McAdams Law | New York Landlord/Tenant Law Blog
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I am Jeffrey Chisholm McAdams, founder of McAdams Law in New York City. I began practicing law in 1988 and have focused a large part of my legal career on protecting renters' rights. During nearly 30 years of practice, I have come to understand something very important: When people rent an apartment, they aren't just paying money to live in square footage — they are making a home for..
McAdams Law | New York Landlord/Tenant Law Blog
1M ago
The rental market is tough everywhere, but it doesn’t get tougher than New York City. If you’re going to make it as a renter here, you’ve got to adopt some smart legal habits to protect yourself.
Here are five habits that real estate lawyers like me recommend to New York tenants.
#1) Reading the Lease
You must read your lease. First, you need to make sure there are no illegal or unenforceable clauses in there.
Second, you need to know what kinds of activities could get you slapped with a lease violation, a fine, or an eviction notice. This allows you to avoid those activities and e ..read more
McAdams Law | New York Landlord/Tenant Law Blog
2M ago
Security deposits are an endless source of frustration for New York tenants. It can be difficult to get them back even if you move out of a squeaky clean, undamaged apartment.
In addition, security deposits can serve as a barrier to moving into a new place.
Here’s what you need to know about New York security deposit law.
Security Deposit Amounts
Rent-stabilized units may only require a security deposit equal to one month’s rent.
Non-stabilized units have no specific maximum amount.
Landlords of buildings with six or more apartments must put all security deposits into a New York ba ..read more
McAdams Law | New York Landlord/Tenant Law Blog
3M ago
There are few things more disgusting or distressing than a bedbug infestation. That’s why New York specifically has laws to protect tenant’s rights to a bedbug-free environment.
Here’s what you need to know.
Your Rights If Your Unit Has Bedbugs
If you have bedbugs, your landlord has 30 days to correct this problem. It’s considered a Class B violation, and they must both get rid of the infestation and keep your unit (and other affected units) from getting infected again.
It’s even possible to file a bedbug complaint online.
First, of course, you should contact your landlord. Ask them to s ..read more
McAdams Law | New York Landlord/Tenant Law Blog
4M ago
Landlords have a responsibility to provide safe, well-maintained homes. While the city does not enforce minor repairs, it does require landlords to adhere to housing codes. These codes are enforced by the Department of Housing Preservation and Development Violation (HPD).
If they do not, they may be issued one of three types of violations.
A Class A violation is a non-hazardous violation, such as a missing peephole, a failure to place a street number on the front of the dwelling, or placing an improper seat on a toilet. When a property owner receives a Notice of Violation (NOV), they mus ..read more
McAdams Law | New York Landlord/Tenant Law Blog
7M ago
You spend the night with your significant other. Your landlord tells you they will evict you for having sex before marriage unless you agree to stop seeing your significant other on their property. Can they do it?
Or you are a member of the LGBTQ+ community, and your landlord catches wind of your orientation. Can they drive you out of your apartment because they believe being queer is a sin?
Not in the state of New York, they can’t.
In New York, there are two reasons why a landlord may evict a tenant.
The tenant has not paid rent.
You violated your lease.
Chances are there is nothing i ..read more
McAdams Law | New York Landlord/Tenant Law Blog
8M ago
Your landlord has certain obligations to make sure your apartment is livable.
Those obligations include providing hot water year-round and heating during “heat season.” Heat season runs from October 1st to May 31st each year. We’re still a few months out…but knowing your rights is important before heat season begins.
For one thing, landlords in New York City frequently violate these laws. In 2019, the Department of Housing Preservation and Development received over 3,000 heat-related complaints. Many other heat-related problems go unreported every year.
How much heat is required?
Hot wat ..read more
McAdams Law | New York Landlord/Tenant Law Blog
9M ago
Recently, residents of a building in the Bronx went on a rent strike. Their landlord refused to fix rodent and cockroach infestations, peeling paint, leaking pipes, broken cabinets, refrigerators, outlets, and stoves.
They also filed a lawsuit to get the landlord to address the issues.
There are even worse stories out there. Some tenants in New York City are forced to go without a stove, cooking gas, or heat. Some struggle with mold or other health hazards.
The statistics on repairs in New York City are grim. 24% of New York buildings have rodent infestations. One in six apartments have leaks ..read more
McAdams Law | New York Landlord/Tenant Law Blog
10M ago
In recent news, New York City tenants marched by the thousands to protest rental conditions in the city, bearing signs like “Cap the Rent” and “The Rent is Too Damn High.”
Collective action is powerful, but marching isn’t your only option. You could also form a tenant organization to champion your interests.
In New York, tenants can form a tenant organization to protect their interests. A tenants’ organization is any organization of two or more people who band together to protect their interests.
A tenant organization is much like a labor union, except it’s made up of tenants, not ..read more
McAdams Law | New York Landlord/Tenant Law Blog
11M ago
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
McAdams Law | New York Landlord/Tenant Law Blog
1y ago
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