New York Common Disputes
Can my landlord interfere with my right to organize with other tenants?
No, it is against the law for landlords to harass or punish tenants for their right to organize. Tenants have the right to form associations, hold meetings, and fight for their rights without interference from landlords.
How much notice must my landlord give me before raising my rent by 5% or more?
The required notice depends on how long you've lived in the apartment. For 2+ years, 90 days notice is required. For 1-2 years, 60 days notice. For less than 1 year, 30 days notice.
What are some key rights I have as a tenant in a Low Income Housing Tax Credit building?
In LIHTC buildings, landlords cannot evict tenants or refuse to renew leases except for good cause. They also cannot retaliate against tenants who report violations or refuse to rent to Section 8 voucher holders.
What are the key differences between rent control and rent stabilization in NYC?
Rent control covers tenants in pre-1947 buildings who have lived there since 1971. Rent stabilization generally applies to buildings with 6+ units built before 1974. Both offer protections like limited rent increases and lease renewal rights.
What are the three key parts of the Warranty of Habitability for rental properties?
The Warranty of Habitability requires rental properties to be 1) fit for people to live in comfortably, 2) set up as a residence, and 3) free of dangers, hazards, or risks to life and safety.
What should I do if I receive a 14-day rent demand notice from my landlord?
Do not ignore the notice or assume you must move out immediately. The landlord cannot remove you without a court order. Try to pay the rent within 14 days to avoid court.
What precautions should I take if working for my landlord to offset rent costs?
Agree on your labor's value (at least minimum wage), make a written agreement outlining the work and compensation, track your time, and keep receipts for any materials. This protects you and documents the arrangement.
What are the key steps in the eviction process that my landlord must follow?
The landlord must give you a Notice of Petition and Petition, allow time to find a lawyer, attend the court hearing where a judge makes a ruling, and only have law enforcement execute an eviction warrant.
When are window guards legally required in NYC rental units?
Window guards are mandatory if the building has 3+ units and a child age 10 or younger lives in the apartment. Tenants can request window guards even if they don't have young children.
What are the specific NYC heat requirements for rental units during "Heat Season"?
From Oct 1 - May 31, landlords must maintain an indoor temperature of at least 68°F from 6am-10pm when it's below 55°F outside, and an indoor temperature of at least 62°F from 10pm-6am.
How can lead-based paint in my rental unit harm my young child?
Even small amounts of lead exposure can damage a young child's ability to learn and cause behavioral issues like hyperactivity and irritability. At high levels, lead can cause brain damage and death.
How can I get court forms to file an "HP action" for repairs or stopping landlord harassment?
You can get the forms through an online interview on LawHelp Interactive. It asks for case details, generates the documents, provides instructions for filing with the court and serving the landlord.
What steps should I follow to get NYCHA to make needed repairs in my apartment?
Make a detailed list of all repair needs. Contact NYCHA's Customer Contact Center for a repair ticket number and date. Track all communications with NYCHA representatives. Going to court may be required for quicker action.
What notices must my landlord provide before taking me to court for unpaid rent?
The landlord must send 2 notices: a 5 day late rent notice by certified mail and a 14 day rent demand notice. They must then wait at least 14 days after the demand notice to start a court case.
What are my rights if my rental is in foreclosure? Can I be forced to move out immediately?
You generally have time to plan and may be able to stay if the property is sold. The new owner must give 90 days notice and can't force you out without a court-ordered eviction warrant.