The Housing Stability and Tenant Protection Act of 2019 (TPA) was signed into law this past June, affecting more than one million apartments in New York City alone. Supporters say the law provides strong protections for tenants and significantly changes the Empire State’s rent laws.

However, critics say there is a lot of confusion over the meaning of some of the new rules. The state Division of Housing and Community Renewal recently told the New York Times that it is working to clarify the regulations.

Areas for possible conflicts between landlords and tenants

Various news media outlets have reported on several landlord-tenant issues after the law was signed. They include:

• Application fees: The new law says “no landlord, lessors, sub-lessor or grantor” can charge more than $20 for a background check on a potential tenant and must waive the fee if the applicant has proof of a background or credit check done within the past 30 days.
• Security deposits: Landlords can’t charge more than one month’s rent for a deposit and must return it within 14 days of a tenant vacating an apartment. If they deduct any amount, they must include an itemized statement showing why it was necessary.
• Rent hikes: Increases are decided by the Rent Guidelines Board, and temporary preferential rent amounts are now permanent and subject to limits for any future increases.
• Building improvements: Some landlords say limits on rent increases could lead many to pay less for maintenance and upgrades to rental properties.
• Vacant apartments: The Blackstone Group told one news outlet that it is keeping dozens of rent-controlled apartments vacant as new laws prevent them from making profits.

Seek legal advice over TPA concerns

Landlords can be best-served by a legal advocate who understands how the new laws will impact them now and in the future. The TPA has brought new and complicated challenges for real estate owners, who can significantly benefit from an attorney here in New York with decades of experience protecting their rights.

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Most landlords in Queens may not have a legal advocate to protect their interests. As attorneys, we understand this. After all, legal assistance can be costly and most property owners do not want to spend money unnecessarily. Unfortunately, saving a buck or two right now might cost you more down the line if landlord-tenant disputes arise.

Our city’s history is full of stories of tenants suffering abuse or unfair treatment by real estate owners who rent out their property. While slumlords are not as prevalent in today’s society, property owners are still suffering the backlash caused by these stories. Many tenants take advantage of property owners because they believe they will win any landlord-tenant dispute that may occur.

We want the property owners in our state to know that you do not have to fear a landlord-tenant dispute when you have done nothing wrong. Our lawyers have seen how landlords often get the short end of the stick in these disputes. As such, we have made it one of our most important goals to assist property owners who have committed no wrongdoing.

When you decide to work with a real estate lawyer, you benefit from our decades of experience protecting property owners. An attorney can help you proactively manage your property. For example, a lawyer can offer valuable guidance when drafting rental agreements, screening potential clients and remaining in compliance with Fair Housing Act (FHA) regulations.

Avoiding costly and disruptive landlord-tenant disputes is a goal most property owners share. Please continue reviewing our website and our legal blog if you require more information on these and other topics.

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Many disagreements can happen between New York landlords and their tenants due to conflicting views over a lease agreement. Conflicts are frequent between renters and landlords whether it’s over repairs or the return of a security deposit.

Renting is advantageous for those who can’t afford a mortgage or those who often move, helping them avoid costs for major repairs and maintenance. But, conflicts do happen, and both sides should prepare for the most common sources of disagreement.

Disputes and how to avoid them

Many issues can arise, and both parties should clarify the terms of the rental agreement, especially for these three areas:

• Damage vs. wear-and-tear: Heated conflicts can happen when tenants are accused of causing damage that they feel isn’t their fault. As a general rule, damage is caused by a single event, while wear-and-tear happens gradually over time. Think of a wine spill on a rug compared to a well-worn traffic area in the carpet.
• Delays in repairs: Landlords know it’s in their best interest to make emergency repairs, such as a leaky roof or burst pipes, as soon as possible. However, less urgent upgrades or repairs may take longer since landlords try to control expenses. Some lease agreements state that tenants are responsible for repairs costing less than $50, for things such as replacing light bulbs or air filters.
• Guest policies: Renters should pay close attention to this section as some leases place limits on the number of days a guest can stay during a specific time. Consider adding that person to the lease if they are permanent or frequent guests. Also, review sections of the lease defining subletting terms as some leases prohibit this without the owner’s consent.

Seek legal advice for unresolved conflicts

Disputes between landlords and tenants do happen frequently, but not all have to end up in court. An experienced attorney familiar with both sides of landlord/tenant laws here in New York can help find a reasonable solution.

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Landlords have specific responsibilities to meet when they offer a property for residential habitation. Ensuring that you meet these requirements can minimize the chance that you will face legal action brought by a tenant.

Not only do you need to be familiar with the local laws, you also need to know federal and state ones. There are several points that can lead to serious problems if they aren’t followed.

No discrimination allowed

Landlords can’t discriminate against tenants for any protected reason. Many of these are covered by the Fair Housing Act and the Fair Housing Amendment Acts. Protected statuses include:

• Disability or impairment
• Color or race
• Religion
• National origin
• Family status, including having children or being pregnant
• Sex or gender

The law forbids discrimination at every step of the rental process. It isn’t allowed when vetting out applications or determining whether to terminate a lease. Standardized rental contracts are necessary since it is illegal to change terms based on a protected status.

Special consideration for New York landlords

New York added another protected status to the list back in 2017. However, it has been only loosely enforced until recently. Landlords can’t discriminate against individuals based on their income type as long as the income is gained legally.

While this might seem like an obvious protection, some landlords have a slight issue. The law means that they must not reject applicants solely because they receive Section 8 housing vouchers. Many landlords prefer not to accept these because of the specifics of the program, but you can’t outright reject someone based on this status.

The primary issue for many landlords is that they might have trouble collecting rent if the renter is ever dropped from the program. Landlords usually aren’t notified of the status change in a timely manner, so they don’t have time to brace for the impact.

Landlords must ensure that properties comply with the safety and health requirements of Section 8. One example is that each window must have a screen that is in good shape. This small requirement can turn costly if screens are being destroyed but you aren’t able to pinpoint the cause of the problem.

It is possible to protect your interests in these cases. First, only rent to applicants whom you have thoroughly screened. This can include background and reference checks. You can also have a detailed lease that outlines exactly what each party is responsible for. Finally, ensure you understand the Section 8 program and how it impacts your position as a landlord.

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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.

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If you are a Queens landlord, it’s certain you’ve had your share of problem tenants. Unauthorized subletting, slow-pay and no-pay tenants all give New York City landlords headaches.

When the issue is that your tenant quit paying the rent, there is a clear path to eviction. But landlords must first lay the groundwork to make sure that they prevail in the eviction. Below are some suggestions for building a strong eviction case.

Don’t drag your feet

Desperate tenants often weave fantastic stories about elusive tax refunds and missing paychecks that never seem to come to fruition. While some hard-luck stories are just that, other tales of woe are cut from whole cloth.

Waiting longer than the grace period for your rent only breeds complacency in rent-averse tenants. Although you may want to overlook a single lapse, continuing to accept late rental payments without tacking on late fees or having the tenant experience other negative consequences sets a pattern of leniency you may later regret.

Document each instance of late rent

Send your tenants “Late Rent Notices” so that they know that you are aware of the breach of their lease. Document each instance. For many tenants, that may be all the prompting you’ll need to do.

Follow up with a phone call

Within a few days of the delivery or posting of the late rent notice, call your tenant if the rent is still outstanding. Finding out what the problem is can help you determine your next move.

Call your attorney

This is generally the point at which most landlords loop in their attorneys. Prior to the actual eviction notice being posted, some landlords have their attorneys send warning letters to tenants that detail the total sums, plus late fees, that the tenants now owe or face eviction unless immediately paid.

If you choose to go this route, ask your attorney to draft the letter to reflect some of the adverse consequences evicted tenants face, e.g., being reported to credit bureaus, blacklisted from renting locally, etc.

Head to court

You definitely should seek legal guidance when going to court on an eviction unless you are very familiar with the eviction process. You wouldn’t want to lose to a wily tenant because you did not file the correct paperwork or some other clerical error.

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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.

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As a landlord, it is your obligation to provide safe and clean facilities for the people who rent from you. You maintain the premises and create a lease that outlines your expectations for tenants. Many landlords choose to not allow animals such as dogs or cats in their rental units because of the potential damages animals can cause.

Other landlords do allow pets, but they also charge a special pet deposit which may be non-refundable, as well as an additional fee each month, sometimes per pet. Whether you allow pets or do not allow pets, there are circumstances in which a tenant can compel you to allow an animal in your rental unit. Understanding those circumstances can help you address them appropriately.

Service and emotional support animals must be allowed

If your tenants or an applicant you have recently approved has a trained service animal or an emotional support animal and legal documentation certifying the animal’s training and necessity for the tenant, you will generally need to allow the animal.

Even someone who has been a tenant for years without a pet can suddenly receive a service animal and request that you accommodate the animal. Under the Americans with Disabilities Act (ADA), it is a form of discrimination to refuse reasonable accommodations to people with physical or mental illnesses, which includes the use of a service animal. Emotional support animals also provide critical services to people who might otherwise struggle with independent living, and as such, they have protections under the Fair Housing Act (FHA).

Refusing to allow a tenant to have a well-trained and properly-cared-for service animal or emotional support animal is effectively a form of discrimination. In fact, you cannot even charge your tenants with medically necessary animals the same charges you would assess against tenants who simply wanted to have a pet.

You may have options if a tenant abuses the law

The truth is that many people intentionally abuse the ADA in order to keep pets in apartments they otherwise could not or take animals into spaces where it is not appropriate for them to be. Some people will buy service animal vests for animals that have received no training. Others will buy an emotional support animal letter of recommendation from a doctor or therapist with who they and their pet have no real relationship.

It can be quite difficult to look into these situations without violating the rights of your tenants. However, a little investigation could go a long way. For example, if the dog has a branded service animal vest, you can contact the organization named on the safety vest and determine whether they trained the animal or not.

For emotional support animals, you may be able to use the internet to search for the name of the recommending professional. If you find that they advertise creating these letters for a small fee, you can very likely contest the placement of the animal in your space. If the animal is already there, you can possibly evict the pet itself.

This is a very complicated area of law, so it will probably be in your best interest to speak with an attorney as soon as possible if you find out a tenant or potential tenant wants a support or service animal in your unit against the terms of your lease.

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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.

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Many New York landlords have found themselves stuck in the unfavorable position of having a tenant who is behind on rent payments. Whether they are continually late in paying or are several months behind, you may question your options to enforce timely payments.

Managing rent-delinquent tenants can be one of the most challenging and unenjoyable parts of being a landlord. Tenants may pepper you with excuses or conveniently dodge your frequent attempts to collect rent. Here are four considerations to manage difficult tenants and collect rent on time:

Follow through on your late-payment policy

Your lease should contain terms for late payments. When a tenant is late on rent, assess the situation, including by checking whether this is the first time the tenant has paid rent late. Stick to your policy, whether that includes issuing a written reminder, penalizing them with a late fee or more.

Talk things out

Whether your first steps went ignored or the late payments persist, your next step should be to informally talk with the tenant. Putting a face behind the rent payment can alert your tenant to the fact that if they don’t pay rent, the responsibility falls on you. Be careful to strike the right tone from the start: be understanding and respectful, yet firm.

Issue a formal notice

In a last effort to collect payment, you must demand rent either orally or in written form, according to your lease. Known as a “pay or quit notice,” New York law requires you to issue this formal demand that allows the tenant at least three full days to pay the late sum. This notice also allows the tenant the opportunity to move out instead of potentially facing eviction.

Assess your options to evict the tenant

When your notice goes ignored, it’s time to evaluate your legal options. While it may seem counterintuitive, in some cases to both avoid eviction and leave the unit in good condition, you may offer the tenant payment in exchange for their vacating the premises as soon as possible.

If even this fails, you can start your case to evict the tenant as soon as the three-day period following the notice expires. Start your nonpayment of rent case in New York City Housing Court. Be prepared to show proof of your notice to the tenant, the tenant’s history of late payments and all steps taken prior to filing the eviction action.

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