If you’ve had your eye on a parent or grandparent’s rent-stabilized or rent-controlled apartment as a way to finally be able to afford to live in New York, you may have heard about succession rights. Let’s take a brief look at what these are (and aren’t). 

First of all, a tenant cannot grant succession rights to someone simply via their will or other estate planning tool. There are requirements that have to be met.

Requirements for having succession rights

To succeed a tenant after they’ve died or moved, you typically must have lived with them continuously (with some exceptions) for a minimum of two years, since the tenant first moved in or since the beginning of your relationship with them. That time period is just one year if you are 62 or over or disabled. 

Succession rights are generally granted to family members only. However, “non-traditional” family members can also qualify if they can prove that they had an “emotional and financial commitment.”

Claiming your succession rights

Your first step, if you qualify for succession rights, is to notify the landlord that you qualify to succeed the tenant. If they’ve passed away, you’ll need to provide a copy of the death certificate. You will continue on the lease until it is up and then be able to sign the new lease. The rent-stabilized or rent-controlled status will continue. If your family member is simply relocating, they can notify the landlord of your succession using the proper form before they go.

It’s crucial to be upfront with the landlord about your loved one no longer being in the apartment (whether they moved or died). Never try to let the landlord believe the other person is still around.

If you have succession rights under the law, the landlord should have no legal right to evict you because the previous tenant is no longer there. If you are having difficulty with getting the succession rights to which you’re entitled, it’s wise to seek legal guidance as soon as possible.

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Disputes with a tenant are almost inevitable. You may have a misunderstanding about trivial issues like minor repairs to a full-blown fallout over things like non-payment of rent or damage to the property.

Either way, you need to find an efficient and cost-effective way of resolving such disputes. Here is what you need to do when locked in a dispute with your tenant:

Communication is key

A clear-headed conversation aimed at resolving the matter at hand can resolve most disputes. Listen to your tenant’s side of the story before making assumptions and acknowledge their concerns. 

When disputing parties can freely express themselves, they will be more likely to find a lasting solution. Dialogue is also necessary when you’re trying to arrive at an informal solution with your tenant since it is a less adversarial method of dealing with conflict.

Maintain a professional tone

Do not get personal with your tenant despite the circumstances of your dispute. It could damage relations with them when all is said and done. Instead, keep your cool, be respectful and maintain professionalism when dealing with the tenant. Avoid raising your voice or using harsh language at any point.

Keep good records

Maintain communication records, photos, repair receipts or other formal and informal agreements you may have made with your tenant regarding the misunderstanding. They might come in handy at some point.

Understand your legal options

When you have hit the wall and are not making any headway in resolving the dispute with your tenant by yourselves, it may be time to escalate the matter by going to court. You should always be prepared for such an eventuality.

Learning more about the court procedures involved and what you need to do to protect your interests will help you resolve the dispute without losing out.

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It seems as if the country’s marijuana laws are in a constant state of flux these days. However, in all five boroughs of New York City, recreational use of marijuana is legal for residents aged 21 and older. 

But the list of places where smoking cannabis is entirely banned is quite long. Basically, private dwellings are where marijuana users tend to smoke their stash without fear of arrest.

Does that mean that you must allow pot smoking in your tenants’ apartments?

It does not, although you may want to check any knee-jerk reactions to enforce total marijuana bans at your properties. Still, smoking anything, whether tobacco or marijuana, leaves distinctive odors that can infiltrate other apartments. The smoke can permeate fabrics and seep through cracks where non-users may complain about the exposure. That presents additional problems, as good landlords want to keep responsible, rent-paying tenants satisfied to avoid lease breaches and other headaches.

Heading trouble off at the pass

The best way to dodge issues related to your tenants’ use of marijuana is to clearly state your policy in the rental agreement. Total bans could introduce ADA compliance issues from medical marijuana patients, so you may want to designate smoking areas on balconies, patios or separate spaces in common areas for smokers.

You should also address vaping and edibles. These methods of ingestion typically are far less invasive or problematic to neighbors. You might want to limit your marijuana usage policies for tenants and their guests to only edibles and outdoor vaping.

Stay abreast of all changes in federal, state and local laws

With cannabis regulations at every level subject to change at any time, your best bet is to remain informed about the legalities and seek legal guidance if you face compliance challenges when implementing your policies.

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Residential leases serve as a crucial form of protection for landlords and the tenants that lease their properties. The terms outlined in a New York lease can determine when a landlord has the right to evict someone and what amenities a tenant can expect. 

However, sometimes, there can be illegal terms included in a residential lease that are not actually enforceable in civil court. Landlords may include certain terms in their leases that violate state law in the hopes of confusing their tenants about their rights or may fail to notice such clauses in their documents if they download boilerplate documents to serve as their lease forms. 

If a landlord includes a clause absolving themselves of liability for any injuries that their tenants or their visitors suffer on the premises, is such a clause enforceable? 

New York statute holds landlords responsible for negligence

State law is quite clear that no provisions in a lease absolve a landlord of the requirement to maintain safe and appropriate facilities for their tenants. If someone gets hurt due to omissions or negligence, which might include failing to maintain the property appropriately, the landlord can still face civil lawsuits and insurance claims despite including a provision intended to absolve them of such responsibility in their lease. 

Anyone who provides housing to others must meet certain standards regarding the maintenance of the property to ensure the safety of the tenants and visitors. Those hurt due to inadequate maintenance may have grounds for an insurance claim or a civil lawsuit. Learning more about New York real estate laws can help landlords and tenants alike navigate a dispute.

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As a landlord, you may be trying to decide if you should include the utilities in the monthly payment. You can either charge someone rent and then tell them they have to pay the utilities on top of that, or you can raise the amount that they have to pay each month and include those utilities.

It may seem like you would always want your tenants to be responsible for their own utility usage. But why are some landlords offering to include them?

It makes things simple

Perhaps the biggest reason that people do this is just that it makes it simple. The landlord doesn’t have to transfer the utilities to anyone else’s name. They can simply pay those monthly costs for as long as they own the building, even if they own it for decades and have dozens of different tenants.

It’s also simpler for the tenants. They know exactly how much they have to budget every month, and they know that they’re going to have everything that they need in their apartment as long as they make that one payment. In fact, some people are so interested in finding this simple sort of lifestyle that they will pay landlords even more than the combined cost of the mortgage and utilities just to keep things easy.

It’s easier for roommates

If you want the roommate relationships to stay strong in a shared space, including utilities is one way to do that. A lot of stress between roommates happens when one person has to pay the utilities and then get paid back by the others. Including the utilities in the rent payment makes it so that this doesn’t have to take place. This can lead to long-term renters and more stability for you as a landlord.

No matter how you decide to set up this contract, just make sure that you understand what legal steps to take and that you and your tenant are on the same page.

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People who rent a residential dwelling usually expect to have limitations on what they can do. Many accept that they can’t make holes in the walls or be incredibly loud. Other limits might also be present. 

One question that tenants and landlords have a lot is whether the landlord can limit the occupancy in the dwelling. New York law has a hodge-podge of laws regarding these situations, so it’s best to find out how the law applies to a specific situation. 

Occupancy type matters

Many of the laws for rentals in New York are based on a dwelling being the primary residence of the occupant. For example, it states that you can have an additional occupant in a dwelling as long as it’s your primary residence. This effectively prevents a landlord from enacting a ban on overnight guests unless the dwelling is something other than a primary residence. 

Rent and terms also matter

One limit that’s present in the Multiple Dwelling Law is that rentals less than 30 days are prohibited unless the occupant of the dwelling is present. This means that a tenant can’t rent the property as an Airbnb if they’re going out of town for a few weeks. But, they would be allowed to have a friend remain in the home while they’re gone as long as the home is their primary residence. 

Making sure that you’re in compliance with New York laws is critical when you’re a landlord. Having a tenant take legal action against you can be costly and time-consuming. Working with someone familiar with these laws can help you to avoid issues. 

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Your apartment is rent stabilized, but you just got notice that your landlord is raising your rent due to improvements that have been made to the building.

Is this legal? Quite possibly. It depends partially on the type of improvements your landlord made. Here’s what you need to know.

Different types of improvements follow different rules

There are basically two types of improvements that renters are likely to encounter in this situation: major capital improvements (MCIs) or individual apartment improvements (IAIs).

As the name suggests, IAIs are improvements to your individual unit – not the entire building. These should not be confused with ordinary repairs that the landlord is expected to make, but they might include things like all new appliances, flooring and similar upgrades.

However, IAIs can’t just be done because the landlord wants to do them. You have to give your consent for both the repairs and the increased rent in advance.

By comparison, MCIs are renovations that affect the entire building. For example, your landlord may need to replace the roof or upgrade the aging electrical system. Your landlord doesn’t need your consent for these kinds of improvements nor to raise the rent accordingly – but they do need the permission of the Division of Housing and Community Renewal (DHCR).

Tenants can still oppose MCIs — particularly if they don’t believe that the landlord provided proper notice or that the improvements don’t actually benefit everyone. If your rent was raised because of MCIs or IAIs and you don’t think the rent increase is warranted or lawful, you have a right to dispute the action. Find out more about your legal options today.

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Most lease agreements require new tenants to pay security at the beginning of the rental period.  The security deposit is meant to replace or fix any damages or losses occasioned by the tenant.

The tenant has a right to their security deposit at the end of the lease agreement. However, there are instances when the landlord might legally withhold the security deposit. Here are some of these instances.

If the tenant causes extensive damage to the property

Any occupied property goes through the normal wear and tear. And this may not be the responsibility of the tenant. However, if the tenant causes substantial damage to the unit while occupying it, they will be required to make the necessary repairs. If they do not, then the landlord may make deductions from the security deposit for such repairs.

Substantial damages that may occasion deduction from security deposit include:

• Removed carbon monoxide and smoke detectors
• Broken doors, windows and holes in the walls
• Broken appliances due to negligence

If the tenant breaks the lease

A lease contract is a binding agreement between the landlord and the tenant. Breaching this agreement comes with its share of consequences, and one of these involves withholding the security deposit. This is especially true if the lease contract included a clause to this effect.

If the tenant has rent arrears

A landlord can withhold the security deposit if the tenant vacates the rented property with rent arrears or utility bills. Basically, the tenant has a duty to pay rent as stipulated in the lease agreement. If they fail to do so, the landlord may initiate the eviction process and recover applicable arrears from the security deposit.

There are a variety of reasons why the landlord may withhold the security deposit. Find out how you can safeguard your rights and interest while handling the security deposit matter.

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As a landlord, you want to know that the people you rent your apartments to will look after them well. You want to be sure they won’t use them to conduct criminal activity such as drug dealing or prostitution.

You also want to know that a tenant will not threaten other tenants’ safety and security. 

Hence, like many landlords, you may conduct background checks on applicants. If you spot that a potential tenant has a criminal record, you might consider turning them down. You probably can, but you must be careful and consider if you need to.

What is the Fair Chance for Housing Act?

In December 2020, New York legislators voted against the proposed Fair Chance for Housing Act. It would have made it illegal for landlords to conduct criminal background checks in most cases. Despite its failure to pass, there are suggestions that the Mayor intends to pursue this agenda.

One of the reasons those in favor of banning background checks give is that it unfairly targets Black and Brown people as they make up around 80% of New Yorkers with criminal convictions. 

If you turn someone down for a criminal record that does not affect the safety of your property or other tenants, they might feel you are doing so because of their skin color. For the present, you are allowed to check for criminal records. Still, it would be wise to look at the nature of the offense and when it occurred and only consider it if relevant to their current suitability as a tenant. 

If you end up accused of housing discrimination, seek legal help to explain the full range of factors that contributed to your decision to reject someone.

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As a landlord, you may occasionally want to enter the apartments you lease out. While you might own the place, you cannot just enter when you feel like it. Tenants have the right to a certain amount of privacy. 

This can create conflicts for you, as a landlord. Understanding your rights and obligations can help.

What does New York law say?

Landlords can enter one of their properties without permission or advance warning if there is an emergency. For example, if a tenant went out and left their hair tongs switched on, a landlord would be entirely within their rights to go in when they smelt smoke coming from the apartment. Doing so might prevent a fire from spreading and endangering the property and others.

If a downstairs neighbor complained of water dripping through the ceiling, a landlord would again be within their rights to enter the problem apartment and turn off the tap.

Landlords should knock first

Knocking on the door gives any tenant inside the chance to open it and reduces the chance they feel intruded upon.

Non-emergencies need warning

Landlords need to advise tenants beforehand if they wish to enter to show someone around or make a repair. Ideally, you make the required notice period clear in the lease agreement. Tenants can, of course, admit a landlord without notice, but they are not obliged to if there is no emergency.

Landlords should protect themselves

Tenants could claim that a landlord who entered without their permission stole something, was trying to harass them or even catch them naked in the shower. Hence it is always better to enter with the tenant present and willing. If you face problems from a tenant unhappy that you entered, seek legal help to understand your next steps.

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