Rental Property Health and Safety

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Commonly Asked Questions about Rental Property Health and Safety

What can a landlord not do in New York?

A landlords failure to make a repair or provide an important service may be a violation of the New York City Housing Maintenance Code or the Multiple Dwelling Law. In an HP action, a judge can order the landlord to correct the violations.

What cant a landlord do in New York state?

New York state anti-harassment laws make it illegal for landlords to engage in any action that is intended to force tenants to leave their homes or otherwise give up their rights under law.

What are the responsibilities of a landlord in NY State?

Landlords Duty of Repair All repairs must be made within a reasonable time that may vary depending upon the severity of the repairs. In New York City, the landlord is required to maintain the public areas in a clean and sanitary condition (NYC Admin.

What can you withhold rent for in NYS?

Tenants have the right to withhold rent due to unremedied code violations in their unit. If a landlord fails to provide their tenant with a safe, livable, and sanitary dwelling, the tenant has the right to pay their rent into a separate bank account, rather than to the landlord -- this is called paying in escrow.

What makes an apartment uninhabitable in New York state?

Warranty of habitability A landlord might violate a tenants right by, for example, not providing heat or hot water on a regular basis, or not ridding an apartment of an insect infestation. The warranty of habitability includes public areas of a building in addition to individual apartments.

What is the security deposit rule in NY?

At the beginning of their tenancy, all tenants can be required to give their landlord a security deposit, but it is limited to no more than one months rent. The one-month limit means that a landlord cannot ask for last months rent and a security deposit.

What is considered landlord harassment in New York state?

Under New York States Rent Regulation Laws, harassment is defined as conduct by a landlord that directly or indirectly interferes with, or is intended to interfere with, your privacy, comfort, and enjoyment of your dwelling.

Can a tenant refuse entry to a landlord in NY?

Tenants have the right to privacy in their rented homes and can refuse entry to landlords who do not provide proper notice or have an illegitimate reason for entry. If this right is violated, tenants can take legal action to prevent continued violations and potentially seek damages.