For anybody not a secret that in new York city space prices for the purchase of real estate, and housing is often much cheaper to remove than to get possession.
Of course, renting real estate gives you the mobility and relieves your shoulders a concern, however, you depend on the landlord.
There is always a risk that the landlord can evict their tenants when they are somewhat uncomfortable. Think so many opponents of rental housing.
Landlords across different, can’t argue with that. But do not forget that there are laws, which are often on the side of the tenants and aims to protect their interests.
We offer you, as tenants, to see some of their rights, which your landlord could «forget»:
1. To circumvent the ban on the pet
Even if you have already signed the lease, one of which is the prohibition on the pet, the law provides a way around that.
First, it concerns guide dogs and certified animals for emotional support. You only need to give your landlord an appropriate certificate from a doctor.
Otherwise, you can go to court, which uses as a precedent a case Carol T. V. Mutual Apartments Inc.
Some Carol T., living in the Brooklyn apartment of a residential complex Mutual Apartments, Inc., filed a lawsuit that she was subjected to discrimination on the basis of disability.
The defendants were a joint stock company Mutual Apartments and company, real estate management, Prestige Management, administration which wanted to evict a family Carol L. because her dogneeded her “mental therapy”.
Judge faye Lewis sided with the plaintiff and prepared a recommendation to the new York Commission on human rights to fine the defendants in the amount of $95,000.
Since then, residents have increasingly led Pets for emotional support in the homes where their content is prohibited, and landlords are less likely to challenge it, fearing to get a big fine.
And, secondly, NYS Housing Maintenance Code provides that if the tenants in spite of the ban brought a pet and the landlord knew about it or could have known, but for three months did nothing, the tenants are entitled to keep the animal.
Please refer to the source:
NYC Housing Maintenance Code § 27-2009.1 the Rights and obligations of owners and tenants in relation to Pets
(b) If in an apartment building the tenant openly and notoriously for three months or more after came into possession of a residential area, sheltered or gave shelter to home animal (s), the harboring of which is not prohibited by new York law on apartment buildings (Multiple Dwelling Law), codes of the state of new York on the maintenance of housing (Housing Maintenance Code), healthcare (Health Code) or any other applicable law, and while the owner or his agent aware of this fact, but in the three-month period such owner had not started summary procedure or has not taken action to ensure the provisions of the lease prohibiting Pets, then such provision of the agreement should be abandoned.
Moreover, even if the landlord has caused to your home repair, and he saw that you keep the pet, but subsequently no one has made, then after three months you are too late to claim.
2. In some apartments you can live for free
Hard to believe, but according to new York law, it is possible, though in exceptional cases.
Namely, you rent the loft, which subject to article 7-C of the Law of the state of new York apartment buildings (New York Multiple Dwelling Law), commonly known as the loft Law of 1982 (The Loft Law), but your landlord does not comply with its requirements.
In short, the Loft Law seeks to protect tenants who rent housing in former commercial or factory buildings, against eviction, unfair rent or poor conditions.
That is the law and defended the artist Margaret Maugenest from eviction from the Brooklyn Gowanus loft, despite the fact that she hasn’t paid rent for nine years.
In 1984, Margaret moved to live and work in the Gowanus Loft, renting a house for $600 a month. But the landlord did not ensure that the building would meet fire safety standards and various safety precautions, and so in 2003, she stopped paying rent.
Five years later, the landlord sued her in court, seeking eviction of the artist. He even won the case. However, Maugenest appealed this decision to the court of appeals, continuing to live in the loft for free.
In 2012 the court took her side because the landlord didn’t invest in the deadline to bring its buildings into compliance with the standards of safe living.
So Margaret was left to live in his loft and not paid over the past nine years of the lease.
It is noteworthy that the building where lives Margaret, was one of 300who since 1982 has not received the certificate on check in of tenants. If their unscrupulous owners still do not comply with the law, that scenario could be repeated.
3. To circumvent the prohibition of the lessor on the shares, neighbor
Everything is simple: if your other half wants to move to live to you, but the landlord against, there is only one way out – to marry. And then you will protect the law.
And here’s his situation:
The NYS Real Property Law § 235-f. Unlawful restrictions on rent
part 2 If the landlord restricts the rental of dwellings from the term or other lease terms for the tenant (tenants) and their close relatives, it is considered illegal.
4. You will not be evicted for chronic non-payment
The law firm of Adam Leitman Bailey, P. C., for 17 years dealing with real estate, defines chronic non-payment as the phenomenon in which the tenant repeatedly in a relatively short time interval pays rent late more than a month.
While modern case law defines this phenomenon is quite vague, not giving a clear set of standards to describe behavior that constitutes grounds for the termination of the lease.
One of the chronic non-payment, which happens from time to time, enough in order to proceed to trial.
5. The elevators have to be mirrors
In order not to pay the rent for several years or to give to a partner, this condition, undoubtedly, is not enough.
But perhaps you might want to know that the elevators are self-service multi-apartment residential complexes are required to be mirrors.
This requirement must be adhered to before you use the Elevator, people could see whether there is already someone there or not.
This is provided how the New York Multiple Dwelling Law (§ 51-b), and NYC Administrative Code (§ 27-2042).
