Your Rights as a Tenant in NYC: What You Need to Know

Introduction

Navigating the rental landscape in New York City can be complex. Understanding your rights as a tenant is crucial to ensure fair treatment and to protect yourself from potential disputes. This guide provides an overview of key tenant rights in NYC, helping you stay informed and empowered.

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1. Right to a Habitable Living Space

Landlords are legally obligated to provide tenants with safe and livable housing conditions. This includes:

• Heating and Hot Water: Landlords must provide hot water year-round and adequate heat during the heating season (October 1 to May 31). During this period, if the outdoor temperature falls below 55°F between 6 a.m. and 10 p.m., the indoor temperature must be at least 68°F. Between 10 p.m. and 6 a.m., the indoor temperature must be at least 62°F, regardless of the outdoor temperature.

• Repairs and Maintenance: Landlords must promptly address issues affecting health and safety, such as leaks, mold, and pest infestations.

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2. Right to Privacy

Tenants have the right to privacy in their homes. Landlords must provide reasonable notice, typically 24 hours, before entering your apartment for non-emergency reasons like inspections or repairs. In emergencies, such as a fire or severe water leak, landlords may enter without prior notice.

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3. Protection Against Discrimination

Under the Fair Housing Act and NYC Human Rights Law, it's illegal for landlords to discriminate against tenants based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, lawful occupation, or source of income.

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4. Right to a Roommate

If you're the sole tenant on the lease, you're entitled to have one additional occupant, along with that occupant's dependent children, reside in the apartment. You must inform your landlord of the roommate's name within 30 days of their occupancy.

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5. Security Deposit Regulations

The Housing Stability and Tenant Protection Act of 2019 stipulates that security deposits cannot exceed one month's rent. Landlords must return the deposit within 14 days after the lease ends, providing an itemized statement if any deductions are made for damages beyond normal wear and tear.

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6. Lease Renewal and Rent Increases

For rent-stabilized apartments, tenants have the right to renew their leases and are protected against exorbitant rent increases. The Rent Guidelines Board sets permissible rent increase percentages annually. Landlords must provide advance notice of any rent increase: 30 days for increases under 5%, 60 days for increases between 5% and 10%, and 90 days for increases over 10%.

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7. Protection Against Retaliation

It's unlawful for landlords to retaliate against tenants who exercise their legal rights, such as filing complaints about housing conditions or joining tenant organizations. Retaliatory actions can include unjustified eviction attempts, rent increases, or service reductions.

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8. Right to Organize

Tenants have the right to form, join, or participate in tenant organizations to collectively address housing issues. Landlords cannot interfere with these activities or penalize tenants for their involvement.

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9. Subletting and Assignment

Tenants in buildings with four or more units have the right to request permission to sublet their apartments. Landlords cannot unreasonably withhold consent. If a landlord fails to respond to a sublet request within 30 days, consent is assumed.

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10. Eviction Protections

Landlords must follow legal procedures to evict a tenant, which include:

• Notice: Providing appropriate notice depending on the reason for eviction.

• Court Proceedings: Filing a case in Housing Court and obtaining a judgment.

• Marshal's Notice: If the court rules in favor of the landlord, a city marshal must serve a notice before eviction.

Tenants have the right to contest evictions in court and may be eligible for free legal representation under NYC's Right to Counsel law.

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Conclusion

Understanding your rights as a tenant in NYC empowers you to advocate for fair treatment and to address issues proactively. If you believe your rights have been violated, consider reaching out to organizations like Legal Services NYC or the NYC Tenant Helpline for assistance.

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