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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.
In addition: The NYS Homes and Community Renewal's Office of Rent Administration (DHCR) also offers useful information on their own FAQ page as well as on their Forms and Information by Topic page.
• NYC.gov has a Buildings and Property FAQ that may provide useful answers.
• The New York Times regularly answers questions from rent stabilized tenants about various housing issues in their Ask Real Estate column.
What
are my options if I want to get out of my lease early?
First,
ask your landlord if s/he will let you out of the lease. Landlords are sometimes
willing to accept vacancies, especially if it will lead to a rent increase.
If
your landlord refuses to let you out, you can ask the landlord if you can "assign" the
lease. This means that you would have to find a new tenant. The landlord
can refuse to do so, but if his/her refusal is unreasonable s/he must release you
from the lease in thirty days upon your request.
For
more information see the "Subletting
and Assigning Leases" section of the NY State Attorney General's
Tenant's Rights Guide.
Generally
speaking, breaking a lease is like breaking a contract, and the landlord can claim part or all of your
security deposit for unpaid rent. The landlord could also go to court to
enforce the terms of the lease (i.e., ask you to pay additional rent until
a new tenant is found). Under current rulings, landlords also have no duty to
promptly re-rent the apartment, and you could be liable for the rent due until the expiration of the broken lease.
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I signed a lease and the apartment is not ready to move into. What can I do?
Unless the lease states otherwise, the apartment must be made available to
the tenant on the beginning date of the tenancy. If the apartment is not available
when agreed, the tenant has the right to cancel the lease and obtain a full
refund of any deposit.
For assistance, contact
the New York State Division of Housing and Community Renewal. For legal advice, see our Legal Services web page. In addition, the following
tenant groups can offer advice:
- Met Council
on Housing (212) 979-0611
- Tenants and
Neighbors (212) 608-4320
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Can
you have more than one stabilized lease?
Under
the rent stabilization law, a tenant in a rent stabilized apartment must
maintain the unit as his/her primary residence. The primary residence provisions
of the law were enacted to make sure that tenants did not take advantage
of the regulatory system.
If
you are subletting the extra apartment, you may be subject to eviction. For
information on subletting, see our FAQ on Subletting.
If you are not a primary resident, the landlord may refuse to renew your
lease. Additionally, see our Primary Residence FAQ
section.
Finally,
it is not unlawful per se to rent two stabilized apartments. Many people
rent more than one apartment because of space requirements. However, in these
situations the apartments are usually adjacent (or at least in the same building)
and thus are considered to be a single "primary residence." It
is not uncommon for married couples to maintain two separate rent regulated
residences.
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Can
the landlord demand a guarantor when I sign the lease?
If
the landlord has not yet signed the lease, the lease is not executed and
the landlord has the right to ask for a guarantor.
If
this is a rent stabilized renewal lease, the landlord may not impose
new terms, and thus the landlord has no right to newly insist on a guarantor.
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My
landlord never followed through on promised improvements. Where do I turn
for breach of lease?
Your
rights are defined by your lease and by state and local law. If the lease
specifies the services or improvements and the landlord has not performed,
s/he has breached a legitimate contract and you may demand damages or performance.
If
the improvements simply concern amenities which do not effect the habitability
of the apartment, you could sue the landlord for damages or to force him
or her to abide by the terms of the lease. The court you choose will depend
upon the amount of damages claimed and the type of relief sought. If the
improvements concern habitability, you may seek an inspection to determine
if there are housing code violations and you could sue for repairs in the "HP
Part" of Housing Court. For
further information, visit the two Tenant's Guides to Housing Court here and here. If the improvements involve a service which
has previously been supplied to the tenants of the building, you may want
to consider filing a reduction of service complaint with the New York State Division of Housing and Community Renewal (DHCR).
We
suggest you obtain a consultation with a private attorney. For legal advice, see our Legal Services web page. In addition, the following
tenant groups may provide advice:
- Met Council
on Housing (212) 979-0611
- Tenants and
Neighbors (212) 608-4320
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Does a tenant in a rent stabilized apartment have the right to add their spouse's name to the lease?
Yes. The tenant has the right, upon request to the owner, to have the name of his or her spouse added to the lease as an additional tenant, if the spouse resides in the apartment as a primary residence. There is no rent increase associated with this change, other than the approved renewal lease increase rates in effect at the time of renewal. If necessary, you may file a complaint with New York State Division of Housing and Community Renewal (DHCR), the state agency which administers the rent laws.
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I
don't have a lease, so I am a month-to-month tenant. What are my rights and what are the allowable rent increases?
If you are a rent stabilized tenant,
your landlord must offer you a lease. Your rent cannot increase until
you receive a lease, and may only increase according to the annual rent guideline
increases voted on by the Rent Guidelines Board. Information of rent increases
can be found here.
If
you are not a stabilized tenant, there is no limitation on the amount
of rent increases. [If you're unsure whether your apartment is rent stabilized, you
may want to double-check with the New York State Division of Housing and Community Renewal, the state agency which administers the rent laws,
to see if your apartment is rent stabilized.] If you have no lease, or if your lease has expired, you
are considered a "month-to-month" tenant. According to the NYS
Attorney General's Office, a New York City landlord may raise the rent of
a month-to-month tenant with the consent of the tenant. However, if the tenant
does not consent, the landlord can terminate the tenancy by giving appropriate
notice.
As stated in the NYS Attorney General's Tenant's Rights Guide, "Renters who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. In localities without rent regulation, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent (Real Property Law § 232-c).
"A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.
"Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-a and § 232-b)."
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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.
In addition: The NYS Homes and Community Renewal's Office of Rent Administration (DHCR) also offers useful information on their own FAQ page as well as on their Forms and Information by Topic page.
• NYC.gov has a Buildings and Property FAQ that may provide useful answers.
• The New York Times regularly answers questions from rent stabilized tenants about various housing issues in their Ask Real Estate column.
RGB Page Updated 12/30/2016
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