Finding housing in New York can be a challenge. For those who are undocumented and for minorities, the challenge can be even greater. New York law has specific laws that explicitly forbid discrimination on things like race, nationality, immigration status and similar points. 

The Fair Housing Act and New York State Human Rights Law are the specific laws that govern landlord discrimination. The protections offered start during the application process for a rental unit and continue throughout a tenancy, including the eviction process. 

What are some of the things New York law forbids?

New York laws set the standard of treating everyone equally for rental units. This means that landlords can’t refuse to rent to someone based specifically on their national origin. They also can’t add steps to the application or approval process for only people who are from certain areas or have specific characteristics. 

For example, they can’t require a background check on Mexican individuals if they won’t also require it from a Caucasian individual. They also can’t require larger security deposits or rental payments just because of someone’s national origin or immigration status.

Immigration status actually plays very little part in the rental and eviction process. Immigrants, regardless of their documentation status, are protected by the law in this state so they have the same rights as citizens. 

Tenants and landlords should remember that New York has very specific laws for housing units. Ensuring these laws are complied with is crucial in avoiding legal issues. Working with someone familiar with these matters is beneficial since you can find out what options you have if there are situations involving any form of discrimination occurring.

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You’ve been in the real estate business for some time now and you rent out properties. For the most part, this has gone smoothly and you receive a profit while the tenant has somewhere nice to live for a reasonable price. 

Unfortunately, upon a recent inspection, one of your tenants has damaged your property. What are some of the more common types of tenant property damage and what are your legal options as a landlord? 

Misuse of the property 

The lease agreement between you and your tenant should specify behaviors that are not acceptable in the property. 

For instance, if there is no smoking permitted in the building. You can also state that there is zero tolerance toward anti-social behavior such as wild parties. If your property has subsequently been damaged due to prohibited behaviors then it has been misused. This is something that you could hold the tenant accountable for. 

Unreported issues 

Property damage such as a leaky pipe may not be anyone’s fault, but these things typically need to be repaired quickly. Failure to do so will result in the leak only getting worse as well as more extensive damage to the property. 

A tenant should inform you of issues such as this so that you can carry out repairs. They also need to allow you to access the property for these purposes. These are things that can be included in your tenancy agreement. A failure to report an issue or to let you in could result in unnecessary damage and you might be able to hold the tenant to account for this. 

If your tenant has damaged your property then you may want to know how you can lawfully evict them. Compensation may also be an option. By seeking some legal guidance, you’ll be better placed to take appropriate action. 

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Some landlords believe that they can enter a property at any time because they are technically the owner of that real estate. On the other hand, some tenants believe that they always have a right to privacy and that a landlord can never come into the home or apartment without permission, on the grounds that the tenant has signed a lease to use that space as their own.

Neither of these positions would be technically correct. It is true that New York law prohibits landlords from entering at any time they want or for any reason, so tenants do have privacy protections. However, there are also some reasons why landlords can come in and steps they need to follow to do so.

Providing advance notice

Generally speaking, your landlord has to pick a reasonable time to enter your apartment and give you notice in advance that they are going to do so. They may do this to make updates or repairs, to show the apartment to someone else and for many other reasons. This doesn’t mean they can just barge into the apartment and begin making repairs at any hour or for any reason, but they can work with the tenant to find an appropriate time.

Entering in an emergency

There are cases where landlords can enter a property without notice and without permission, such as if there is an emergency. For example, perhaps a landlord owns a duplex and lives in one half while renting out the other half. If there’s a house fire, the landlord may be able to go into the other side of the duplex because there’s simply no time to get the necessary permission.

But emergency situations are rare, and landlords typically cannot enter without notice or permission. It is very important for both sides to understand all of their legal options if they find themselves in a dispute.

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Maybe you recently purchased a property and intend to rent it out to others, and you want to make sure that your lease adequately protects your interests. Perhaps you are a tenant who just started a romantic relationship and suddenly started getting fee invoices from your landlord.

There are many reasons why you may want to clarify whether it is legal for a landlord to restrict how someone uses their property and what guests they have visit. Can New York landlords prevent tenants from having overnight or long-term stay guests?

Leases can include numerous restrictions

It is actually common practice in New York and many other large cities for landlords to specifically include clauses in their leases that prevent their tenants from taking on a roommate or allowing guests without first notifying the landlord. After all, every person who stays in the building will likely increase the landlord’s costs, either through utility use or wear and tear on the facilities.

Some landlords will allow for occasional overnight stays provided a guest doesn’t stay too many consecutive nights. Others place a limit on how many overnight stays are permissible in a single month. However, some landlords completely prohibit overnight guests without prior written permission and may even impose specific financial penalties if they discover unauthorized guests staying at their property.

What happens in a conflict about guests not on the lease?

Typically, the terms of the lease will be what dictates the outcome in a conflict between a tenant and a landlord about overnight guests or someone staying with the tenant. Landlords typically cannot change the terms of the lease in the middle of someone’s tenancy, but tenants will need to abide by the existing restrictions in their lease or run the risk of incurring costs.

Landlords can potentially take different steps against a tenant to enforce a rule against overnight visitors. In some cases, they may send an invoice and charge the tenants for the people staying at the property. Other times, they may document the infraction and then deduct those fees from someone’s security deposit. Finally, landlords may also make the decision to evict a tenant when they have egregiously violated the terms of a lease.

Tenants may be in a position to negotiate more favorable terms when they first take on a lease or to discuss their needs with a landlord to avoid fees and other issues. However, if the parties cannot reach an amicable agreement, they will both typically need to abide by the rules outlined in the lease documents. Understanding your rights when dealing with a landlord-tenant dispute will make it easier for you to protect your interests as a property owner or a tenant.

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As a landlord, the term disabled tenant may automatically cause you to worry about the safety of tenants with disabilities. What if they fall while residing on your property? What if they try to sue you for the accident?

Disabled individuals have the right to fair housing and non-discrimination—a principle you likely support. A little information about New York housing laws and the rights of disabled tenants (and applicants) can help you feel more at ease about renting to these unique individuals:

You cannot refuse housing

So long as the disabled tenant can meet the terms of your rental agreement, you may not refuse them housing or kick them out of the home. Doing so would be in violation of federal and New York fair housing laws.

You may need to allow accommodations

Some of those experiencing a disability need special accommodations in their rental homes. Examples include:

• Allowing a service animal, even with a no-pet policy
• Installing or allowing the installation of grab bars
• Moving the disabled tenant to a ground-floor unit
• Providing a wheelchair-accessible parking space

You may not refuse to allow reasonable accommodations unless it would cause significant financial hardships or harm the rights of other tenants.

Who pays for reasonable accommodations?

It depends on the circumstances. Often, the tenant can and will pay for reasonable accommodations. Other times, you may need to foot the bill for physical accommodations like grab bar installation.

If you’re worried about injury liability when renting to a disabled tenant, it may be worth your while to understand your legal options. They can ease your mind about liability concerns and guide you in abiding by New York housing laws.

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Landlords have several legitimate reasons why they include pet policies on their rental contracts. A good pet policy protects the rental property, complies with insurance regulations and ensures that everyone is safe. Some landlords opt to include a “no pet” clause in their lease contracts altogether. 

But, what if a tenant acquires a pet midway through the tenancy contract? Can you evict them? Is this true even if the tenant claims that the pet is a service animal or therapy animal for some condition they have?

An unauthorized pet can be a serious cause of a landlord-tenant dispute. However, before making the decision to evict the tenant, it helps to understand the circumstances that prompted them to acquire the pet and what the law says. 

Some animals are more than just pets

The 1968 Fair Housing Act prohibits landlords from discriminating against tenants on the basis of their race, religion or other protected characteristics. The same law protects tenants from discrimination based on their physical features or special needs. 

According to the FHA, emotional support animals, companion animals and therapy animals are terms used to refer to animals that provide comfort to people by virtue of being with them. 

Therefore, if your tenant has a valid doctor or therapist’s approval to own a companion animal, then you may not evict them from the rental property. Rather, the FHA requires that you provide reasonable accommodation for the tenant in question. 

Landlord-tenant disputes are triggered by a number of factors. Find out how you can navigate the subject of pet ownership on your rental property. 

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The “Fair Chance for Housing Act” is slowly moving forward through the New York City Council’s review, despite fierce opposition from landlords – and maybe some tenants.

The proposed law had a lot of support from council members and the city’s mayor, but not everybody is a fan. If it passes, it would prohibit landlords from running criminal background checks on any prospective tenant.

What are the pros and cons of this bill?

Those who support the bill say that it’s a necessary move to eliminate problems that put black and brown people at a disadvantage. They have a disproportionate number of criminal violations, which many advocates contend is a factor of systemic racism.

In essence, people of color are treated more harshly by the criminal justice system than white people – and a minor conviction from a decade ago could be used as a pretext to deny someone a rental. One supporter noted that 11% of the population of New York has a criminal conviction on their record, saying, “There is no evidence that shows a criminal conviction determines whether someone will pay their rent, someone will be a good neighbor, and whether a community will be safe.”

Opponents, however, say that landlords and other tenants could suffer if the Act does pass. As one council member (who does not support the bill’s passage) said, “We can actually have a murderer and someone in current criminal proceedings moving in next door and nobody will know about it.”

Unfortunately, there are no easy answers – but the bill looks like it is likely to pass, and landlords need to brace for the changes. Landlords and tenants can have a complicated relationship – but it’s often easier to navigate complex situations when you have experienced legal guidance on your side.

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Landlords often take security deposits when someone signs a new lease. You’ve probably heard people complain that landlords will try to keep these for reasons that are not valid. And, while that certainly does happen in some situations, it’s also important to note that there are definitely some very valid reasons why a landlord will keep a security deposit. It was put in place for a reason, after all, and it helps to protect the landlord’s investment in that property.

So what are some reasons that a landlord can keep a security deposit? Let’s look at a few examples below.

The tenant breaks the lease

In some cases, a tenant will break the lease by leaving before it’s up, and they will not pay the remaining months. In a case like this, the security deposit helps to cover some of the cost for the landlord while they look for a new tenant to be in the space. The security deposit can also be kept in many other situations where a tenant refuses to pay rent that is due.

There is significant damage to the space

Most of the time, the reasons that landlords will cite for keeping a security deposit revolve around damage to the building. When this damage is worse than the normal wear and tear that you would expect, it can be expensive to fix, and the security deposit helps to pay for that. For example, scuffs on the baseboards or scratches in the floor from moving furniture around are just normal wear and tear. But a banister on the stairway that has been completely removed or floorboards or tiles that have broken go beyond the damage that a reasonable landlord would expect.

In some cases, landlords and tenants will disagree about whether or not the security deposit can be kept. This is when it’s important for both sides to understand their legal options.

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Rent stabilization laws can sometimes create a lot of confusion for both landlords and tenants alike – because even a rent-controlled apartment can have the rent raised when the landlord needs to make some improvements.

Landlords (and tenants) should understand the difference between individual apartment improvements (IAIs) and major capital improvements (MCIs) so that they know what’s legal – and what’s not. After all, a wrong move could open you up to a lawsuit, fines and damage to your overall reputation. Here’s what you should know:

What are IAIs and when can you use them?

As their name implies, individual apartment improvements affect specific rental units, not an entire building. They’re often used to do things like upgrade individual appliances, add skylights, renovate the kitchen or bathrooms and make similar changes that, ultimately, benefit the tenant as much as you.

However, IAIs cannot be completed without the tenant’s voluntary (and written) consent. In addition, you still cannot increase the tenant’s rent unless they also agree to that in writing, and you also provide notice to the Division of Housing and Community Renewal (DHCR). Once you’ve filed the correct forms (including the Tenant’s Informed Consent for the IAIs and increase), you need not wait to collect the increased rent.

What are MCIs and when can you use them?

When you need to make improvements to the entire building, that’s called a major capital improvement. For example, an MCI might include an overhaul of the building’s electrical system to make it more electronic-friendly, replacing the entire roof or upgrading an antiquated plumbing system.

In these situations, you need to file an Owner’s Application for Rent Increase Based on MCIs with the DHCR and get their consent before you act. Generally speaking, you want your application to clearly show that the renovations are designed for the benefit of all your tenants and are necessary expenses that justify the rent increase you’re asking to receive.

Don’t let frustrations with the rental system in New York cause you to act rashly. Find out more about how experienced legal guidance can help you manage your rental units with ease.

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It’s fairly common for a landlord to charge an extra fee if someone has a pet. They understand that the pet may cause extra damage to the apartment, and they may have to have it repaired or cleaned when the tenant moves out. The landlord may not deny the pet entirely – some will have no-pet policies in place – but may simply want extra rent or a fee upfront.

This sometimes sparks potential renters to say that they don’t understand why there would be a fee for pets if there’s not a fee for people who have children. The rationale is that they believe that the children are more disruptive in the apartment complex, and they’re more likely to cause damage. Could a landlord use a clause to charge someone more for their children?

This could be a form of discrimination

Landlords need to be very careful with things like this because it is illegal to charge someone more money on their rent just because of the birth of a child. This could lead to discrimination against families or single parents, for example. Everyone deserves to be able to find an affordable place to live and someone should not find that impossible simply because they have kids.

Naturally, if someone simply needs to rent a larger space because of their family, it’s going to cost more. But this is just because of the size of the space. The rent that someone is paying cannot be increased because they have children and they can’t be charged additional fees.

When landlords and tenants end up in a dispute, both sides need to understand their legal options. 

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