
Landlords are required by law to disclose the presence of lead paint in any apartment built before 1960. It’s imperative that tenants are aware of the presence of lead paint, as it’s health hazard to human’s and can be especially damaging to children. -
Security Deposit
In New York City, landlords are limited as to how much of a security deposit they can request from a tenant. It’s important to know that a landlord can only charge a tenant one month’s rent for a security deposit, and the tenant must be informed of the amount being charged. -
Roommates
In New York City, it’s legal for a tenant to have a roommate as long as they’ve notified the landlord. The New York City Housing Maintenance Code requires that the landlord give their consent to allowing a tenant to get a roommate, and the landlord has the right to limit the number of roommates a tenant can have in the rental unit.
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Retroactive Rent Increases
A landlord is not allowed to impose a retroactive increase on the rent that would be due during the term of the lease. A landlord can only increase the rent when a rental agreement has expired or at the end of renewal period. -
Tenant Screening
Under New York law, a landlord cannot discriminate against a tenant based on their race, gender, sexual orientation, religion, national origin, or source of income. Landlords are also prohibited from charging a prospective tenant a fee to run a credit check or background check. -
Habitability
Tenants have the right to safe and habitable accommodations, meaning that the rental unit must be in compliance with all state and local building codes. The landlord is obligated to make any necessary repairs to ensure that the rental is up to code and livable. -
Tenant’s Right to Withhold Rent
If a landlord fails to make necessary repairs in a timely manner, the tenant is allowed to withhold a portion of their rent until the repairs are made. However, the tenant is required to notify the landlord in writing of the repairs before they can exercise this right. -
Retaliation and Eviction
Under New York law, landlords are prohibited from retaliating against a tenant for exercising their rights, such as filing a complaint against the landlord or withholding rent due to necessary repairs. Additionally, a landlord cannot evict a tenant without a valid reason and following proper legal procedures.
Navigating the renting process in New York City can be complicated, to say the least. Knowing your rights as a tenant and being aware of the relevant rent laws can help protect both you and your landlord. Keep in mind that rent laws in NYC are constantly changing, so it’s important to stay up-to-date on the most recent regulations.