The required notice period must pass before the rent increase or non-renewal of tenancy takes effect. If the landlord fails to give proper notice, tenancy continues under the existing lease or rental agreement. If the tenant has occupied the unit for more than two years or has a lease term of at least two years, the landlord must give at least ninety days' notice.If the tenant has occupied the unit for more than one year but less than two years, or has a lease term of at least one year but less than two years, the landlord must give at least sixty days' notice.
If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord must give at least thirty days’ notice.If the landlord wants to raise rent by 5% or more, or not renew the lease, they must let the tenant know in advance: If rent is paid by check, the tenant is entitled to a receipt if they ask for it. If rent is paid in any other manner than in person, the landlord must give the requested written receipt of payment within 15 days. If rent is paid in person by cash or money order, the tenant is entitled to an immediate rent receipt. Tenants can ask for a receipt for their rent payment. Law enforcement officials can charge landlords with a crime who try to remove tenants without first going to court.įor more detailed information about illegal evictions, see Illegal Evictions. An effort to use these and other tactics to unlawfully remove a tenant is now a Class A Misdemeanor, a crime. Examples of these measures include removing doors, changing locks and removing furniture. Under the old law, extreme and illegal measures to remove people from the property carried civil penalties but did not successfully discourage these behaviors. During OccupancyĪdditional protections under the new law protect tenants during occupancy. It can then be used by the tenant as evidence in an action in Small Claims Court against their landlord for the return of their security deposit.įor more information about apartment inspections, and for a checklist of items to check during the inspection, see Security Deposits. This document is signed by both the tenant and the property owner. They are entitled to a signed written agreement detailing the conditions of the property and specifically noting any existing defects or damages. They now have the opportunity to document the condition of the apartment before move-in.
Tenants are now entitled to inspect their apartment after signing the lease. Tenants can still be denied housing based on bad credit. Please note that an eviction judgment can affect a credit report. The use of such information is prohibited. In addition, court records relating to an eviction from a foreclosed property must be sealed and remain confidential. Landlords must give another reason for denying an application. This practice is now forbidden and carries penalties up to $1,000 - enforced only by the NYS Attorney General. Court records and eviction databases could be used to “black list” tenants regardless of whether the eviction action had a legitimate basis. In the past, landlords could deny an applicant based on their involvement in an eviction action. Landlords cannot charge more than one months’ rent for a deposit, which includes “last months’ rent.” The tenant-provided report must be no more than 30 days old. Landlords must accept a tenant-provided background or credit check. Tenants can get a copy of the reports in exchange for the fee. For some, these costs prevent them from finding an affordable place to live.Īpplication fees are now prohibited and the cost of credit or background checks has been capped at $20. Before move-inįor many renters, upfront costs as a condition of move-in are an enormous financial burden. This blog post explains key aspects of the new law for Upstate NY renters. The bill also includes major changes to eviction court proceedings designed to preserve tenancies with more balanced rights between landlords and tenants. Renter protections before and after move-in have been strengthened. The changes took effect over a period of several months throughout the summer and fall of 2019. It was passed to address some long-standing issues facing tenants. The bill is called the Housing Stability and Tenant Protection act of 2019. On June 14th, 2019, the Governor of NY signed into law a bill that provides new tenant protections. (To view this article in Spanish, visit here.)
Para ver este artículo en español por favor visite aquí.
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