The change in New York state law last year that limited how much landlords could raise the rent in properties that are rent-regulated were welcomed by tenants throughout New York City and around the state. The new law has had some other impacts.

There’s already been a significant increase in lawsuits by tenants alleging that landlords overcharged them for rent. One attorney, whose firm has seen a 30% rise in such claims, says the increase is in part because these claims can now go back six years instead of four. This puts many landlords at a disadvantage because they may not still have the records indicating improvements they made to a property five or six years ago or added expenses from that far back that warranted a rent increase.

The attorney notes that these claims are often made by tenants who are facing eviction for nonpayment of rent. This concern by landlords of tenants filing these claims has made some landlords hesitant about taking tenants to court who are just a couple of months behind on their rent. According to the Wall Street Journal, the number of these filings has been cut almost in half since late 2018.

Landlords are now more likely, according to the attorney, to settle nonpayment disputes with tenants with the Division of Housing and Community Renewal (DHCR) than in court. This is less expensive. Further, the people handling the disputes are more familiar with rent laws than most judges are.

Another attorney notes that if a landlord-tenant dispute is heard by the DHCR, there are other advantages. For example, a ruling by the agency is less likely to be overturned than a court ruling.

Of course, each case is different. However, it’s worth considering at what point it’s worthwhile to take action against a nonpaying tenant. As one of the attorneys notes, “Landlords were taking tenants to court for one or two months of nonpayment of rent that they had paid but the landlord’s books were messed up/ So someone had to miss work for one or two months of nonpayment, something that gets settled in the hallway.”

If you have an issue with a tenant who’s not paying their rent, it’s wise to consult with an experienced attorney. They can go over your options and provide guidance to help you determine the best course of action.

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You want to check on your property, but you have tenants in place. You don’t want to violate the law, but you have a feeling that there are problems in the home that you haven’t been told about. Neighbors have complained about noise, parties and damage to the home, so you want to check things out as soon as possible.

As a landlord, you need to be sure of the law. Your tenants do deserve privacy in their unit, but at the same time, you also have a right to enter with reasonable notice.

When can you enter your property if a tenant lives there?

Usually, you can enter the property if there are health or safety concerns, if you’ve had access granted to you by a court order, if you’ve sold or rented out the property and gave notice for a showing, or if the property needs maintenance.

It’s normal to enter the tenant’s apartment or home if you are performing a move-out inspection or planned walk through. Most of the time, you’ll need to give advanced notice. Your lease may dictate exactly how long you have to give your tenant before you enter. Most landlords give at least 24 hours.

If your tenant requests maintenance, then that may be the approval for entry that you need. Include that in your lease if you’d like to be able to enter after a maintenance request is made.

When can a landlord enter the premises for the purposes of issuing an eviction or ejection notice?

If you need to enter the property to evict your tenant, then you can enter if you are with a law-enforcement agent who has a service of process order for the eviction.

In any situation, it’s not legal to harass your tenant. If you want to enter the property, always reach out to your tenant and ask about the possibility of entering. Generally, you’ll need to give 24 to 48 hours before you enter, but your lease and the law dictates what you can or cannot do. If your tenant gives you approval to enter, then you can enter right away or at the time they agree to within that period of time.

Can you enter in an emergency?

In an emergency, you can enter a tenant’s unit at almost any time. For example, if there is a fire, flood or gas leak, you may enter immediately.

If you have questions about when you can or cannot enter a tenant’s property, your attorney can give you more advice.

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If you’re the landlord of a newer apartment building, your tenants may use any one or more of “smart access systems” to lock and unlock their doors. Personalized key fobs, smartphone apps and biometric identifiers (like facial recognition technology and eye scans) are becoming more common.

While these new technologies increase convenience for tenants and landlords alike, some people have raised concerns over how much personal data these new technologies can give landlords about their tenants. Moreover, how can landlords use (or misuse) that data?

New York legislators have proposed legislation that would prevent landlords from using the data to monitor, harass or evict tenants. New York City Councilmember Mark Levine, the author of one bill, said, “We need to have strong regulations in place to protect tenants from the misuse of this data by their landlords.” His bill would also limit the data collected via these technologies to a tenant’s name, contact information and apartment number. Among other things, it would also prohibit landlords from selling any data they collect to third parties.

Another bill, proposed by Councilmember Brad Lander, would prohibit landlords from requiring tenants to use these smart technologies instead of old-fashioned keys.

One New York politician is taking similar action on a federal level. Brooklyn Congresswoman Yvette Clarke introduced legislation that would ban the use of facial recognition and other biometric technology housing that’s federally funded. She proposed the bill after people in her district complained about its use in their public housing complex.

Even though these proposals haven’t yet been passed, it’s wise for landlords to keep the privacy rights of their tenants in mind if they have personal data collected by keyless entry systems. If you have questions or concerns or if your tenants have raised the issue with you, it may be wise to talk with an attorney. They can help you take steps to avoid legal problems.

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One of the biggest annoyances of living in apartments and other multifamily dwellings in New York City (and anywhere) is the noise from neighbors and their visitors. Whether it’s the people living above or below or those in the hallways and outdoor common areas, excessive noise can drive residents crazy.

The most common noise complaints are:

• Loud TVs and music
• Heavy footsteps, furniture moving and other sounds on the floor in the unit above
• Parties and other gatherings
• Children crying or screaming
• People shouting at one another

When these noises occur late at night, they can interfere with people’s ability to sleep, seriously impact their quality of life and possibly be detrimental to their health.

When talking to the neighbors (or others creating the noise) doesn’t work, residents often turn to landlords to resolve the problem. Landlords have an obligation to do what they can about noisy, disruptive tenants.

If a tenant brings a noise issue to your attention, you should get the details. Find out when and how often it’s occurring. Determine what, if anything, the tenant has done. Did they try to talk to their neighbor? Do they have recordings of the noise?

Next, you need to notify the allegedly disruptive tenant of the problem. Maybe they had no idea they were disturbing anyone. Remind them of any noise or nuisance clauses in their lease or rental agreement, such as after-hours rules about noise.

If it was a one-time event, such as a party, a visit from family with young children or a delivery of new furniture, the problem should be solved. If, as is often the case, it’s an ongoing problem, you may need to take action as allowed by your agreement and local ordinances. This may include fines or a “cure or quit notice.” In an extreme case where a tenant is persistently disturbing multiple tenants and refusing to stop their behavior, eviction may be a consideration.

It’s wise to have clear, concise rules about noise in your agreements along with details about disciplinary action that will be taken if tenants violate those rules. An experienced attorney can help you with that. They can also help you if you need to take serious disciplinary action against a tenant to help ensure that you remain compliant with the law.

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Many of the landmark rent laws that took effect this summer in New York were aimed at adding protections for renters. They address things like evictions, notices of rent hikes, security deposits, rent caps and application fees.

The changes, which were fought by the real estate industry and trade groups that represent property managers and landlords, are viewed as a power shift from landlords to tenants — one that can be seen in other states from coast to coast. Those who opposed the new measures argued that, among other things, they would make it more difficult for landlords to evict nonpaying or otherwise problematic tenants.

Many landlords may not be familiar with the changes in the laws until they seek to make changes that are addressed in them. If you want to evict a tenant, it’s essential to know what their legal rights are.

For example, a judge can stay an eviction for as long as a year if the tenant can’t find a similar home in the area after making a reasonable effort to do so. They may consider whether the eviction would impact a tenant’s health, their children’s schooling or other significant areas of their life.

Landlords can’t use force to evict someone or lock them out of their home illegally. If they do, they could be charged with a misdemeanor and face up to a $10,000 fine for each incident.

An official with the National Apartment Association notes that these protections for evicted tenants make it difficult for landlords to remove residents whose behavior is negatively impacting their neighbors. Further, allowing a stay of up to a year on the eviction of someone for nonpayment of rent can be financially damaging for landlords.

If you need to evict a tenant, it’s essential to understand both their rights and yours. An experienced attorney can provide valuable guidance that will help keep you from violating the law while seeking to do what’s in your — and your other tenants’ — best interests.

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Investing in rental property is an effective way of building a solid income or padding an existing nest egg. Everyone needs a place to live, after all. However, without proper preparation, novice landlords may begin to experience costly landlord-tenant disputes. Such disputes can quickly deplete your savings and also make you regret your decision to become a landlord in New York.

In some cases, landlord-tenant disputes may occur despite your best efforts. However, armed with a proactive approach, you can head off many disputes before they even occur. The following tips for new landlords can improve the way you manage your rental properties while also helping you avoid potential disputes.

Be firm about collecting rent

When you allow your tenants to fall behind on their rent, you could experience financial hardships. Make sure to be firm about the rent you are due as well as any late fees your tenants owe. It can also help you avoid legal disputes over late or absent rent payments.

Conduct proper tenant screening

Making sure that your tenants are responsible is always a good idea. However, you must also do your best to ensure that the tenants you choose can make their payments. Consider performing credit checks to accomplish this goal, which can also reduce the risk of a landlord-tenant dispute over nonpayment.

Learn the law

One of the biggest mistakes that lead to landlord-tenant disputes is failing to learn and understand the nation’s fair housing laws. To avoid an unintentional violation of tenant rights, familiarize yourself with these and other rental laws.

Finally, you may want to consider the possibility of working side-by-side with a lawyer experienced in landlord-tenant matters. This single step helps you avoid landlord-tenant disputes and also ensures that you do not make other mistakes that could upset your new role as a landlord.

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If you are a landlord or a property manager, chances are you’ve had your share of problem tenants. Some can wind up renting from you due to lax screening processes, but some seem to, unfortunately, fly under the radar.

Below are four types of tenants whom you should avoid at all costs.

Sad Sams and Sallies

They may start immediately or gradually work up to it, but you’ll know that as soon as the first of the month rolls around, they will have a new sob story about why they just don’t have the rent together yet.

Their excuses always sound legitimate and they may not be exaggerating, but your leasing company is not a nonprofit and they have to pay their rent. Every month. On time. Impose consequences and initiate evictions or you’ll be chasing money every month.

Wrecking balls

They’re known as this because they could hardly inflict more damage if they had used an actual wrecking ball on the property. Broken hinges, smashed panes, gritty, grungy carpet and suspicious black mold in the bathroom — was the property used as an apartment or a clandestine meth lab?

Periodic property inspections might be necessary if you suspect damage is occurring. Also, make sure to snap “before” photos prior to their moving in.

Nonstop partyers

It’s not just young renters who like to throw late-night beer blasts with 200 of their closest friends. You may wind up renting to a young family who wants to be the home where all the kids hang out. The problem is, all that hanging out is bound to annoy their quiet-loving neighbors on both sides.

Chronic complainers

Nothing is ever right, it seems, for these malcontents. The lights on the interior stairs are too dim, the floodlight outside shines into their bedroom, the spa is too hot, the pool too cold . . . and ad infinitum.

The sooner that you realize that there is no satisfying these perpetually disgruntled tenants, the easier life will be for you.

If you need help evicting a tenant, seeking the counsel of a Forest Hills attorney who is well-versed in New York laws regarding tenants and landlords can guide you through the eviction process.

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In a word, yes. Many people living with a disability experience great benefits from the presence of a service or assistance animal. However, some New York landlords do not permit pets inside their rental units.

Considering the massive amount of damage animals can cause to a house or an apartment, no-pet policies are understandable. Still, property owners who try to disallow service or assistance animals may face landlord-tenant disputes. To remain in compliance with the nation’s Fair Housing Act (FHA), it is wise to learn how the law works.

Most landlords know that they must provide reasonable accommodations to tenants with disabilities. However, they might not realize that permitting service and assistance animals is a part of the reasonable accommodations regulation. As long as the tenant provides proof that the animal is necessary, you must allow its presence in your rental.

Many people think that service animals and assistance animals are the same. However, they are not. Service animals perform specific tasks for people. For example, a blind tenant might need the services a guide dog provides. An assistance animal, on the other hand, may provide specific services and/or it may simply give the disabled emotional support. An example of an assistance animal is a cat that helps ease depression or anxiety.

Despite the FHA’s rules, property owners can pursue a legal remedy if a service or assistance animal becomes a nuisance to other renters or the property owner. While the law seeks to make certain that the rights of disabled tenants remain protected, it also considers the needs and rights of landlords as well.

An attorney with experience helping property owners in landlord-tenant disputes can help. If a service or assistance animal is causing problems in one of your rental properties, consider reaching out for legal assistance.

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It is your property. You own it, so you can go inside of a unit whenever you need to, right? Well, sure, it is your property, but your tenants have rights, and one of those is the right to privacy. As a responsible New York landlord, you need to enter your properties occasionally for repairs or maintenance. How can you accomplish this without starting a costly and time-consuming landlord-tenant dispute?

Even though it feels like the law is always on your tenants’ side, you have rights, too. You just need to know how to exercise your legal rights without worsening the situation. There are ways to exercise your right to enter the premises reasonably and legally. Below you will find a short outline of when you can enter a rental unit.

• When an emergency occurs
• When you need to make repairs or check for damage
• When you need to investigate possible rental violations
• When you need to show the unit to potential renters
• When you need to show the unit to mortgage or insurance companies
• When a tenant invites you inside

If you follow a couple of simple guidelines, you can enter your units legally without worrying about landlord-tenant disputes. For example, always give your tenants at least 24-hours’ notice that you need to enter the unit. It is also wise to only enter a unit during your regular business operation hours.

During an emergency such as a fire or a burst water pipe, you do not have to give any notice of your intent to enter. If your renter initiates a formal landlord-tenant dispute because you entered during an emergency, you will likely walk away as the victor. Another great way to prevent landlord-tenant disputes from ever occurring is to work with a real estate attorney toward a goal of protecting yourself against litigation.

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Renting out real estate is one of the most successful ways to improve your income. New York landlord-tenant laws are more complex than property laws in many other states. This means that being a landlord in the state is not without some amount of risk.

For example, say a renter initiates a landlord-tenant dispute claiming that your property is unsafe. They refuse to pay any more rent until you give in to their demands. You know you did nothing wrong, but you must still decide how to move forward. Any option you choose is going to cost you money.

If you take the right steps, you can avoid landlord-tenant disputes like the example above. Below are a few tips to help you take a more professional approach to your role as a responsible landlord. These tips can help you mitigate your financial and legal risks as well.

• Make certain to perform regular maintenance to keep your property safe and habitable.
• Consider investing in insurance to help you mitigate the expenses associated with landlord-tenant disputes.
• Develop a fair tenant screening process that does not discriminate against any potential renters on your own or with professional legal counsel.
• When you perform maintenance and make repairs, be sure to address the outside of your property as well as the inside.
• Do proper background checks on any employees you hire to help you manage your property.

All of these tips can help you reduce your financial and legal risks while also helping you avoid costly landlord-tenant disputes. Building a partnership with a real estate law firm is a great way to remain protected while also serving as a fair and friendly landlord.

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