It can be difficult for an individual to find a rental property in New York City that suits his or her needs. There is often high demand and short supply, accompanied by steep rent payments. Some tenants may only want to rent a room, rather than a whole apartment, whether to save money, because they do not need much space, or because they do not want to commit to a long-term lease. Unfortunately, some New York City landlords may be following illegal rental practices by taking advantage of tenants who are interested in only renting a room. The tenants and landlord of an apartment building in Crown Heights are involved in a dispute that arises from this rent-by-the-room trend. Renting by the room is increasingly popular in Brooklyn, as it offers tenants lower rent prices and rental terms that are often shorter than other available options. The building at issue, located at 80 New York Avenue, was purchased by the landlord in 2014 for $2.3 million. The landlord then renovated the premises and turned the majority of the building’s eight units into apartments with five bedrooms. He rents the apartments to tenants by the room. The practice of renting by the room is only legal if all of the tenants renting a room co-sign a single lease as co-tenants. However, some of the tenants of 80 New York Avenue contend that the landlord is following illegal rental practices and did not require co-singing of a single lease. They have sued the landlord, contending both rent overcharges and illegal deregulation. In their suit, some tenants allege that the landlord and his broker did not inform them of the co-leasing arrangement. Furthermore, some tenants allege that they were not informed that the landlord would have control over those with whom they ended up sharing an apartment. While landlords may be responding to growing demand for rent by the room options, it is imperative that all parties follow legal rental practices. It will be interesting for both New York City tenants and landlords to see how this lawsuit is resolved. Source: The Real Deal, “Landlords in gentrifying Brooklyn are increasingly renting by the room,” Sep. 16, 2016

Typically, tenants in Queens will have to pay a security deposit to a landlord when renting an apartment. In theory, a security deposit, which is often equivalent to one month’s rent, is held by the landlord for the term of the lease and will be used at the conclusion of the tenancy to pay for any damages to the premises or outstanding rent payments. If there are no damages or outstanding rent payments, a landlord is supposed to return a tenant’s security deposit. However, sometimes tenants have trouble obtaining their security deposits from their landlords. A tenant’s lease should specify a landlord’s obligations with respect to a security deposit. There is no legally required time frame in which a landlord must return a tenant’s security deposit, but often a lease will specify a time frame of 30 days. A lease should also enumerate what a landlord may deduct from a tenant’s security deposit, such as money for repairs or other damage. Often, landlord-tenant disputes can arise over what, precisely, constitutes damage to the premises. This can result in a landlord retaining some or all of a tenant’s security deposit. Many leases define damage as that which is more than “normal wear and tear.” Landlords are generally under an obligation to prepare the premises for re-renting, which will include repainting and cleaning, without charging such expenses to a tenant, as long as the tenant left the premises in reasonably good shape upon the conclusion of a lease. It is wise for a tenant to take pictures of the premises upon first leasing and then again upon leaving to document the condition of the property. A tenant who is having difficulty with his or her landlord regarding a security deposit may want to consult with an attorney. A security deposit may be withheld improperly by a landlord, and tenants have rights to have these funds returned. Source: dnainfo.com, “ How to Get Your Security Deposit Back in New York City,” Jeanmarie Evelly, accessed Sep. 16, 2016

Upon completing the often challenging task of securing a rental property in New York City, a tenant might have high hopes that the rest of his or her experience will be smooth sailing. Unfortunately, however, that is not always the case, and all too often landlord-tenant disputes arise over a variety of issues. Tenants may benefit from being aware of some of the common ways that disputes arise and what their rights are in such situations. For example, tenants have certain rights to be secure in their apartments. A landlord must ensure that an apartment’s door is outfitted with a peephole and a chain door guard. New York City tenants may also share their rental properties with their children, immediate family, and one additional guest, even if these people are not listed on the lease. In addition to having premises that are secure, a rental property must also be safe from other hazards. Specifically, the premises must be sanitary and physically safe under a warrant of habitability. Required safety measures include sufficient heat in the winter as well as the absence of dangerous conditions such as black mold. Similarly, landlords are required to control any insect infestations, such as cockroaches or other pests. Expenses related to these exterminations may not be added to a tenant’s monthly rent. If a landlord has failed to meet his or her duties regarding any of the aforementioned standards, or is violating the lease in another manner, a tenant may have a cause of action and may be able to legally withhold rent payments. An attorney may be able to offer much-needed guidance and assistance with a prompt resolution in such a matter. Source: thrillist.com, “ How To Ensure Your NYC Landlord Doesn’t Screw You Over,” Melanie Lieberman, accessed Sep. 9, 2016

Both landlords and tenants have certain obligations to the other party in a landlord-tenant relationship. One of a landlord’s essential obligations is to repair the premises when needed. A landlord is not required to make all repairs, however, so it can be helpful for both landlords and tenants to be aware of repairs that may be required pursuant to landlord obligations. At the most basic level, a New York City tenant has the right to live in a rental property that is habitable. An acceptable level of habitability includes premises that have safe and working electrical, plumbing and heating systems, as well as access to hot and cold water. The roof must not be leaking and the structure must be sound. Therefore, if there are any deficiencies in these systems that disallows them from working properly thena landlord must make necessary repairs to comply with basic standards of habitability. It is important, though, for tenants to be aware that landlords are not necessarily required to fix all manner of potential problems that may arise in a rental property. For example, a landlord may not have to repair a window screen that is torn, a dripping faucet or a running toilet, despite the frustration that such an issue may cause for a tenant. However, if a rental agreement specifies that a landlord is required to fix these types of problems, then that landlord will be legally required to do so. Furthermore, a landlord’s promise to make a repair may be sufficient to require him or her to make the promised repair. Tenants may become frustrated if repairs to a rental property are needed and are not completed in a timely fashion. A tenant who is involved in a dispute with his or her landlord regarding repairs may wish to consult with an attorney to discuss his or her legal rights and options. Source: FindLaw, “ A Tenant’s Rights to Landlord Repairs,” accessed Sept. 2, 2016

Given the rising cost to rent in New York City, the law is designed to make sure that some residents are able to rent a place to live or stay in their current residence without having to pay escalating prices to do so. This is known as rent stabilization. Many people seek to have a rent stabilized apartment because it is beneficial both financially and practically. Understandably, landlords would like to be able to maximize their earning power commensurately with property costs and other maintenance issues. They are concerned about people keeping their rental without paying any increases in rent. This is often the foundation for a dispute. Those who are involved in a dispute over rent stabilization, whether it is from the perspective of an owner or a renter, must make sure to understand their legal rights as well as landlord/tenant law. One reason this must be done is because there are requirements that must be adhered to when there is a rent stabilized residence. If these requirements are not met, then it is possible that litigation might be necessary to settle the matter. In some cases, disputes arise when a person who rented an apartment a long time ago has taken steps to retain it that might not be in full compliance with the initial rental agreement. The property owner might then shirk his or her landlord obligations and try to coerce the resident to leave, thereby leaving the apartment open to a significant increase in the rental price. Since rental property can be so lucrative in New York, it is not unusual for both sides to engage in a disagreement over this and other rent stabilization issues. With landlord-tenant disputes, there is often the temptation to take matters into one’s own hands. This is a mistake that can make matters worse. The wisest course of action is to adhere to the law in an attempt settle any rental property dispute. To do that, it is imperative to have a qualified attorney to go through the process to address the matter in the most beneficial way possible.

Due to expensive rent rates in New York City, many individuals opt to live with roommates. While living with a roommate or co-tenant offers numerous potential advantages, there is also the potential for conflict to arise between the parties, as well as between a landlord and tenants. It is important to distinguish between roommates and co-tenants, as these parties have different legal rights. When roommates are both named on the lease of a rental property, they are co-tenants and have the same rights and obligations to the premises. In contrast, when an individual rents space to another individual as a roommate, that person is not a co-tenant and does not have the same legal rights. If co-tenants are no longer on good terms, either co-tenant may try to negotiate with the landlord of a non-rent regulated building to acquire a lease as a sole tenant. For rent-stabilized premises, co-tenants each have a right of renewal and if either wants a new lease in his or her name only, he or she must acquire the written consent of the other co-tenant. A landlord cannot renew a rent-stabilized apartment to only one tenant without the other co-tenant’s consent. Additionally, neither a landlord nor a co-tenant can take a tenant’s name off a lease that has not yet expired. To do so may constitute an illegal eviction. An individual’s signed lease will establish that he or she still has the right to occupy the premises. If you are facing a dispute with a co-tenant or a landlord regarding a co-tenant leasing issue, you may want to consult with an attorney. These can be complex, and often time-sensitive, issues and legal counsel may provide a tremendous advantage for a tenant. Source: New York City Rent Guidelines Board, “ Roommate Issues & Leases FAQ,” accessed Aug. 19, 2016

Finding the perfect apartment in New York can be difficult. Managing location with housing needs with a reasonable budget can be stressful. Unfortunately for some New Yorkers, an already difficult process is made even worse due to the “blacklist”. What is the “blacklist”? The blacklist is a list put together by tenant-screening database companies. The information used to put together this list is based primarily on housing court records. Landlords often use this list to help determine whether they will approve or deny an application for housing. How do people get “blacklisted”? The two most common ways that a tenant could end up on the blacklist include: Eviction. Anyone that is evicted for any reason could be on the blacklist. Withheld rent. Tenants may withhold rent for a number of reasons. In some cases, the tenant cannot afford to pay rent. In others, the tenant is using the rent payment as a means to get a landlord to complete a repair or renovation. When these issues lead to housing court, odds are high the tenant’s name will appear on the tenant blacklist. Opponents of the use of tenant blacklists argue that they are inaccurate. A recent report by the New York Times discussed these inaccuracies, noting that even tenants that win their cases are put onto these lists. In an effort to ensure that the information on these lists is accurate, Councilman Benjamin J. Kallos introduced a piece of legislation that would require screening companies to provide a description of the case, including whether the tenant won. This is just one of many proposals pushing to reform this system currently under consideration. Will blacklists go away? It is not likely that blacklists will go away anytime soon. However, the various proposals under consideration may result in laws that help to better ensure the lists are more accurate.

New York City tenants have both legal rights and obligations. For example, they have to make regular rent payments and abide by the terms of their lease. They also have various rights regarding the habitability of the premises and what they may do with the premises. One right that tenants may have is the right to sublease the property, as this blog reported in a previous post. Despite the potential availability of a subleasing option, however, the process of subleasing does not always go smoothly. Quite often, a tenant may find him or herself embroiled in a landlord-tenant dispute over a subleasing arrangement. When the parties have differing understandings of subleasing options and responsibilities, a legal dispute may arise. In such a situation, a person can benefit from legal counsel experienced in landlord/tenant law. Attorney Seth Rosenfeld practices extensively in the field of landlord/tenant law. He represents both landlords and tenants in Queens and throughout the city. He will address each client’s unique situation and propose potential options and courses of resolution. Mr. Rosenfeld recognizes that time is often of the essence in matters of real estate law, and he will work to determine a quick solution to a client’s legal issue. If litigation is appropriate, Mr. Rosenfeld will pursue this course of action on his client’s behalf, and his years of experience in the courtroom help ensure that clients receive top-notch representation during trial. Fortunately, sometimes Mr. Rosenfeld can also resolve landlord-tenant disputes without pursuing litigation. Additional information about the services Mr. Rosenfeld can provide landlords and tenants embroiled in a landlord-tenant dispute is available at our firm’s website.

New York City landlords and tenants often have disagreements. From issues concerning rising rent payments, to maintenance obligations, it can at times be difficult to maintain an amicable landlord-tenant relationship. One particularly troublesome turn of events that may escalate a landlord-tenant dispute is if a landlord changes the locks on a rental property without providing the tenant with a key. Under New York City’s Administrative Code, a landlord who changes a resident’s locks without providing the resident with a key has likely violated the city’s Unlawful Eviction Law. Renters protected under this law are those who are tenants or subtenants with a lease, a legal occupant of an apartment for at least 30 days, as well as residents of rent-stabilized hotel rooms who have requested a lease. Residents who have been locked out of their apartments will need to establish that they are in fact the lawful occupants of the apartment in contention in order to regain access. It may be wise to keep papers proving occupancy, such as a lease, utility bills or rent receipts, with a trusted friend or relative who lives elsewhere, should such documents be needed. There are multiple ways for a tenant to handle a situation in which a landlord has changed the locks on his or her apartment. He or she may wish to report the illegal lock out to police at a local police station. Additionally, he or she may opt to pursue an “illegal lock out case” in New York City’s Housing Court. An attorney can provide much-needed assistance in such a case, particularly as it pertains to establishing residency of an apartment. A tenant who has been illegally locked out of his or her apartment may be worried and frightened. An attorney can provide prompt and effective help to resolve such a dispute. Source: www1.nyc.gov, “Tenants’ Rights and Responsibilities,” accessed August 7, 2016

Some New York City landlords have taken legal action following a rent freeze in the city enacted by the Rent Guidelines Board. Recently, the New York City Rent Guidelines Board adopted Order No. 48, which has been endorsed by New York City Mayor Bill de Blasio, and places a freeze on rent increases. For one-year leases, rent increases are frozen at zero percent, and for two-year leases, rent increases are frozen at two percent. This is the second year in a row that this rent freeze has affected rental agreements, and some New York City landlords have taken legal action in Manhattan State Supreme Court. Four Brooklyn landlords, who together own more than one million apartments, have filed a lawsuit asking for judicial intervention in the matter. The majority of the landlords’ apartments are rent-stabilized. The Rent Stabilization Association, a trade group which represents 25,000 landlords in New York City, has joined the landlords in the filing. The landlords and the Rent Stabilization Association contend that the Rent Guidelines Board exercised powers not permitted under the city’s Rent Stabilization Law in enacting the rent freeze. Furthermore, the landlords contend that the rent freezes negatively affect them and that they are unconstitutional. The plaintiffs are asking that a judge not only annul Order No. 48, but also declare it unconstitutional and require the Rent Guidelines Board to draft a new version that comports with the law. This recent issue is just one of many circumstances that can affect a relationship between a landlord and tenant. Both tenants and landlords need to be aware of landlord obligations and how current legal issues may affect rental properties. Landlords or tenants who are experiencing issues related to potential rent freezes or rent increases may find that an attorney who is experienced in landlord-tenant disputes can provide helpful guidance on such matters. Source: courthousenews.com, “Facing Year 2 of NYC Rent Freeze, Landlords Sue,” Josh Russell, July 18, 2016

A New York City tenant who signs a rental agreement likely plans to use the rental property for the full term of the lease. However, sometimes situations arise in which a tenant wishes to sublease a property. While common, subleasing can raise complex issues between landlords and tenants that may lead to landlord-tenant disputes if not handled properly. A tenant who sublets a property transfers his or her legal interest in the property to another person. In a sublease, a tenant, known as the prime tenant, will be transferring less than his full interest in an apartment to a subtenant. Disputes may arise between landlords and tenants when tenants fail to follow the proper procedure for subletting. In New York City, those tenants who live in apartment buildings which have at least four apartments have the right to sublease if they have their landlord’s advance consent. Landlords cannot restrict tenants’ right to sublease completely, but they do have the right to deny a sublease based on reasonable grounds. Significantly, in the event a landlord denies a sublease on unreasonable grounds, a tenant may still sublease. Whether grounds for denial are reasonable or unreasonable is certainly an area from which landlord-tenant disputes may arise. It is important to note that a tenant who acquires consent from a landlord to sublease is still liable to his or her landlord for rent payments and other obligations of the lease agreement. A tenant who wishes to obtain consent from a landlord to sublease must follow a carefully prescribed process under New York law, including submitting a written request regarding the potential subleasing to his or her landlord. A landlord or tenant who is facing a dispute regarding a subleasing issue may wish to consult with an attorney who may be able to guide the parties to a potential resolution. Source: ag.ny.gov, “Tenants’ Rights Guide,” accessed July 22, 2016

For different renters a landlord fills different roles. For some the landlord is simply a person who collects rent checks every month. For others the landlord represents the entity charged with keeping the building safe and secure. For everyone, however, the landlord-tenant relationship can be complex when there is a dispute to be resolved. One issue that arises far too often is renters who are injured on the property. Many injured New Yorkers are hesitant to file a lawsuit for fear of retribution – or they simply don’t understand their rights. Can you sue your landlord? Yes. While The Law Office of Seth Rosenfeld, ESQ., doesn’t necessarily handle personal injury cases, we have a long history representing clients through even the most complex landlord-tenant disputes. By representing both landlords and tenants in our practice, we have gained a clear insight into how disputes can be resolved quickly and efficiently. An injury – even a seemingly minor slip-and-fall – can have long-lasting repercussions to your health. Landlord-tenant disputes, from evictions to rent increases to unsafe common areas, must be handled with close attention to the goals and motivations of both parties and various New York statutes. Accidents can come in many forms, including: Falling on a defective stairway Tripping over torn carpeting or broken tiles Slipping on wet surfaces Falling from an unstable balcony Being scalded by hot water from a faulty water heater Additionally, a landlord who fails to ensure the security of his or her tenants can leave the entire building open to physical or sexual assault. If you suffered an injury due to the negligence or inattention of your landlord, it’s important that you get the facts and understand your legal options. You might be afraid to challenge your landlord, but, in many situations, you are entitled to seek monetary compensation for lost wages, medical bills, and pain and suffering. Make sure to learn your rights before making a snap decision.