NYC Tenant Rights
New York City has its own expanded version of the Landlord and Tenant Act that governs lease agreements in the state of New York. Tenant rights are governed by this act and include additional occupants, security deposits, eviction defense and appeal, smoke and carbon monoxide detectors and rent regulation.
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Occupants
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A tenant in New York City can have other occupants in his apartment, including an unrelated occupant, the occupant's children and immediate family, without restriction from the landlord. The tenant must, however, inform the landlord of the additional occupant(s) 30 days after the occupant(s) moves in, or when the landlord specifically requests the information.
Carbon Monoxide and Smoke Detectors
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A tenant has the right to a smoke detector, carbon monoxide detector or combination device. The detector(s) must be located within 10 feet of all bedrooms for smoke detectors or 15 feet for carbon monoxide detectors. If a landlord needs to install a new detector in the residential unit, he can request a tenant to reimburse $10 for smoke detectors, $25 for replacing a smoke detector with a combination detector or $35 for combination detectors.
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Security Deposits
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New York City does not restrict the amount landlords can charge for security deposits, but the payment is typically equal to the first month's rent. Additional funds can be added to the security deposit during lease renewals, if the new rent payment is higher than the original. Security deposits must be placed in a separate bank account. Landlords that oversee 6 or more units have to put security deposits in an account that accrues interest. The security deposit, minus repair and cleaning expenses, must be returned at the end of the lease term or a short time thereafter. New York City does not define what the reasonable time period is, however.
Rent Control and Stabilization
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A tenant may have rent control if he has been living in the rental unit prior to July 1, 1971. Rent control limits the rent amount a landlord charges, and it also provides additional protection to the tenant against eviction.
Rent stabilization refers to rental units that have rental increases controlled by Local Rent Guideline Boards. Rent stabilization also provides protection against eviction, and enables a tenant's lease to renew every lease period. The criteria for rent stabilized buildings are very specific. To find out if a building is rent stabilized, refer to the New York City Rent Guidelines Board's Tenant Rights Guide.
Required Utilities
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A tenant has the right to specific utilities if the landlord owns more than one apartment building. A tenant's rental unit must have heat between October 1 to May 31. There are specific guidelines for temperature. If the outside temperature is 55 degrees Fahrenheit, the minimum inside temperature must be 68 degrees Fahrenheit. If the outside temperature is 40 degrees Fahrenheit, the inside temperature must be at least 55 degrees Fahrenheit. A tenant also has the right to hot water, capable of reaching 120 degrees Fahrenheit on normal fixtures, or 110 degrees Fahrenheit on anti-scald fixtures.
Eviction
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A New York City tenant is protected against eviction during the lease term in most cases, the exceptions being violating local housing laws, violating lease terms or non-payment of rent. A landlord cannot evict a tenant without a court order. The tenant must also receive a written notice of termination before the landlord can file an eviction case. During the eviction case, a tenant has the right to contest the eviction in court, petition for extra time to move if the court case goes against him, or file an Order to Show Cause. The Order to Show Cause is an eviction stay and appeal filed after the initial judgment, and before a tenant is physically evicted.
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