The Fair Housing Act of 1968 prevents any landlord from discriminating against potential tenants. That may sound simple and straightforward. However, there are many more aspects of this act that New York landlords must understand, so they can avoid accusations of discrimination. For example, landlords cannot deny potential tenants housing based on their physical or mental disability. They might also have to provide reasonable accommodations for that tenant. What are some reasonable accommodations landlords might have to make? Under the Fair Housing Act, most landlords must make reasonable accommodations for any tenants with disabilities. There are a few exceptions, but they are rare. Modifications under this act might include things such as: Building ramps or elevators for easy accessibility Installing Braille print on signs and plaques Adding rails in the tenant’s room and bathroom Landlords must pay for these modifications. However, these modifications should not cost landlords excessively. They might even be able to obtain insurance or federal grants to cover these costs. Accommodations are not just physical Most landlords might think that providing accommodations only requires them to make physical modifications to their property. However, it can also include making reasonable exceptions to the rental property’s policies. For example, most rental properties in New York have a strict “no pets” policy. If a tenant with a disability has a service animal, then landlords might have to adjust that tenant’s rental agreement to permit the service animal on the property. Why is it essential to provide these accommodations? Denying an individual reasonable accommodations to meet their needs could lead some landlords to face complaints or even lawsuits claiming discrimination. Handling lawsuits like this can be incredibly complex, and cost landlords much more than making these adjustments could. If landlords have any questions about the Fair Housing Act or modifications, they should consult an experienced attorney to determine how they should move forward and protect their rights.

In New York, the relationship between a landlord and tenant can be complex. Both have their own set of expectations regarding what is to take place. Disagreements frequently lead to disputes and even litigation. A recent article mentions recently proposed changes to landlord/tenant law that could adversely impact this relationship even further. The news article calls these possible changes sweeping, and such legislation could overall increase government control over housing and prevent landlords from raising the rent. Specifics concerning the proposed changes The rent stabilization laws in New York City cover approximately 907,000 apartments. The new proposal would prevent landlords from raising rents on these apartments should a landlord wish to raise rent to make up for renovation costs. Landlords state that not allowing them to raise rents will only incentivize them not to keep the apartments in good repair. Landlords complain that compliance with current regulations already costs them a significant amount of money. It is for this reason that landlords are fighting any additional proposals. Rent control will always be a contentious topic when it comes to landlord and tenant relations. There are a wide variety of laws and regulations impacting the enforcement of leases and rental agreements in New York City. Different interpretations of the laws can lead to disputes. Sometimes it is necessary to locate legal counsel from attorneys who have the experience to assist both landlords and tenants. The outcome of any landlord/tenant dispute will be greatly dependent upon the individual circumstances. Every dispute is different, and the facts of the situation can be every bit as important as the laws that are in place.

Dealing with difficult tenants is always a challenge. Often, landlords can mitigate tenant complaints or complex disputes without going to court. However, it is not possible to resolve all issues like this. Evicting a tenant often requires a lengthy legal process, but landlords should not have to deal with renters who do not maintain their legal responsibilities. Here are some critical tips for landlords to consider before beginning the eviction process. 1. Review the reason for evicting the tenant Landlords reserve the right to begin the eviction process for a variety of reasons, including: Consistently late or missed rent payments A violation of the lease, such as keeping a pet Purposeful damage to the rental property Engaging in illegal activities on the property, such as drug use or trafficking Causing disruptions or other issues for other tenants However, it is essential for landlords to assess and determine the reasons to evict the tenant. This can help landlords avoid claims of discrimination or violations of the New York Fair Housing Act. 2. Research the renter’s rights Before beginning the eviction process, landlords must review and understand their rights as a landlord. However, it is also helpful for landlords to review New York renter’s rights as well. Understanding the tenants’ rights can help landlords build a strategy for how to approach the situation. It can also help them determine what they can and cannot do during the eviction process. 3. Maintain civility with the tenant The interactions with tenants will vary significantly depending on the issue. For example, a tenant who misses many rent payments often reacts very differently from a tenant who damaged their property when they are faced with eviction. However, regardless of the reason, landlords should always ensure they are civil and respectful with their tenants. It can sometimes be difficult, but being civil can help landlords avoid further legal issues with the tenant or claims that put their reputation at risk.

Affordable housing is a hot-button issue these days. Prospective renters have long been concerned with housing costs and the state of New York is listening. As many current laws come up for renewal in Summer 2019, significant changes could be on the way. Governor Andrew Cuomo has favored rent reform. Among the issues in the rent reform debate is preferential rent. What is preferential rent? Preferential rent is one law that could find itself modified or repealed. The legal maximum rent increase for one-year leases is 1.5 percent and 2.5 percent for two-year leases. Landlords can legally raise rent above those percentages to meet the legal limit if they choose. These rent increases are not applicable if a tenant renews their lease after renting below the legal maximum. Reforming preferential rent may affect landlords The current legislation expires on October 1, 2019, making this a high-priority issue for the state, renters and landlords. Limiting what a landlord can raise rent up to could make attracting and retaining renters more difficult if they must choose between offering lower rent or keeping their building up to date. The law requires landlords to keep their buildings up to code. Maintaining a proper building, of course, ensures the safety and functionality of the building for its tenants. Rent dollars contribute to the maintenance of these buildings and sometimes raising rent costs is the only way to keep a building current. Rent reform, particularly preferential rent could have a significant impact on New York landlords everywhere. Paying rent is not a task anyone looks forward to, but preferential rent is perfectly legal. Limiting the amount by which landlords could have a significant impact on their business and the homes of their tenants.

Many renters act responsibly, according to the terms of their lease. If you have a rental agreement, you likely pay your rent on time, adhere to the pet restrictions and understand that you will have to pay for any damage you cause to your rental unit. Likewise, if you are a landlord, you probably take care of your properties. You run background checks on prospective tenants, make necessary repairs and provide notice of upcoming changes that might affect your tenants. While many landlords and tenants work well together, some are not successful. Charges transpired for one couple Based on allegations of trashing a rental property, one Connecticut couple was arrested in June 2018. Chad Anderson has since received one felony count of criminal property damage. Meanwhile, his wife Jessica’s case is pending. The couple’s landlord, Laura Guilmartin, estimates the Andersons caused more than $20,000 worth of damage to her rental home. The couple’s previous landlord, Dritan Dalipi, alleges the Andersons also caused thousands of dollars of damage in his rental property by violating his pet policy. Although Chad Anderson has no conviction connected with Dalipi, he owes restitution to both landlords. The amount is not yet determined. New York’s Tenant Rights The full extent of the Anderson’s case remains unknown. However, a situation in which it is acceptable to cause unnecessary damage at another person’s expense is highly unlikely. A lease outlines the terms between you and your landlord, as well as your rights – even ones you may exercise during a dispute. However, it is important to remember that if you violate your agreement, your landlord may take steps to enforce their rights and hold you accountable.

Rent control in New York City can make a huge difference in the income you’re able to make off your property. While the program is meant to keep rent prices high enough to cover utility and maintenance costs, it’s not likely to compare to the market value you could be making on the property. If you’ve acquired a property with rent-controlled tenants, check these things to make sure they’re entitled to the cost they pay. Double-check their length of tenancy If your tenants have not been living in the unit continuously since July 1, 1971, they are not entitled to controlled rent. In units within a single or double family home, the tenants must have lived in the unit continuously since March 31, 1953. An exception to this rule is if a qualifying family member has succeeded a qualifying tenancy. How old is the unit? Rent control does not apply to units built after 1947. When can a unit become decontrolled? In smaller apartment buildings that have less than six units, a unit loses its status as rent-controlled once it becomes vacant. The same applies to units in single or double family houses. Otherwise, a rent-controlled unit that is vacant would become “rent stabilized” and follow the according standards. When can a landlord i ncreas e controlled rent? A landlord has the opportunity to increase a controlled rent by 7.5 percent every two years unless the Maximum Base Rent has been reached. The Maximum Base Rent for New York City is re-examined every two years. Use a lawyer ‘ s help to face tenant challenges If you do not follow through on the standard regulations that rent-control imposes or are challenged by a tenant after attempting to increase a controlled rent, consult with a skilled real estate lawyer to learn more about your options. An attorney can help you understand your rights within the context of the situation and advise on whether your tenant’s challenge is legitimate.

As a tenant, you deserve a habitable rental unit. While most landlords have great intentions, sometimes things slip through the cracks. Other times, some landlords are negligent. If your landlord is not making necessary repairs to keep your apartment or home in a habitable condition, then you might need to take some action to get it done. First, you should determine that it is a major problem, it is not your fault, you are paying rent and following state rules about notifying your landlord. If you meet these conditions and there is still a dispute between you and your landlord, here are some of your options. 1. Inform housing inspectors The problem you are dealing with may be violating a local or state housing law. If this is the case, you can contact the appropriate agency. The inspector will then investigate the situation and give the landlord a notice and deadline to complete necessary repairs. 2. Repair and deduct In New York, you have the right to hire a repair person to remedy a serious problem that is making your apartment unfit and deduct the expenses from your rent. Before you hire someone and assume you can deduct the maintenance, make sure you follow appropriate procedures and the problem is serious enough. 3. Suing your landlord If your rental space is truly uninhabitable, you might decide to file a lawsuit. You should only consider this option if it is not detrimental to your safety. For example, you might want to sue the landlord and continue living there if there is a leaky roof in one room, but you probably would not want to continue living there and pursuing a lawsuit if you have no heat during the winter. You should not make any of these decisions lightly or without legal counsel. You can read more about your rights as a tenant in this Forbes article.

After you have screened and chosen a tenant, it is time to prepare your property. While there may be unique steps you have to take depending on whether your tenant receives government assistance or what condition your property is in, there are some general things you should do to make the process easier and minimize complaints. Follow these tips to fulfill your responsibilities as a landlord in New York. 1. Repair damages and resolve health and safety issues If your property has a broken window, hole in the wall or any other existing damage, make sure it is repaired before your tenant moves in. You will also want to verify that there are no health or safety problems. Check for mold, ensure smoke and carbon monoxide detectors are working and verify there are two ways to exit the unit. 2. Check plumbing, heat and electricity All utilities of your property must be in working condition. Even if your tenant will be responsible for covering utilities, you must make sure they work. Heating should work in all rooms; overhead lights should be operational; electrical outlets should work; and there should be no leaks or clogs in sinks, toilets or showers. 3. Clean your property Regardless of whether the property is brand new or you are turning over an apartment with previous tenants, cleaning is necessary. In cases of turnovers, have the unit thoroughly cleaned with special attention given to toilets, showers, refrigerators and stoves. With a new property, sweep and vacuum to clear the unit of any debris. 4. Review and sign the lease with your tenant Meet with your tenant and discuss every section of the agreement. Your tenant should fully understand every term before signing the agreement. Once you have both reviewed the agreement and you have answered any questions or concerns, both of you can sign and date the lease. This will reduce the chances of either of you breaching the lease. 5. Collect security deposit and rent If the full security deposit and rent for the first month are not paid on time, future payments are likely to be late. Collect these payments before your tenant moves in. If you are leasing to a tenant receiving government assistance with Section 8 housing, you will receive a check after the tenant moves in, but the tenant is still responsible for the security deposit. Taking these steps before your tenant moves in will increase the likelihood of a better landlord-tenant relationship. If you experience any issues with your tenant or are having trouble resolving disputes, contact a landlord-tenant law attorney.

Going to court before the judge can be very costly to each party involved. Unfortunately, many landlord-tenant cases escalate before either party considers other options. Here are eight tips to help manage disputes about property. Whether you are a tenant or landlord, you can use these options to work out a manageable solution. Know the law. When you know and understand your rights and responsibilities under the real estate law, you can avoid disputes. Make sure you keep up with current regulations and rules. Have an annual meeting with your attorney to discuss the lease before signing it. If you stage a protest, such as not paying rent or turning off the heat to the building, check with your attorney to make sure it does not weaken your position. Stay calm in a situation. Disputes are inevitable, but when each party remains cool, workable solutions happen without legal threats. Document everything. A paper trail is a great defense when you are having a dispute. Keep a file with all correspondence about everything. Take pictures of problems. Save pictures and documents to the cloud. If you lose your phone, you might lose valuable evidence. Talk about the situation. Remember to stay calm, no matter how angry you get. Even if you are justifiably angry, expressing negative emotions only widens the chasm. When you work with the other party, there might be an honest answer that will save you both money and time. Get a mediator. Talk to your attorney about ways to resolve the situation without going to court. Know your options. When mediation does not solve the problem, arbitration might be a better answer. The arbitration is binding, which means that it could go either way and you will have to adhere to the ruling. If you do have to get lawyers involved, you may be able to settle out of court. Tell your attorney you are looking for a cost-effective solution. Small claims court might be an appropriate solution for some situations. Whether this is a good choice for your issue is a complex matter that can only be determined by the actual situation. Litigation as a last resort Landlord/tenant disputes may happen, but one does not have to break the bank when you have a good approach to finding a solution. If you do have to take the case all the way to civil or criminal court, make sure you have a lawyer who understands landlord/tenant law. An attorney with experience representing both landlords and tenants will often have better insight into an appropriate resolution.

While real estate can be a great investment, renting out a property also comes with its own challenges. Dealing with maintenance and finding new tenants can be difficult, but the most stressful part of managing a rental is often collecting payment. When the mortgage is due and no money is coming in, a landlord’s position can suddenly become extremely precarious. While some renters are easy to work with and always pay their bill on time, others may go weeks or even months without offering up any payment. Here are the steps you should take if you find yourself dealing with a non-paying tenant. Talk it out This may sound obvious, but when a landlord has dealt with continual issues with certain tenants, failure to pay rent may be considered the last straw. It can be tempting to simply cut the power or turn off the water until they pay, but doing so could land you in legal trouble. Landlords need to give their tenants a three-day notice to let them know that they are done waiting and the rent needs to be in immediately. The tenants may have simply forgotten or may be struggling financially and need a few more days. Make formal demands If you are unable to reach an agreement or the tenant continues to fall behind on payments, it may be time to take legal action. The first thing you must do is make a final rent demand, either verbally or in writing. Be specific and include any taxes, late fees or utilities that will be tacked on top of the rent. This demand must be served according to proper legal standards, or the judge may dismiss your case. Typically, you will then need to wait three days after making this demand before you can file a legal claim. Once you have waited the allotted time, you can file a nonpayment claim in the New York State Housing Court. If the tenant will not leave the property, you can file a warrant of eviction. If the tenant already left and returned the keys to you, you will need to file a civil or small claims case to request payment for any unpaid rent. When you are seeking rent from a nonpaying tenant, consulting with an experienced attorney can protect you from the mistakes that are commonly made in service and paperwork. This can mean a faster, complete resolution that will solve the tenant issue and get your rental income flowing again.

A home is the biggest investment most people ever make. There are many costs associated with buying a house besides the purchase price, which means you are probably trying to watch your budget very carefully. A real estate inspection is not required but highly recommended. The American Society of Home Inspectors offers a Standards of Practice which outlines what you should expect when getting a home inspection. This informative document tells you what a home inspector should do and what an inspector is not required to do. Essentially, a home inspection includes a report about the heating and central air conditioning system, the interior plumbing, the electrical system, the roof, attic, ceilings, floors, doors, windows, the foundation, the basement and structural components. During a home inspection, you will learn a lot about maintenance of your new home. The inspection identifies oversights of the builder or major repairs that are needed to make it more comfortable. You receive more information about the home, which gives you confidence to make good decisions about your purchase. Avoid making these mistakes when hiring a home inspector Before hiring a home inspector, check out his or her credentials. Make every attempt to be present at the home inspection. You should plan to set aside a couple of hours to follow the inspector around. Your home inspector is not allowed to give advice about whether the home is a good buy, but can provide information about what kind of repairs are needed to upgrade the home. You should also carefully read the written report you receive from your inspector. Finally, find and schedule a reliable professional before you are ready to make an offer on the home. If you wait too long, your chosen inspector might be booked and unable to get to your inspection in a timely fashion. Home sellers should consider an inspection, too A home inspection can seem invasive, but it is a good time to find out what is wrong with the property. This offers an edge in a competitive market. The knowledge gained in the inspection is worth the expense. If you make repairs before your house goes on the market, you could sell your house quicker. Always get legal counsel to help you understand your rights and responsibilities when buying real estate. An experienced attorney can assist you in reviewing the contracts and protect your interests through closing. Do not try to save on the closing costs of this investment. Get your legal questions answered by talking to a legal advocate.

New York is a city that is dominated by renters. With a rental agreement, there are certain responsibilities on both sides based on landlord/tenant law. There are landlord obligations and tenant obligations that must be adhered to. With that in mind, any violation from either party might make it necessary to have legal assistance to settle it. In some instances, these can be negotiated amicably. In others, it might have gone too far and there is the possibility that a legal filing will be necessary. It is wise to have an understanding of what constitutes a breach of lease and when to move forward with the litigation process. Whether the lease is residential or commercial, the tenant must make all the rent payments. The tenant is also required to adhere to the rules that the landlord has set. If these are broken, this can constitute a breach. There are many different ways in which a tenant can breach a lease contract. For example, if the landlord does not want any construction done to the property without permission, the tenant doing so can violate the agreement. It can also be something as seemingly innocuous as playing music too loud. Landlords are also beholden to the lease. For example, the property has to be safe and habitable. There must be adequate heat. If utilities are part of the rent, these must be maintained along with the other aspects of the agreement. A violation can occur with the renter not realizing that they have legal rights to protest based on the rental contract. With a commercial property, the landlord must make certain that the property is up to code and all the legal requirements are followed. Both the landlord and the renter have to be fully cognizant of all the requirements they have for a rental property. If there is a failure on the part of either side to adhere to the law, it might be necessary to have legal help. An attorney who is fully experienced in landlord-tenant disputes can be helpful in these matters. Both the landlord and the tenant should make certain that they understand their rights and obligations and act accordingly with legal assistance.