Are you a tenant? Here are a few things you should know
Tenants in New York City have several rights concerning the protection and condition of their residence. Tenants should plan to live in buildings that are safe, well-maintained, and free of pests, leaks, and hazardous circumstances. Tenants are protected against harassment and discrimination under the law.
Listed below are a few rights you have as a tenant:
- Right to Privacy: the fact that your landlord possesses the building you rent does not give him or her the right to enter anytime they want. You now have the right to a fair amount of privacy as a renter. The landlord may need access to one's rental property to make repairs or perform routine maintenance, but they must usually give you advance notice. They seem to have the right to do reasonable credit and criminal background checks on potential tenants.
- Limits to Security Deposits: Most landlords ask renters to pay a security deposit when they sign a lease, which is subsequently refunded to them after the lease term is over. However, most states have restrictions that limit how much of a security deposit a landlord may ask for and how quickly it must be returned at the conclusion of the lease. Please remember that dogs and other elements deemed liabilities may require an extra deposit.
- A Liveable Home: A "habitable dwelling" is a residence or unit that is suited for human habitation. This implies your rental should be free of hazardous circumstances (poor wiring, no running water, cracks in the floor, etc. ), a big rat or cockroach infestation, or other issues that make it uninhabitable. Most state laws make it illegal for landlords to include anything in a lease that "waives" this privilege.
- Anti-Discrimination Laws: Landlords are prohibited from discriminating against existing or prospective renters based on ethnicity, religion, family status, gender, ethnicity, national origin, or handicap under the federal Fair Housing Act. Advertisements that do not feature any of the protected qualities are included. Some states extend these rights to additional groups, such as LGBTQ people.
If you live in New York State, a good read would be The Housing Preservation & Development Department's handbook named The ABCs of Housing. The handbook goes over housing laws and regulations for both landlords and tenants. Owners and tenants both have legal obligations to one another. Many local and state entities enforce those obligations, including HPD. This pamphlet is intended to assist owners and renters in understanding the rules to regulate housing, as well as provide information on how to get aid. Inside the book, you'll learn about landlord and tenant rights and obligations, how to be safe in your apartment, where to locate more affordable homes or rental aid, and how to contact people who can help you with other housing-related concerns.
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