What Do You Need to Know About Housing Laws?

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:

• the name and address of the landlord and tenant
• the amount of rent and the date each month the rent is due
• the number of tenants
• the term of the lease (when it begins and ends)
• who pays the utility bills (electricity, gas and heat): the landlord or tenant
• who is responsible for repairs and what cosmetic or significant
• structural changes can the tenant make to the apartment

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 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it (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:

• 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.
• Pay your rent promptly on the date stipulated in the lease
• Keep the apartment in good condition
• Obtain the written consent of the landlord before making structural changes in the apartment, such as painting or attaching shelves
• Be considerate of your neighbors and do not make too much noise.
• Leave the apartment in its original condition when you move out
• Supply the apartment with your own furniture and kitchenware(unless you have rented a "furnished" apartment)
• Dispose of garbage, trash, and recyclable materials in accordance with the landlord's instructions

 
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:

• Provide heat in your apartment from October 1st to May 31st
• Provide hot and cold running water year-round.
• Maintain the public areas in and around the building, collect the garbage, provide lighting in the public spaces
• Repair your apartment.
• Paint your apartment every three years.
• Provide a bathtub or shower, a toilet, and a kitchen sink inside your apartment.
• Maintain a safe, weatherproof building that is free of rats, mice, and bugs.
• Install smoke detectors that are clearly audible in any sleeping area.
• Furnish a locked mailbox with the tenant's name on it.
• Install a peephole in your apartment door, so that you can see visitors without opening the door
• Install a chain-door guard on the entrance door of your apartment to permit partial opening of the door to see visitors
• Install mirrors in each self-service elevator so that you can see if anyone is on the elevator before you get on
• Have access to your apartment, with sufficient prior notice, to provide repairs or services
• Be permitted to enter your apartment, without any notice, in case of a fire

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: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
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.