When you receive an eviction notice, your landlord accuses you of one of two things. The landlord is either claiming you did not pay the rent, or they’re claiming you violated the lease.  In New York, it is possible to challenge an eviction on many grounds, but you’ll have to move fast. You’ll need help from a New York real estate lawyer.  Here are the most common defenses. Lack of Notice Landlords aren’t allowed to just send an eviction notice out of the blue. If you’ve violated the lease, they must provide an individual with a 10-day notice offering them the chance to fix the viola ..read more

Unless you live in public housing or receive Section 8, it’s generally permissible to sublet your apartment in New York City. However, subletting is governed by several laws you should be aware of.  You Must Request Permission Most leases will not allow you to sublet an apartment without written permission. The law will not allow an unreasonable refusal. Reasonable refusals could include problems with the potential tenant’s credit or employment history.  To request permission, you must send a certified letter, return receipt requested, no less than 30 days before the proposed sublett ..read more

If you are a senior citizen or have a disability, you may qualify for the NYC rent freeze program. Your apartment must be rent-controlled, rent-stabilized, hotel-stabilized, or Mitchell-Lama rent-regulated. You do not need your landlord’s permission to apply for the program, and your landlord may not prevent you from participating.  Public housing units are not qualified for this program, nor are Section 8 or Section 202 apartments. The apartment cannot be a sublet, even if it is rent-regulated: your name must be on the lease.  This program allows a property tax credit to cover the d ..read more

Your landlord’s obligations are covered by New York’s heat laws and by the Truth in Heating Act.  Here’s what you need to know. The Truth in Heating Law New York’s Truth in Heating law has been in effect since January 1, 1981.  If you are a tenant in any New York City apartment where you’ll be expected to pay directly for heating and cooling expenses, landlords must provide you with a complete set of heating and cooling bills or a summary of the bills.  The Truth in Heating Act also covers building sales.  This set of bills must either cover the previous two years or the li ..read more

Landlords in New York City cannot prevent their tenants from having guests. New York’s Real Property Law protects your right to have guests spend the night for up to 30 days. Having guests is generally considered to be an ordinary use of the premises.  You don’t have to inform your landlord of what guests will be staying in your apartment, or who they are. Some landlords like to suggest that they can do this, but this is unenforceable.  If the guest stays more than 30 days, they become a tenant by law. This is something you should be aware of when you invite guests over. You should a ..read more

During an eviction it may seem like the landlord has all the power, but the truth is tenants have rights even now. Those rights begin as soon as you have lived in the same place for 30 days or more, even if you did not sign a lease or are not a named party on the lease. If you sign a lease, you have immediate protections.  An eviction starts with a Notice of Petition which offers the time, date, and place that a court hearing has been scheduled and the reasons why the landlord wants to evict the tenant. This could be for nonpayment of rent, or for violation of some lease term.  All p ..read more

A new landlord doesn’t have to mean trouble. In many cases, the sale of an apartment building is pretty routine. Most people who buy apartment buildings want tenants, and see your presence as an asset. Nevertheless, there are some legal issues you should be aware of. Here’s what you need to know.  Notification The Landlord must notify the tenants of the sale via registered or certified mail. The letter must include the name and address of the new owner.  Leases Your existing lease transfers to the new owner. This protects you—the landlord can’t just make you move out immediately. The ..read more

Any tenant has the right to negotiate a rent decrease, especially if you look at advertised rental rates for units like yours and see that they’re significantly lower than what you are paying. If you’re a model tenant who pays your rent in time, it may be worth it to your property manager to keep you. Of course, it’s rare for landlords to grant such a decrease, but there’s nothing that stops you from doing it, usually when you’re thinking about renewing the lease. If you live in a rent-controlled apartment, though, you have even more rights in regard to rent reduction in New York City. &n ..read more

If you are a victim of domestic violence, you probably have a need to move to a new location relatively quickly, regardless of your lease status. Fortunately, New York law recognizes that fact.  Leaving Your Apartment According to New York’s Real Property Law, Article 7, you may break your lease if you are the beneficiary of an order of protection. If you can show your protection order, your landlord should release you from any liability to pay the remainder of the lease.  If your landlord refuses to let you break the lease, you can seek a court order to force your landlord to let yo ..read more

Recently The New York Times reported that rents will rise for at least 3.25% for 2 million New Yorkers. While NYC has some laws that help protect New Yorkers against some rent increases, by and large landlords still have a lot of latitude to make changes.  When it’s legal to raise rents, and by how much, does depend on what type of apartment you have and the status of your lease.  Rent Stabilized Apartments If you live in a rent stabilized apartment, the highest amount a landlord can increase your rent is the average of the 5 most recent Rent Guidelines Board annual rent increases, o ..read more