Having a difficult tenant may make a landlord wish there was some way to encourage that tenant to move elsewhere. However, if the tenant believes the landlord is guilty of harassment, it could lead to legal issues. In fact, the tenant may file a claim of harassment in Housing Court. Here are actions the law considers to be tenant harassment in New York City. Creating issues through repairs, utilities or construction When a landlord is aware of repairs needed and does not take care of them in a timely manner, the law will probably side with the tenant that this is harassment. The landlord must also not interrupt services such as the tenant’s electricity, water or heat. Construction may also constitute harassment if it takes place late at night, blocks entrances, or results in excess debris and dust the landlord does not remove in a timely manner. Offering a buyout It is not necessarily illegal to try to get tenants to move out by paying them. Any buyout offer must not involve any of the following, though: Threats, intimidation or obscenities False information about the offer Contact with the tenant at his or her place of employment, unless the landlord has written notice of consent to do so A buyout is legal if it includes, in writing, that the intent of the contact is to offer a buyout, and that the owner of the apartment is the one making the offer. This document must also tell the tenant he or she may reject the buyout offer and remain in the apartment, and that he or she has the right to legal assistance. Tenants who receive a buyout offer may notify the owner, in writing, that they do not wish the owner to contact them about the buyout again. The owner must not attempt to contact the tenant for the next 180 days. Communicating illegally Any repeated unwanted contact, particularly if it is late at night or during nonbusiness hours, could be harassment. Lying to a tenant about violations, material facts, occupancy status or rent stabilization status is also harassment, as is a lawsuit against the tenant that the court determines is frivolous.

No property manager enjoys receiving complaints from an angry tenant against a neighboring tenant. Many complaints seem vindictive, frivolous or overblown; however, legitimate complaints about behaviors that violate lease agreements do occur. Negotiable tenant complaints An example of a negotiable complaint is a downstairs tenant who is upset about hours of foot-pounding noise across his upstairs neighbor’s floor. He complains. The upstairs neighbor denies his allegation, but she agrees to investigate. Her son-in-law, daughter, and two young grandchildren live with her. When she is home, they are quiet. Pandemonium sets in when she goes to work. The upstairs tenant has a word with her family. They reroute the grandchildren to an outdoor play area during the day to resolve the foot-pounding issue. Non-negotiable tenant complaints Non-negotiable complaints are those that can result when lease violations occur, and property owners or tenants take no action. Tenants are aware of their rights and often will not hesitate to seek legal remedy against an owner if a serious tenant problem continues. A property owner may evict a tenant who refuses to remedy a lease violation. In 2016, the U.S. Department of Housing and Urban Development notified all multifamily building owners of a new law coming in 2018: Tenants cannot smoke in their apartments or within a 25-foot perimeter of the apartment property. The law became effective on July 31, 2018. Building owners can evict tenants who remain noncompliant. The Surgeon General, through a well-documented series of long-term studies, firmly states that no amount of secondhand smoke is safe. Even invisible traces of secondhand smoke wafting through an apartment building are carcinogenic, with dire health consequences for those forced to breathe it in. Smoke from one apartment dweller can easily drift through an entire building. Researchers tried fans, ventilation modifications and other containment methods, but no system eliminated the problem. Property owners have had to pull down units and rebuild the apartments because secondhand smoke permeated the sheetrock. More tenants prefer to remain inside their apartments to smoke as the weather grows chilly outside. They are aware of the rules, evidenced by the fact many of them wait to smoke inside until the local rental office closes at the end of each workday. Others, in spite of property managers’ ongoing attempts to educate them, still do not realize the seriousness of the situation. Any tenant who is a victim of secondhand smoke, no matter how faint the odor, may have justification in writing a certified letter to the building manager and providing a copy to the property owner.

Landlords have a right to decide whether tenants can have animals on the property. Some landlords can outright ban pets from the premises while other landlords can create conditions, such as how the pet cannot be a nuisance and put other tenants in danger. However, landlords have to allow individuals with disabilities to have service animals on the premises with them even if other tenants cannot have pets. According to the Fair Housing Act, landlords cannot discriminate against people with disabilities, and not allowing someone to have an essential service animal is discrimination. It is vital for landlords to understand these rules, so they do not upset tenants and bring forth a lawsuit. Service animals are not pets In the eyes of the law, a service animal is not a pet. It is something the individual needs to function in society. Therefore, landlords cannot request an additional fee to have the animal in the apartment building, which is generally the case for many apartment pet policies. However, landlords can request documentation from a doctor that proves the animal is necessary for the person to function. Additionally, landlords can ask for documentation that proves the animal has received all essential vaccinations. Other people still live in the building, and the landlord has the right to make sure everyone else has a safe environment. Cases where a landlord can deny a service animal Landlords need to be extremely careful when they consider denying a service animal. In the event a prospective tenant is unable to provide documentation from a doctor that a service animal is necessary, then a landlord can typically deny the request. Additionally, the documentation must present the need for a service animal. A person may provide documentation that proves the existence of a medical condition, but the doctor may not state the necessity of needing a service animal. Landlords cannot discriminate against service animals based on breed, weight or size.

As a New York landlord, you naturally want to maximize the amount of rent you receive for each of your houses or apartment units. You also want responsible tenants who will pay rent on time and not misuse or destroy your property. Have you ever considered becoming a Section 8 landlord? You may discover that this federally funded program gives you the best of both worlds. If you are unfamiliar with Section 8, the first thing you should know is that Section 8 is the popular name for the Housing Choice Voucher Program, which receives its funding from the U.S. Department of Housing and Urban Development. Basically, Section 8 allows you to rent your homes and apartments to low-income tenants at fair market value. The government pays the majority, if not all, of the tenants’ rent. Section 8 misconceptions Unfortunately, when a lot of people hear the words “Section 8,” they immediately think of low-caliber people living in slum neighborhoods. This is not the case at all. While your Section 8 tenants will be low-income, this does not make them low-caliber. In fact, they must qualify for Section 8 assistance, which includes passing a background check. In addition, you have the right to do your own background checks on all your prospective Section 8 tenants. Nor, in most cases, must you accept anyone and everyone who applies to become one of your Section 8 tenants. As for slum neighborhoods, that has little, if anything, to do with tenants themselves. Rather, the landlords who own the properties bear responsibility for the upkeep of their homes and apartment buildings. Since you are not a slum landlord, your properties likewise are not slums. Be aware that any property you wish to rent to a Section 8 tenant must first pass a Section 8 inspection and subsequently pass a re-inspection each year before you and the tenant renew the lease. In many cases, Section 8 pays above-market rent depending on the location of your specific property. Landlord/tenant disputes As with any other tenant, occasional disputes may arise between you and your Section 8 tenant(s). If and when such occasions arise, Section 8 offers you an extra layer of protection. For instance, if one of your Section 8 tenants damages your property or otherwise fails to live up to his or her lease agreement with you, you can contact that person’s Section 8 worker and explain the problem. The worker will contact your tenant and explain to him or her that (s)he will lose his or her Section 8 voucher if (s)he does not mend his or her ways immediately. In addition, Section 8 will itself pay you for any damage your tenant caused, requiring him or her to reimburse Section 8 for its outlay. All in all, becoming a Section 8 landlord can increase your profits while providing you with an extra layer of protection against uncooperative or destructive tenants. You would do well to check into this option for your rental properties.

In New York, the short answer to the above question is “not very.” Subleasing in our state is a reasonably complicated process and one which takes a fair amount of time. You cannot simply sublet to someone else on the spur of the moment and ask permission – or forgiveness – later. In the first place, you must determine if you even have the legal right to sublet your apartment. You do if your apartment is in a building that is privately owned and contains four or more units. You have this legal right even if your lease says otherwise. You also have this legal right if you live in a rent stabilized apartment. You cannot sublet your apartment, however, if one of the following applies to you: You live in public or subsidized housing such as Section 8, HUD, etc. You live in a nonprofit building You live in a co-op You live in a rent controlled apartment You receive rent subsidies such as Section 8, FEPS, etc. You are part of the SCRIE or DRIE program or another program in which the rent you pay is based on your income Sublease procedure Assuming you have the legal right to sublet your apartment, understand that you can only do so if you intend to be absent from your apartment for 30 days or more, but intend to return sometime thereafter. You can only sublet your apartment for periods of 30 days or longer. In fact, by law, you cannot even rent your apartment to someone who stays there for less than 30 days, let alone sublet it to him or her. The first thing you must do if you decide to sublet your apartment is to obtain your landlord’s permission. You should do this by means of sending him or her a certified letter, return receipt requested. You should keep a copy of this letter in a safe place. The letter must contain the following information: The name, permanent home address and business address of your proposed sublessee The term (beginning and ending date) of your proposed sublease Your reason(s) why you need to sublet your apartment, including the address where you will live during the sublease period A copy of the written sublease agreement you and your proposed sublessee signed A notarized statement, signed by both you and your proposed sublessee, attesting to the fact that the enclosed sublease copy is a true copy of the original sublease agreement you and your proposed sublessee signed Your landlord has 10 days to approve or reject your sublease proposal or request you to provide additional information. If (s)he asks for additional information, you must provide it. Within 30 days of receiving your initial request or your additional information, whichever comes later, your landlord must send you his or her written permission to sublet your apartment or his or her reasons for refusing permission. If (s)he refuses permission, (s)he must state his or her grounds therefor, and these grounds must be “reasonable.” If they are unreasonable, your best strategy is to contact a knowledgeable landlord/tenant attorney to determine your next steps.

There are many contentious issues landlords and tenants come up against. One that has taken the forefront in New York concerns whether security deposits for apartments are too high. Over the course of a lease, a landlord may need to enter the tenant’s apartment. In general, landlords have to provide advanced warnings if they require access to the property. For example, if the landlord needs to schedule a non-emergency repair, then he or she should give the tenant about a week’s notice. If the landlord needs to show the unit to prospective buyers, then the tenant should know about the viewing 24 hours in advance. However, there are times when permission is not necessary. Reasonable hours A landlord can only enter the tenant’s home at a time that is reasonable for both parties. Generally, entering an apartment between 9 a.m. and 5 p.m. is typically acceptable. If the landlord asks to enter the apartment at midnight, then the tenants would be well within their rights to refuse access. Emergency repairs Ordinarily, the landlord has to let the tenant know when he or she will need access to the unit at least a day in advance, if not more. In an emergency situation, such as an electrical issue or a burst pipe, then there is no time to waste. The landlord will need to get inside the unit to inspect the damage and contact the professionals needed to repair the damage. Invitation A landlord choosing to enter an apartment when the tenant is not home constitutes trespassing. The landlord can face criminal penalties for such actions unless the tenant has explicitly invited the landlord to show up at the apartment when he or she is not home. It is beneficial for the landlord to get this invitation in writing in case any disputes come up down the road. Communication is vital for any relationship, and as long as the landlord and tenant remain on the same page regarding when the landlord can show up, they can avoid any altercations.

In the event your tenant has broken an agreement within the lease, you will have grounds for eviction but must follow detailed steps. You must first obtain a warrant from a court clerk. Once you have the warrant signed, you will be able to hire a constable, sheriff or marshal to visit the premises the evict the tenant to issue a notice to leave. Hiring one of these people will come with a fee. Even after you issue the notice, you may have to contend with a tenant who will still not leave the property. Not only is this frustrating, but it prevents you from showing potential new tenants the property. Depending on the circumstances surrounding the tenant’s situation, you have several options available to you. Help the tenant find another place to live It is extremely common for evictions to be a result of the tenant failing to pay rent. As a result, the tenants may stay at the property because they cannot afford to pay rent elsewhere. If you have had a relatively good relationship with the tenant, then you may feel compelled to help in a positive manner. You can utilize community resources to try to find transitional housing for the tenant. Being kind and helpful can be a real asset during this trying time. Take the hard line when necessary If you follow the proper legal process, then you will have a constable, sheriff or marshal at your disposal to forcibly remove the tenant from the premises. Before doing this, you need to make sure you have followed the letter of the law precisely so that the tenant cannot come back to file a lawsuit later. This involves following the correct timelines so that you do not step over a tenant’s legal rights. You also do not want to harass the tenant or threaten to turn off the electricity.

Whether you are a New York landlord or tenant, your lease is the legal document by which you protect your property as a landlord or occupy the leased premises as a tenant. A strong written lease sets forth what each party will do – and not do – during the lease term and is your best recourse if and when something goes wrong or a dispute arises. When one of you fails to do what (s)he promised to do, or does something the lease prohibits, such action or inaction breaches the lease. Whether or not the breach is material, i.e., significant, depends on its nature and what, if any, damages it causes the other party. If you commit a material breach as a tenant, your landlord may be able to evict you and keep your security deposit. If you commit a material breach as a landlord, your tenant may be able to break the lease, move out ahead of time, reclaim his or her security deposit, and possibly sue you. While commercial leases can have their own problems, the most common residential lease breaches are the following: Unauthorized pets Long-term guests Overzealous decorating Unauthorized pets Most residential leases have a provision regarding pets. Some do not allow them at all, others have restrictions as to the type, size and number of pets allowed, and still others have no restrictions per se, but require a pet deposit to cover any damage the pets do to the property. If you as a tenant wish to buy or adopt a pet after moving into your leased home or apartment, check your lease and/or talk with your landlord before doing so. Even if you suffer an injury or develop a medical or psychological condition that requires you to have a service dog, do not simply acquire one without advising your landlord ahead of time. Long-term guests If you are a tenant, your name is on the lease. If you are married or have a roommate, his or her name also likely is on the lease. Any other adult staying in your home or apartment is your guest. Some guests, however, overstay their welcome, with or without your full approval. While a family member or friend can stay with you for a week or two without causing your landlord any problems, you should speak with him or her if your guest will stay longer. Assuming your house or apartment has the adequate space, most landlords are amenable to another adult living there on a long-term basis, but often require that (s)he add his or her name to the lease. This protects not only your landlord, but also you from any lease violations that your long-term “guest” may commit. Overzealous decorating As a landlord, you want to protect your property from damage. As a tenant, you want to make your leased home or apartment “your own” by decorating it the way you want to. Both positions are perfectly reasonable and not necessarily in conflict with each other. Most leases, however, contain a provision that the tenant will return the property to the landlord at the end of the lease period in the same condition as existed when the tenant moved in, reasonable wear and tear excepted. What this means to you as a tenant is that you likely cannot add “personal touches” such as the following without your landlord’s prior approval: Repaint the walls Put up your own light fixtures, ceiling fans, towel bars, coat hooks, etc. Hang your artwork in a manner that damages the walls Put in shelving that attaches to the wall Living in a leased home or apartment should be a mutually rewarding experience for both the landlord and the tenant. Regardless of which you are, a little consideration, forethought and cooperation will go a long way toward maintaining a good relationship and avoiding conflicts.