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Pets
Fees
Housing Court
Other
Pets
Fees
Housing
Court
Other
My
friend suffers from clinical depression and has a dog for therapeutic reasons
- is his pet protected?
According
to the US Department of Housing & Urban Development (HUD) guidelines, the
Fair Housing Act protects your friend if s/he has a mental disability that
substantially limits one or more major life activities. The landlord may
not refuse to:
- let a disabled
tenant make reasonable modifications to the dwelling or common use areas,
at his/her expense, if necessary for the disabled tenant to use the housing;
- make reasonable
accommodations in rules, policies, practices or services if necessary for
the disabled tenant to use the housing.
For
example, a building with a "no pets" policy must allow a visually impaired
tenant to keep a guide dog. The Fair Housing Act covers most housing. In
some circumstances, the Act exempts owner-occupied buildings with no more
than four units, single-family housing sold or rented without the use of
a broker, and housing operated by organizations and private clubs that limit
occupancy to members. If you want more information or wish to make out a
complaint, visit the HUD
website.
Title
II of the Americans with Disabilities Act (ADA) will not be helpful to your
friend unless s/he lives in an apartment receiving federal or state funding.
The ADA prohibits discrimination against persons with disabilities in all
services, programs, and activities made available by State and local governments.
If your friend lives in government-funded housing or you want more information
about ADA and housing discrimination, contact HUD at (212) 264-8000.
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The
new owner says I can't keep my dog - what are the rules?
The
New York State Attorney General's Office produces a pamphlet called "Tenant's
Rights Guide." The following is taken from this guide and it speaks directly
to your situation:
"Tenants may
keep pets in their apartments if their lease permits pets or is silent
on the subject. Landlords may be able to evict tenants who violate a lease
provision prohibiting pets. In multiple dwellings in New York City, a "no
pet" lease clause is deemed waived where a tenant "openly and notoriously" kept
a pet for at least three months and the owner of the building or his agent
had knowledge of this fact. However, this protection does not apply where
the animal causes damage, is a nuisance or substantially interferes with
other tenants. (NYC Admin. Code §§27-2009.1) Tenants who are
blind or deaf are permitted to have guide dogs regardless of a no-pet clause
in their lease. (Civil Rights Law §§47)"
We
have placed a copy of the "Tenant's Rights Guide" on our web site here.
We suggest you obtain a copy of the "Residential Landlord/Tenant Guide" and/or
a copy of the NYC Admin. Code §§27-2009.1 from the Attorney General's
Office (212-416-8000) and show your landlord the sections pertaining to pets.
This may convince him to let you keep your dog. Anything you send to your
landlord should be sent in accordance with the notice provisions of your
lease (usually by certified mail).
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Is
the "fee" I paid to someone representing the owner to rent my apartment
legal?
If
the fee was not paid to a legitimate real estate broker to find you an apartment,
but instead was paid to someone in a "rental office," this is probably "key
money" and therefore illegal. If you have a stabilized apartment, you can
file complaints with the NY State Division of Housing and Community Renewal,
the state agency which administers the rent laws (718-739-6400). More information
on real estate brokers is available in this Tenant's
Rights Guide.
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I
was asked for "key money" to rent an apartment - how can I fight the request
but still get the unit?
This
is a difficult question. You may want to go forward with the "arrangement" and
then file an overcharge complaint - seeking treble damages for an unlawful
overcharge. You can file complaints with the NY State Division of Housing
and Community Renewal, the state agency which administers the rent laws (718-739-6400).
Or
you may want to to show the person demanding the money a copy of section
180.56 of the Penal Law which pertains to rent gouging:
A person is
guilty of rent gouging in the second degree when, in connection with the
leasing, rental or use of real property, he solicits, accepts or agrees
to accept from a person some consideration of value, of two hundred fifty
dollars or more, in addition to lawful rental and other lawful charges,
upon an agreement or understanding that the furnishing of such consideration
will increase the possibility that any person may obtain or renew the lease,
rental or use of such property, or that a failure to furnish it will decrease
the possibility that any person may obtain or renew the same. Rent gouging
in the second degree is a class A misdemeanor and could result in a prison
sentence of up to one year.
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My
landlord has served eviction papers. How long will it take to get evicted,
and should I show up in Housing Court?
If
you do not appear in court, it is possible that the judge may simply order
your eviction and issue a warrant of eviction, in which case you would have
to be out in as little as six days. We cannot say for certain how long it
would take to evict you because each case is different. In some cases, the
violation complained of may be "cured" to end the threat of eviction. In
other situations, the tenant may have valid procedural or substantive defenses
to eviction. Sometimes, even when judgment is issued against the tenant,
if hardship is shown, an eviction may be "stayed" for up to six months by
the judge.
You
are strongly advised to consult an attorney to assess your individual situation.
If you cannot afford an attorney and do not qualify for Legal Aid or Legal
Services, please take a look at these publications on housing court here and here.
These guides may help you understand what is your best course of action in
your case. Information and assistance may also available from the NYC
Dept of Homeless Services. In addition, you may want to call one of the
New York City Tenant organizations such as Tenants and Neighbors (212) 608-4320
or Met Council (212) 979-6238 for advice or free legal help.
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Can
a small landlord represent himself in Housing Court?
The
answer is yes, but it is risky. Landlord/tenant laws in New York are among
the most complex in the nation. We highly recommend that you contact the
Rent Stabilization Association (212) 214-9200 or the Small Property Owners
of New York (212) 410-4600 for advice on how to proceed. While you may have
grounds to evict a tenant, you may be unaware of the various notice and service
requirements which are needed to secure an eviction. Often owners who proceed
without a lawyer find themselves hiring a lawyer after a few failed attempts.
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How
do I obtain a lawyer?
Please
see our resources page on finding legal services here.
For
further information, visit the two Tenant's Guides to Housing Court here and here.
For advice without obtaining a lawyer, you may try calling Tenants and Neighbors
at (212) 608-4320 or Met Council at (212) 979-6238
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Do
I have to pay for the fire gate in my new apartment?
There
are two issues here: First, is the fire escape gate legal? In order to be
a legal gate, it should have a handle on the inside of your apartment allowing
you to easily open it in the event of a fire. It should not have a key lock
- only a latch lock. Unlawful gates are an extreme hazard. If you have to
go looking for a key in a smoke filled room at 3:00AM you may not make it.
If it is not an approved fire gate, you or the landlord should remove it.
On
the other hand, a lawful gate may enhance security. If removal of the gate
creates a clear danger to your security (for example, if other tenants have
had break-ins from the fire escape), removal of the gate may expose the landlord
to negligence claims and violate your warranty of habitability.
While
there is generally no obligation in the law that a landlord install a fire
gate, you are entitled to be reasonably secure from crime. Moreover, if the
gate was in place when you signed your lease, it is part of the apartment
you rented. If the landlord now attempts to make you pay for it, this would
probably constitute an unlawful overcharge.
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Where
can I find demographic data on NYC tenants?
We
have an extensive number of tables from the 2002, 1999, 1996 and 1993 Housing
and Vacancy Surveys (HVS) on our web site available here.
Beginning
in 1962, in order to fulfill its responsibilities under various rent control
and rent stabilization laws, New York City has regularly retained the U.S.
Census Bureau to conduct a comprehensive triennial survey of the New York
City housing market. The resulting "Housing and Vacancy Survey" (HVS) is
an invaluable source of information about the state of the City's housing
stock, residential population, and other housing-related issues and trends.
Additional findings from the HVS may be available directly from the Census
Bureau's website here.
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Can
you tell me about Article 78 proceedings?
Article
78 is under Civil Practice Law and Rules, Sections 7801-7806 entitled "Proceedings
Against a Body or Officer." An Article 78 proceeding involves a legal challenge
before the New York State Supreme Court designed to review the final decision
of an administrative agency.
The
following is an example of the implementation of Article 78: A tenant files
an overcharge complaint with the DHCR. The DHCR finds for the tenant and
the landlord is ordered to pay damages. The landlord then files a Petition
for Administrative Review (PAR) with the DHCR and the original overcharge
decision is overruled by the DHCR Commissioner. At this point the tenant
can use Article 78 to challenge the reversal of the overcharge decision.
Parties involved in disputes before the DHCR will receive notice of their
right to file an Article 78 proceeding following a final decision by the
agency. Such challenges must occur within a short time frame provided by
the law - in the case of challenges to DHCR decisions, litigants have only
60 days to file. For more information, contact DHCR at (718) 739-6400.
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How
can I download and read Rent Guidelines Board reports?
The
Board's research reports, including older archived reports, are available
for downloading at no charge in the research
section of our website. In order to read a downloaded version of a Rent
Guidelines Board report, you need to have the Adobe Acrobat Reader. This
is a free application that can be downloaded here.
Once you have downloaded our reports and the Acrobat Reader onto your computer,
you should be able to read our reports.
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Are
there guidelines for parking spaces in stabilized buildings?
The
fee for parking in a rent stabilized lot owned by the same owner as the building
may be a separate charge unless it was always included as part of the rent
(since May of 1968). According to the NY State Division of Housing and Community
Renewal (DHCR), the state agency which administers the rent laws, parking
spaces do not have to be registered with them.
If
there is a separate charge for parking, and no common ownership (of the building
and the parking area) exists or existed since 1968, and the service was provided
by a private contractor pursuant to an agreement with the owner, or is not
provided primarily for use by the tenants in the building, then a separate
and unregulated charge may be imposed. Otherwise, the cost of parking may
not be increased at a rate other than the guidelines rate in effect for the
lease being renewed.
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How
can I find out if the building where I live is a legal structure for residential
use and whether it is rent stabilized?
To
determine if your building is classified as a residential building, contact
the City's Citizen Service Center by dialing 311 and ask for information
regarding Certificate of Occupancy, or visit the Department of Buildings
at 60 Hudson Street, 5th Floor. If your building does not have a Certificate
of Occupancy, it is not a legal residence.
If
the building is residential but not stabilized, there are no limits on the
amount of rent that can be charged. Call the NY State Division of Housing
and Community Renewal (DHCR), the state agency which administers the rent
laws, at 718-739-6400, to determine if your apartment is stabilized.
If
the certificate of occupancy does not permit residential use, the owner may
not be able to sue you for rent although the owner may seek to remove you
from the space. For more information on tenant rights, visit the "Tenant's
Rights Guide" on our web site here. In
addition, you may want to call one of the New York City Tenant organizations
such as Tenants and Neighbors (212) 608-4320 or Met Council (212) 979-6238
for advice.
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What
is the Apartment Sharing Law mentioned in my lease?
The
apartment sharing law is a provision of the Real Property Law (RPL). The
RPL is the basic, substantive statute governing landlord-tenant relations
in New York City. The apartment sharing provision (Real Property Law §§235-f)
generally covers rights (and limits) to additional occupants in rental households.
It is also known as the Roommate Law.
Here
is a summary of the provision: Landlords may limit the total number of people
living in an apartment to comply with legal overcrowding standards. However,
it is unlawful for a landlord to restrict occupancy of an apartment to the
named tenant in the lease or to that tenant and immediate family.
When
the lease names only one tenant, that tenant may share the apartment with
immediate family, one additional occupant and the occupant's dependent children,
provided that the tenant or the tenant's spouse occupies the premises as
his primary residence.
When
the lease names more than one tenant, these tenants may share their apartment
with immediate family, and if one of the tenants named in the lease moves
out, that tenant may be replaced with another occupant and the dependent
children of the occupant. At least one of the tenants named in the lease
or that tenant's spouse must occupy the shared apartment as his or her primary
residence. Tenants must inform their landlords of the name of any occupant
within 30 days after the occupant has moved into the apartment or within
30 days of landlord's request for this information. If the tenant named in
the lease moves out, the remaining occupant has no independent right to continue
in occupancy.
More
information on roommates is available in our Apartment Guide here and
in the Tenant's Rights Guide here.
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What
is an apartment referral service?
Apartment
referral services are essentially organizations that provide semi-exclusive
listings for apartments for a fee. They are generally not licensed real estate
brokers and do not provide the same service that brokers do.
You
can find a list of on-line referral services in our Apartment Guide here.
Here
is how the Attorney General's Office defines apartment referral services/agencies:
Apartment Referral
Agencies are businesses that charge a fee for providing information about
the location and availability of rental housing and must be licensed by
the state. The fees charged by these firms may not exceed one month's rent.
When the information the firms provide does not result in a rental, the
entire amount of any prepaid fee, less $15.00, must be returned to the
tenant. Criminal prosecution for violations of this law may be brought
by the Attorney General. (Real Property Law, Article 12-C)
...and
for comparison, the definition of brokers:
Real Estate
Brokers: A consumer may retain a real estate broker to find a suitable
apartment. The state licenses real estate brokers and salespersons. Brokers
charge a commission for their services which is usually a stated percentage
of the first year's rent. The amount of the commission is not set by law
and should be negotiated between the parties. The broker must assist the
client in finding and obtaining an apartment before a commission may be
charged. The fee should not be paid until the client is offered a lease
signed by the landlord. Complaints against real estate brokers may be brought
to the attention of the New York Department of State. (Real Property Law,
Article 12-A)
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Do
I have to fill out a personal information form sent recently by my landlord?
Generally,
the only information that a landlord may demand while a tenant is in occupancy
is the names, ages and relationships (whether family members, roommates,
etc.) of all persons occupying the apartment.
If
you obtain a new roommate, the landlord is entitled to the name of the roommate.
If you seek to sublet, the landlord may make a variety of inquiries about
the proposed subtenant and the reasons for the sublet.
If
your apartment rents for over $2,000 the landlord may send an Income Certification
Form for the purpose of petitioning for high income decontrol. If you fail
to respond, the DHCR will send a subsequent form, demanding an answer which,
if not responded to in time, may result in deregulation and eventual eviction.
Other than these circumstances, the landlord may not insist that you divulge
private information. More information on decontrol here.
This,
of course, does not apply to applications for an apartment which you have
not yet rented, or to renewals in unregulated apartments. Landlords may make
a variety of inquiries to determine if you are a creditworthy and desirable
tenant prior to renting you an apartment.
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Disclaimer: By
providing answers to frequently asked questions the staff of the Rent
Guidelines Board attempts to clarify the often complex programs and
regulations governing landlord tenant relations in NYC. However the
information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board. Nor
should this information be used to substitute for advice of legal counsel.
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