Housing Laws for a Private Landlord in New York State
In New York, landlords are subject to the state's rent control and rent stabilization regulations if they rent apartments constructed before 1974. Private landlords are not subject to those strict guidelines if they rent property built after that date. The New York landlord and tenant laws are codified in the New York Real Property Laws.
Security Deposits
Landlords who rent property in rent-controlled or rent-stabilized buildings are subject to the New York Division of Housing and Community Renewal regulations or the New York Division of Housing and Community Renewal guidelines. Private landlords in New York are not subject to strict security deposit laws. Although New York landlords cannot collect more than one month of rent as upfront security deposits in regulated housing units, private landlords are not limited; however, customary practice for private landlords is to collect one month of rent as a security deposit.
Landlords are required to refund deposits within a "reasonable time" after tenants move out, and reasonableness is subject to judicial interpretation on a case-by-case basis. Landlords cannot collect more than 1 percent of the collected security deposit as an upfront administrative expense.
Duty to Upkeep and Repair Laws
Landlords who rent housing in multiple dwelling apartment buildings are subject to the New York Multiple Dwelling and Multiple Residence Laws establishing their minimum habitability requirements. Landlords are required to keep public and common areas free of garbage, pests, trash and vermin. Landlords must maintain their individual units in working order, including maintaining and ensuring that electrical, heating, ventilation and plumbing systems, along with appliances, are in working order.
Safety Laws
New York law requires landlords to supply their homes with carbon monoxide detectors and smoke alarms or detectors. Landlords must install working smoke detectors in entryways directly outside of bedrooms and kitchens. Furthermore, they must install working carbon monoxide detectors immediately outside of all bedrooms and working window safety guards or window latches in each unit with children under 10 years of age and in any other units without children under 10, as long as tenants request them. Landlords must notify their tenants in writing of their rights to safety guards each year through lease addenda or riders.
Landlords must provide peepholes and partially opening door chains for each tenant's main door. Landlords with elevators must install mirrors inside of each elevator. Furthermore, landlords are required to keep their stairways and common grounds well lit during the evening and early morning hours. Landlords in multiple dwelling buildings have further duties to keep their main entries locked at all times or provide attendants and two-way intercoms.
Heating Responsibilities
Landlords are required to heat each of their units from October 1 until May 31 at a constant 68 degrees between the hours of 6 a.m. and 10 p.m. if the outside temperature falls below 56 degrees. Furthermore, they must provide hot water heated to 120 degrees, and if they cannot maintain the water temperature to register at a constant 120 degrees, they must provide anti-scald plumbing appliances.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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