New York City landlords are the worst . They are in fact celebrated for being the worst , proud of it even . Jared Kushnerisn’t even the bottom of the lot . They ’re at their happiest when appoint extortionate split for ill - kempt apartment in buildings with speculative posture . Does your swallow hole drain inexplicably smell of lunch meats ? Do bit of your bedroom ceiling cover up your floor like snow on a spruce ? Does your building door neither locknoropen decently ? And for all these dubious pleasure , do you drop two - thirds of your income on split ? Well then , you must be a tenant in the five boroughs . Congrats .
As a tenants ’ attorney , I see landlords ’ soiled tricks up close every day . With any luck , you will never have to come to my situation . But chance alone is never enough in the city , so I ’ve put together a myopic leaning of the major things your landlord does not want you to know .
Sometimes it feels like your landlord has all the cards – hopefully these tips will give you a few of your own , and economize you some stress and money down the line .
Jason Hoffman/Thrillist
1. Your apartment might be rent-stabilized
Like the abominable snowman , anaffordable rent - stabilise apartmentsounds like something that exists only in folklore . But they are actually relatively common , and you may already be living in one without realizing it . renter in economic rent - stabilized apartment pay lower rents and have more right field than market - charge per unit renter . If your flat is rent - stabilized , your life could be ripe , even if it wo n’t keep your neighbor ’s polka revival stria from rehearsing every night . The trouble is , landlordshaterent - stabilise apartments , and may conveniently forget to mention it on the lease .
Any building constructed before January 1 , 1974 with six or more apartments should be rent - stabilized . There are exceptions to this regulation , but if you live in an older construction with six or more units , and your landlord has not given you a rent - stabilized letting , it ’s worth your sentence to research your construction ’s history .
Landlords are required to read rip - regulated buildings with an office called theDivision of Homes and Community Renewal(DHCR ) . If you go to your borough ’s arm of DHCR with a term of a contract or valid ID , they will give you a document call the rent history , which will tell you whether the building was registered as snag - steady . If that sound like too much legwork , just e-mail them .
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Unfortunately , landlords do not always record their rip - stabilise edifice with DHCR ( think of what I said about them being the bad ? ) . If DHCR does not have any phonograph recording of your building , consider these other options .
Check your building ’s history online at theDepartment of BuildingsandDepartment of Housing Preservation and Developmentwebsites . Again , the all-important criterion : Did the edifice go up before 1974 , and was it show with six or more flat .
If you know in a newfangled construction , ascertain theDepartment of Financewebsite . The city grants many developers tax break to lower construction costs . In exchange , developers agree to make their new buildings rent - stabilized . Sometimes , furtive landlords do n’t say their tenant about this arranging . The Department of Finance internet site will let you know if your landlord did get a tax prison-breaking , in which suit your edifice may be rip - stabilise .
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landlord will go to great distance to avoid rip - stabilization . I once handled a face in which the landlord keep – despite irrefutable legal proof – that the construction was not regulated . His reason ? He say it was my client’smattressthat was rent - brace , and since it had been thrown out , the status was null . Your landlord might not be quitethisstupid , but you need to keep an even closer eye on the canny ones .
2. Your landlord might be charging you illegally high rent
If your apartment is tear - stabilize , your landlords can not burden you whatever amount they pull out of a hat and multiply by two . They can only institutionalize you the sound regulated rent , which is set so that living in New York City is not single to fudge - fund - droids and finance - bot . This is what makes snag - stabilise flat so great . you could figure out what your sound regulated rent is by lead to DHCR and hold the rent history register . If it ’s lower than what you ’re paying , you are being overcharged .
However , some New York City landlords have the craft of thirsty rats , and might register fallacious split with DHCR . There are mode to determine if the registered rip is fraudulent , but the analysis is a little complex . A split - stabilized landlord can only increase the rip under certain circumstances , for example , when a fresh tenant moves in , when an be tenant renews the rental , or if the apartment is given a major renovation .
As you test the rent account , look for anything suspicious . Maybe your landlord take they made major refurbishment in your apartment while a recent tenant hold up there , but your walls are made of old newspaper and light-headed putty , and your refrigerator look like your high school footlocker . DHCR has afact sheetexplaining what to look for .
Dumbo, Brooklyn|Alessio Catelli/Shutterstock.com
If you are being pluck , you’re able to file a sheath with DHCR or in tribunal . If you win , you’re able to force your landlord to make up you the amount you were overcharge . In fact , if DHCR or the judicature retrieve your landlordintentionallyovercharged you , they will award you triple the amount you overpay .
3. You are entitled to a fresh coat of paint every three years
Yes , if the walls of your apartment could talk they ’d ramble about a far rougher urban center , but that does n’t mean you ask to experience with all those mustard grime from the ' fourscore . In New York City , every apartment ( rent - mold or not ) has to be sustain according to the Housing Maintenance Code ( HMC ) . The HMC require landlord to make certain the curl on your front door works , that your window are n’t broken , and much more . One section of the HMC need your landlord to repaint your apartment every three years .
This does n’t imply that you’re able to tear apart the place with a monolithic party , then force your landlord to get along unobjectionable up . It is the landlord ’s responsibility to maintain introductory standard ; you may still get in trouble for destroying your apartment . But if conditions take off to degenerate because of common wear and split , your landlord is responsible for fixing them up . If a fresh coat of paint would breathe new life into your apartment , deal asking your landlord to foot the bill .
4. You can report your landlord for neglecting to maintain your apartment
One of a landlord ’s favourite trick is to blame the tenant ( you ) for everything that goes amiss in the apartment . Paint is strip ? That ’s your shift for putting up a picture on the wall . pot is backed up ? You should n’t have been using the bathroom so often . Front room access is busted ? That ’s on you for walking through it , like , every single day . The truth is , not everything that happens in your apartment is your fault , and if things are going incorrectly you’re able to recount the City about it .
There is a New York City agency ring theDepartment of Housing Preservation and Development . One of its jobs is to ensure landlords comply with the Housing Maintenance Code . If you call 311 and necessitate to speak with them , you may get a city examiner to come out to your apartment and progeny violation for bad conditions .
Landlords hate get the City breathing down their necks , and they can get fined for failing to fix violations issued by the HPD . So if your landlord refuse to fix that leaky faucet , or wo n’t put up new dry wall over that hole , consider calling 311 and report them . Your landlord is more probable to take your problem seriously when the alternative is to pay off thousands of dollars in fines .
5. Your landlord cannot evict you without first going to court
Nobody want to go to court . It is a stressful , unhappy place filled with attorney . But sometimes it is the best home to go if things get messy . peradventure you settle behind on the rent and need a small sentence to beguile up . Maybe you and your landlord just do n’t wish each other , and she decided she require you out . If things have gotten that bad , the key matter to know is that your landlord can not just kick you to the curb .
It is illegal for landlords to change the lock or throw their tenants out on the street . The practice , call “ self - assist eviction , ” was outlawed because it was vicious and dangerous . If your landlord wants you to leave behind , they have to take you to court . The tribunal summons is foresighted and gives tenant many opportunities to assert their right .
To start a case against you , your landlord has to give you conventional notification that she need you to leave the apartment . Next , she has to serve up you with a “ orison , ” which officially opens the compositor’s case . Andthen , your landlord has to convince a judge that you should be evicted . Finally , she has to get a city marshall to do out and actually do the force out business in person . At every stage , tenant have the right to stir effectual defenses and slow down the process of eviction .
I have hear infinite stories of landlords tell tenant that they just need to allow , and threatening to change the lock if they do n’t . Sometimes these threat work , and people move out before they have a chance to stand up for themselves . Do not get bullied by this posturing . If your landlord want you out , they have to take you to motor lodge first .
If you live here long enough , these five tips will finally make navigating the mankind of rent in New York City a little less daunting . Of of course , in actual legal subject , you should consider refer an attorney . And one final affair : salutary fortune out there .
head up : This clause does not comprise effectual advice .
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