New York Tenant Rights in a Lease Breach

New York law gives tenants specific rights when their landlord has violated the lease.

New York landlord-tenant law is extremely comprehensive, and outlines the duties and rights of both landlords and tenants in that state. If a tenant feels that a landlord is violating her rights, she should first approach the landlord and try to rectify the problem. If the landlord refuses to change her behavior or rectify a problem, the tenant has the right to either sue the landlord or, in some cases, apply for a reduction in her rent. In the case of particularly serious violations, a tenant may also be able to press criminal charges against a landlord.

Leases and Rental Agreements

Leases and rental agreements are legal contracts between tenants and landlords. Signing a lease or rental agreement gives certain rights and responsibilities to each party. If either tenant or landlord violates the rights of the other, each party has the right to take action to enforce his rights. Tenant rights in New York State include the right to live in a "habitable" home (the "Warranty of Habitability"): The landlord has the right to receive rent in exchange for providing the tenant with a clean, safe place to live, complete with working utilities. This right is implied in all leases and rental agreements executed in New York state, and cannot be abridged. Additional tenant rights that are backed by specific remedies include the right to not be overcharged rent in rent-stabilized areas and to proper eviction procedures. Failure of a landlord to honor a tenant's rights in any of these areas can result in monetary damages being awarded to the tenant.

Rent Reduction

If a tenant's home is in violation of the Warranty of Habitability, the tenant can appeal to the court for a reduction in rent (rent abatement). The judge must assesses the degree to which a tenant's rights are violated based on the nature of the problem and the landlord's response (or lack thereof) to it. The judge can then reduce a tenant's rent for as long as the problem exists or, in some cases, every time a problem occurs.

Lawsuits

Tenants can also sue landlords directly if the landlord violates the lease agreement or their rights. In New York State, a tenant in a rent-stabilized or rent-controlled building has a right to sue a landlord for any overpayment of rent. In some instances, the tenant can be awarded as much as triple the amount of rent overpayment. The same holds true for unlawful evictions. In New York, only a sheriff, marshal, or constable can physically evict a tenant. Landlords may not lock a tenant out of the rental unit, take the tenant's belongings, nor shut off her utilities to enforce an eviction. If a landlord does this, the tenant is not only entitled to triple damages in court, but the landlord could face further civil penalties as well as criminal charges.

Tenant Repairs

The New York State Tenant Rights Guide states that, under "extenuating" circumstances, a tenant may make her own repairs, and bill the landlord for the cost of making the repair, if a landlord has been informed of the need for a repair and has failed to make it. If a tenant does this, she should keep copies of her receipts to document her expenses.

Warning

While a tenant can deduct the cost of repairs or damages from her rent, a landlord may respond to this by suing the tenant for not paying her rent. The tenant may countersue, but this course of action can quickly result in an complicated and expensive legal battle.

References

• New York Attorney General Tenant's Rights Guide
• Tenant Net: Community Training Center Fact Sheet: Warranty of Habitability