Tenant Rights in New York
Tenants in the state of New York have rights that tenants in other states don't receive. Many cities in New York, including New York City, have rent stabilization or rent control laws. New York tenants receive additional rights to have guests stay over at the apartment. New York also allows a tenant to earn interest on the rental deposit, and even mandates this in some cases.
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Interest
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When a landlord accepts a deposit, the landlord can place the deposit in a New York bank account that earns interest. According to Ithaca College, this is mandatory if the property has at least six units. The landlord gets to keep 1 percent of the interest income and must return the rest of the interest to the tenant when the tenant leaves, unless the tenant causes other damage and has to reimburse the landlord.
Organizing
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Tenants in the state of New York have the right to form tenant's rights organizations and other collectives that represent residents. The landlord may not raise a tenant's rent or evict the tenant as retaliation for forming a group, and the landlord has to allow the tenant's rights organization to hold meetings in a common area on the property. The tenants can use the room to meet for free even if the landlord normally charges a fee to use it, according to the New York Attorney General.
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Rent Control
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Rent control applies to New York City and some properties in other counties of New York, such as Albany and Erie. According to the New York Attorney General, a tenant is only eligible for rent control if the tenant has lived in the apartment since 1971, so the property will not be subject to rent control if a tenant moves out. Rent control also only applies to properties that have at least six units.
Lease Terms
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The state of New York regulates lease agreements. According to the New York Attorney General, terms in an oral lease can not be enforced by the landlord if the tenant lives on the property for more than a year. The lease will then become a month to month lease. When the landlord provides a written lease, the lease must be written in simple English so that it is easy for the tenant to understand, according to Ithaca College.
Brokers
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The state of New York allows real estate brokers to handle rental transactions. According to the New York Attorney General, the real estate broker must hold a valid state license. The broker's commission is normally a percentage of the rent for the first year, and the state does not specify an exact percentage. The broker must be independent from the landlord, or else New York may consider the broker's fee to be a rent payment.
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