When a tenant rents a property from a landlord, they likely anticipate having a certain degree of privacy. The rental property serves as a tenant’s home, and a Queens tenant will undoubtedly expect to be able to live in the premises without unwarranted intrusions from their landlord. There are circumstances when a landlord has the right to enter the premises, however, and it can be helpful for a tenant to be aware of when such a right may arise to hopefully prevent landlord-tenant disputes.

One of the most common reasons that a landlord will need to enter a rental property is to perform repairs or services to the property. When the repairs are routine or agreed upon, a landlord has the right to enter the property to complete these repairs, but before doing so, they must provide a tenant with reasonable prior notice of the plan to enter and must obtain the tenant’s consent. Generally, reasonable notice is approximately 24 hours in advance of entry. Furthermore, the entry must be at a reasonable time, which is often deemed to be during “normal business hours,” or Monday through Friday between the hours of 9 a.m. and 5 p.m. If a lease provides for entry by a landlord for repairs, they will, of course, have the right to enter the property, as well.

Another circumstance in which landlords have the right to enter rental properties is in the event of an emergency. Of course, both landlords and tenants will hope that such a situation never arises, but should there be a water leak or fire, a landlord not only has the right to enter the premises, but may do so without prior notice and without obtaining the consent of a tenant.

A tenant or landlord who has questions regarding permitted access to a rental property or who is facing a dispute regarding a contested entry may wish to consult with an attorney for legal advice.

Source: ag.ny.gov, “Tenants’ Rights Guide,” accessed Oct. 21, 2016

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New York City residents have the right to live in safe and habitable rental properties. There are laws and regulations that aim to protect this right, including laws that detail landlord obligations regarding safety requirements, as well as agencies such as the New York City Housing Authority that monitor safety measures.

Tragically, a maintenance worker employed by the New York City Housing Authority failed to comply with the basic duties of his job and such failure may have contributed to the death of two young children in a Bronx apartment fire. The worker falsely reported that smoke detectors were working inside an apartment building, and, subsequently, there was a fire at the building in which two young children died. The worker was at the apartment that caught fire just four hours before the fire started and reported on his work order that of the apartment’s required safety features, which included smoke detectors, all six features were “satisfactory.”

Significantly, a recent city report reveals that there may be a pattern of safety failures by the NYC Housing Authority. The NYC Department of Investigation checked 240 apartments in the city and determined that carbon-monoxide and smoke detectors were absent in 40 of the 136 apartments for which it had documentation. Documentation for an additional 104 housing units could not be located.

Alarmingly, many NYC Housing Authority maintenance workers reported that in their review of smoke detectors they do not perform a physical check of the smoke detector, but rather look to see if the detector’s light is operating.

If you believe you are living in an unsafe rental property with dangerous maintenance needs, you may wish to consult with an attorney. No New York City resident wants such a tragic event to happen again.

Source: The Wall Street Journal, “City Probe Faults New York City Housing Authority for Safety Lapses,” Zolan Kanno-Youngs, Oct. 4, 2016

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Ideally, New York City landlords and tenants will have an amicable and peaceable relationships. One party will provide safe and secure housing and the other party will pay his or her rent on time and comply with the obligations of the lease. Unfortunately, however, sometimes landlord-tenant disputes arise that compromise this sort of relationship.

Nonetheless, despite the parties’ potential disagreement, both sides must continue to comply with New York’s real property laws. In particular, landlords are prohibited from retaliating against tenants after tenants have exercised certain legal rights. Tenants have the right to become involved in a tenant’s organization, to file official complaints with relevant government authorities regarding such matters as health or safety violations or rent gouging complaints, and exercise other legal rights.

If a tenant takes one of the aforementioned legally-permitted measures, a landlord may not then substantially alter the terms of the lease, such as by either refusing to renew a lease to a tenant for at least a year or terminating the tenant’s lease. To do so is considered retaliation by a landlord if such action is taken within six months of a tenant exercising one of the aforementioned rights.

Furthermore, tenants who file bona fide complaints with a building code officer regarding the habitability of a building, such as may arise due to a violation of a safety or health law, may not have a charge or fee imposed upon them by the landlord due to such complaint. A landlord who tries to impose such a charge or fee may be responsible for paying the tenant triple the amount of the fee him or herself.

A tenant who believes a landlord has retaliated following exercise of his or her legal rights may want to consult with an attorney regarding available legal options. Taking such action may ensure fairness in future dealings and compensation for damages suffered.

Source: FindLaw, “New York Real Property Law Sec. 223-b,” accessed Oct. 7, 2016

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Tenants in Queens undoubtedly have many daily challenges. From dealing with a stressful work environment, to paying bills, to making sure they spend quality time with their families, New York City residents have a great deal on their minds. The safety and security of their homes should not have to be something about which they worry.

As this blog reported in a previous post, tenants have the right to live in safe and secure rental properties. Landlords must provide certain security features, such as peepholes and chain door guards, as well as ensure that the premises are free from other dangerous hazards. Unfortunately, however, sometimes landlords do not meet their obligations, whether in terms of maintenance matters or other required landlord obligations.

A tenant who is dealing with a landlord who is not complying with his or her obligations may need legal assistance to ensure that his or her rights are protected. Attorney Seth Rosenfeld and his legal team work tirelessly to ensure that the rights of Queens’ tenants are protected and that they can live in safe and secure premises. Whether a tenant is facing a landlord who will not make much-needed repairs, such as replacing a hot water heater or repairing security features like a chain lock, or one who refuses to tend to safety measures such as removal of dangerous black mold, Mr. Rosenfeld will act quickly in an attempt to help clients regain the sense of security they once had in their homes.

Regardless of the nature of a landlord-tenant dispute, Mr. Rosenfeld aims to resolve such disputes efficiently for the benefit of his clients. Additional information about Mr. Rosenfeld’s services is available at the following website.

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Renters in New York are often required to pay certain fees to secure housing. However, some of these fees might skirt the legality of what landlords can ask of tenants. The New York City Rent Guidelines Board (RGB) reminds renters that they have legal protections on a wide range of issues.

The RGB’s advice is to “Be Careful about the Fees You Pay.” Generally, the fees you may be asked to pay are legal, however, there are some common ways that certain individuals might attempt to take advantage of overzealous or desperate renters.

• Brokers’ fees: Often real estate brokers will charge a fee for finding you an apartment. There are no regulations surrounding the amount of the fee. However, the real estate broker cannot actually collect the fee unless he or she offers a lease on an apartment.
• Referral service fees: Much like a real estate broker, these services will work to find an apartment that meets your established parameters. Again, much like brokers, these services cannot collect the full fees unless they actually find you an apartment.
• Application fees: The property owner or managing agent can charge an application fee that is often used to cover the costs associated with reference checks and checking your credit rating. These fees, however, must bear a reasonable relationship to the cost of these activities. Being asked to pay an application fee of $1000 or more might more be considered “key money.”
• Key money: If the property owner or managing agent attempts to charge a fee over and above normal costs, this is considered key money. Demanding key money on residential property is illegal. Unfortunately, these demands are verbal and it might be challenging to get the Attorney General’s Office involved – unless you have corroborating witnesses or other evidence.

If you have a legal dispute with your landlord or you have questions regarding the legality of your landlord’s actions, it is wise to consult with a skilled attorney to have the matter resolved efficiently.

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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

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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

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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

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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

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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.

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