Tenant Safety Disclosures

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Commonly Asked Questions about Tenant Safety Disclosures

What does uninhabitable living mean?

California Civil Code section 1941 states that when a landlord rents property to a tenant as a place to live, the property must be in a habitable condition. (Habitable means fit to live in; uninhabitable means not fit to live in.)

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.

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.

What makes an apartment illegal in NY?

Warning signs of illegal apartments may include: There is no lease. The landlord insists on receiving cash payments. The landlord wants to meet you at a different apartment before giving out the address.

What repairs are landlords responsible for in New York?

In New York City, a landlord has 24 hours to fix immediately hazardous conditions, like heat or ovens or sinks that dont work at all. They have 30 days to fix hazardous conditions like leaking ceilings or roaches.

What are the disclosures for landlords in NYC?

These required disclosure forms pertain to lead-based paint, window guards, sprinkler systems, bedbug infestation history, flood history, indoor allergen hazards, gas leaks, smoke detectors, carbon monoxide alarms and reasonable accommodations for disabilities.

How to sue my landlord for unsafe living conditions in New York?

You can also bring a case against the property owner in Housing Court to get an order to correct the conditions. This case is called an HP Action. HP actions are lawsuits brought by tenants or groups of tenants against landlords to force them to make repairs and provide essential services, like heat and hot water.

What are renters rights in New York state?

New York tenant responsibilities and rights Living in a habitable rental that meets local and state health and safety codes. Having repairs made in a reasonable time after providing the landlord with written notice. Taking legal action like suing or filing a court order if the landlord commits a lease violation.