New York City Residential Landlord Law Attorneys Deliver Strong Counsel

Skillful advocates strive to keep people in their homes

As a residential tenant, you’re responsible for paying the rent and abiding by other provisions within the lease you signed. However, landlords have serious legal obligations as well. When landlords fail to act in accordance with New York law or the language in the rental agreement, Goldberg & Lindenberg, P.C. works to hold them accountable. If you’re having trouble getting your security deposit back, weren’t warned about a dangerous condition or are still waiting for a key repair to be completed, we offer strong advocacy until your situation is resolved.

Obligations of landlords under New York law

Various regulations have been put in place setting forth clear obligations that a landlord has when they deliver the unit and beyond. These measures address various concerns, such as:

• Security deposits — A landlord can make a new tenant pay a security deposit of up to one month’s rent. The funds must be kept in an interest-bearing account and should be returned in full, unless there is damage to the apartment that goes beyond normal wear and tear.
• Mandatory disclosures — Property owners throughout the state are required to disclose information regarding sprinkler systems and lead paint exposure to tenants. New York City landlords also have to state if bedbugs were found in the apartment in the previous year.
• Maintenance and safety — The apartment and public areas must be in a livable condition and working smoke and carbon monoxide detectors must be present.
• Liability — Residential landlords are legally responsible for taking reasonable measures to protect the residents and visitors on their property. This responsibility can include keeping outdoor walkways free of ice, ensuring adequate lighting in public areas, performing required elevator maintenance and marking hazards such as wet floors.

Whether you’re reviewing a lease or have a concern about an apartment where you already dwell, our firm is ready to give you the information and support you need to take on a landlord who is operating outside the law.

New York’s Housing Stability and Tenant Protection Act

Enacted in 2019, New York’s Housing Stability and Tenant Protection Act (HSTPA) strengthened renters’ rights and sharply curtailed the ability of landlords to remove residences from rent stabilization rules. Previously, once the rent and the combined income of apartment residents hit certain levels, the unit would no longer qualify for rent stabilization. Now, rent increases are regulated regardless of these factors, and landlords are limited as to the rent hikes that they can issue for rent regulated apartments even after a vacancy. Moreover, landlords used to be able to institute significant, permanent rent increases to fund major capital improvements. The cap on these hikes has been lowered to two percent.

Lawyers advise on claims alleging breach of warranty of habitability

Regardless of what claims a landlord makes or the specific terms of your lease, you are protected by the warranty of habitability that is inherent within every New York lease. This means that every area of your apartment must be livable and the public spaces in the building must be safe. Repairs are required to be made in a timely manner, extermination services have to be provided when necessary, garbage has to be collected and you cannot be denied key utilities such as heat and hot water. The implied promise that the landlord makes also includes the responsibility to remove lead paint and remedy other dangerous conditions. If you are not living in a safe, healthy environment, we will put the landlord on notice immediately and are prepared to take further steps if necessary.

Contact a New York City attorney for assistance with a residential lease issue

Goldberg & Lindenberg, P.C. in Midtown Manhattan advises residential tenants on the legal obligations required of New York landlords. To schedule a free non-obligation consultation, please call 212-921-1600 or contact us online.