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October, 2007 211 E. 43rd St., #1300 New York, NY 10017 Vol. 6, No. 3 (212) 490-9535 REPORT TO NEW YORKERS ON HOUSING FROM STATE SENATOR LIZ KRUEGER Dear Neighbor, With the growing shortage Questions and Answers about Tenants’ Rights of affordable housing — for What services are tenants entitled to? both renters and homeown- The Warranty of Habitability Law, the Housing Maintenance Code, the Multiple Dwelling ers — there has never been Law and other State and City laws guarantee tenants certain essential services and protections. a more important time to Tenants have the right to a safe, well-maintained, livable apartment, to organize and hold tenants’ understand your rights and meetings in their building and to make complaints about lack of services without reprisals. how current housing rules Owners must register with the New York City Department of Housing Preservation and apply to you. While there is Development (HPD) the name of both the owner and agent authorized to make emergency not enough space to address repairs, and list a phone number in the building where the owner/agent can be reached at all times; all pertinent facts, rights and provide regular extermination services if needed; provide daily garbage disposal by compactor or obligations or to explain these complex matters in as much in a sufficient number of covered garbage cans; keep public areas of the building and lot clean and detail as they require, this free of vermin; provide janitorial services; and keep the building in good repair. In apartments, this newsletter covers issues that means walls, ceilings, floors, windows, plumbing, heating, fixtures, doors, functioning locks on each come up most often in my apartment, owner-installed and maintained appliances, adequate lighting in building public areas, District Office. You should peepholes on apartment entrance doors, elevator mirrors, and locks on all main building doors. be aware, however, that there What are my responsibilities as a tenant? are exceptions to the regula- Tenants have legal responsibilities both to the owners and their neighbors. Tenants must properly tions and programs outlined maintain their apartments, discipline their pets, as well as keep stairwells, fire escapes and public here. hallways clean and clear of obstructions. They must keep noise levels down from television sets and I am happy to report stereos and, if required in the lease, cover floors with rugs or carpeting. They must comply with that there has been signifi- NYC recycling requirements. Tenants are also obligated to pay the rent on time. By fulfilling these cant progress in a number obligations, tenants may help create a more pleasant environment for everyone in the building and of areas of housing policy a more positive owner-tenant relationship. under the Governor. There Leases are enforceable contracts between tenants and owners and should be complied with by is a new willingness of staff both sides. In cases where the lease and the law differ, however, the law prevails, and tenants cannot from the Division of Hous- sign away any of their legally protected rights. ing and Community Renew- al (DHCR) to meet with What if I don’t receive proper services or repairs? tenants and their elected If you have a problem with building services or need repairs, first speak to the owner or the agent. representatives, the hiring of If they fail to respond to your complaint, put it in writing and mail it by certified mail, return receipt additional staff to work on requested. Keep copies of all correspondence and records of conversations. If the owner does not act housing policy and enforce- in a reasonable period of time (determined by the urgency of the problem) consider these options: ment, an increase in funding Request a Code Enforcement Inspection. Call HPD’s Central Complaint Bureau at 311. They for housing preservation, and will send inspectors to examine your problem and can issue orders to correct violations. the establishment of a indoor Go to Housing Court. If your problem is serious, you may want to bring an action in Hous- toxins task force to address ing Court. If your problem involves building-wide services, it is a good idea to undertake any legal health issues presented by action through a formal tenants’ association, although you may pursue an individual action. To mold in apartments. bring an owner to court, you must obtain and complete three forms from the Housing Court at If you need more informa- 111 Centre Street: an Order to Show Cause, an affidavit detailing the complaint and an Affidavit tion, or help with individual of Service. or building-wide problems, The $35.00-per-action filing fee may be recovered if you win your case. If you cannot afford the please contact my office at fee, you may apply to have it waived. Once the proper forms have been filled out and the papers are (212) 490-9535. We will be served, you will be notified of a hearing date. Judges can levy fines, issue orders to correct violations happy to speak with you, and appoint special administrators to run problem buildings. either individually or in a group. Please let me know Seek a rent reduction. Rent-regulated tenants can file an application with the State Division if you would like additional of Housing and Community Renewal (DHCR) for a rent reduction based on decreased service(s). copies to distribute in your DHCR has the authority to order a rent reduction until services are restored. Separate complaint building. forms are available for individual and building-wide issues. Sincerely, What about heat and hot water? During the heating season (October 1 through May 31), owners must provide heat as follows: During the day (6 am to 10 pm), if the temperature outside is below 55 degrees, apartments must Liz Krueger continues inside... be heated to at least 68 degrees. At night (10 pm to 6 am), if the Major Capital Improvements (MCIs): Eligible MCIs must temperature is below 40 degrees, apartments must be heated to at contribute to the operation, maintenance and preservation of the least 55 degrees. Owners must supply hot water all year long at a building, and directly or indirectly benefit all the tenants. The constant minimum temperature of 120 degrees. most common improvements are new roofs, elevators, boilers or If your owner fails to provide heat or hot water, keep an windows in every apartment. accuate daily record of this and report it to HPD’s Central Completion of the improvements may entitle the owner to Complaint Bureau at 311. increase your rent, subject to approval by DHCR. DHCR may Is my apartment rent-controlled reject MCI applications if owners have failed to maintain all required services in the building, the work was not completed or rent-stabilized? correctly or there are current “immediately hazardous” viola- While there are exceptions to these general rules, your apart- tions in effect. Improvements paid for out of the reserve fund ment is probably rent-controlled if your building was built of a cooperative corporation or condominium association, unless before 1947, contains three or more apartments, and you or a reimbursed by a special assessment on unit owners, and those family member moved in before July 1, 1971. paid from grants from governmental entities, are not eligible for Your apartment is likely rent-stabilized if your building MCIs. contains six or more apartments and 1) was built between 1947 These are permanent rent increases to your rent which are and 1973, or 2) was built before 1947 and you moved in after 1/84th of the total cost of the improvement, divided by the total June 30, 1971. number of rooms in your building, and then multiplied by the Generally, controlled tenants have one old lease or no lease; total number of rooms in your apartment. For controlled tenants, stabilized tenants renew leases every one or two years. Some MCI increases are capped at 15% annually; for stabilized tenants, apartments that meet the general criteria for rent regulation are the ceiling is 6%. Because of the delay in processing MCI appli- exempt due to the rent level of the apartment, the timing of past cations, DHCR has been allowing owners of rent-stabilized units vacancies, or a previous coop or condo conversion. to collect an additional temporary increase retroactive to the date Owners of rent regulated apartments are required to register that the tenants were served with the owner’s MCI application. their units with DHCR each year. If you have questions about When DHCR begins processing an MCI application, ten- your apartment’s status or legal rent, you can call DHCR at 866- ants receive an official notice outlining the work done and the 275-3427 and speak to a housing counselor. Additional infor- increase sought. Tenants (either individually or as a group) then mation about the unique rights and obligations of rent regulated have 30 days to challenge the application. Do not pay any MCI tenants is available on the agency’s website: http://www.dhcr. increase until you have received a copy of the order authorizing state.ny.us. the increase from DHCR. How are rent increases determined for rent- What lease renewal options apply stabilized and rent-controlled apartments? to rent-stabilized apartments? Increases for stabilized apartments are established annu- Tenants have the right to renew their leases for either a one or ally by the NYC Rent Guidelines Board whose 9 members are two year period at the Rent Guidelines Board’s approved renewal appointed by the Mayor. For renewal leases taking effect on or rate then in effect, under the same terms and conditions as their after October 1, 2007 and on or before September 30, 2008, the original lease. Owners must use a lease renewal form promulgated guidelines are: 3% for a one-year lease; and 5.75% for a two-year by DHCR. New tenants have the same right to choose a one- or lease. two-year lease. Increases for controlled apartments are derived from two Owners must offer renewal leases between 150 to 90 days figures: the Maximum Base Rent (MBR), a maximum ceiling for prior to the expiration of the tenant’s lease, or state the reason rents, and the Maximum Collectible Rent (MCR), the amount why they are not renewing the lease. If you don’t receive a timely an owner can actually collect. New MBRs are computed for each renewal notification, remind the owner of his or her obligation in rent-controlled apartment in the city every two years. However, a certified letter, return receipt requested. If no renewal is forth- the annual MCR increase in most cases cannot exceed 7.5% an- coming, file an Owner’s Failure to Renew Lease complaint form nually and there are some conditions owners must meet in terms with DHCR and sit tight. Until you receive a renewal lease, your of removing violations and maintaining the apartment in order current lease remains in effect. to qualify for the increase. Please keep in mind that a tenant’s failure to respond within What additional increases can affect regu- 60 days of the offering is grounds for eviction. lated apartments? What is “luxury decontrol?” New Appliances: Your rent can be increased if the owner pro- Apartments renting for $2000 or more can be deregulated vides you with a new appliance, equipment or service. But your if the occupants have an income of $175,000 or greater for the written consent (along with an owner’s notification to DHCR, if previous two years consecutively. In order to apply to DHCR for you are a rent-controlled tenant) is necessary before such increase a deregulation order, the owner must send the tenant an “Income goes into effect. A tenant does not have to accept new appliances and pay an increase, despite any claims by the owner that only Certification Form” by May 1 of each year. If the tenant refuses to new equipment is available for replacements. In the event that an return the form, or if the owner disputes the information that the appliance breaks down, the law requires the owner to repair it or tenant submitted, the owner can file a Petition for Deregulation, replace it with a used or reconditioned appliance in good working and DHCR will then attempt to obtain the income information order. If a tenant opts for a new appliance, an owner is entitled to from the tenant. If the tenant either shows an adjusted gross income collect a permanent monthly rent increase equal to 1/40th of its of over $175,000 or fails to return the form within 30 days, DHCR cost. Owners are also entitled to a 1/40th increase for new equip- can issue a decontrol/ destabilization order. ment or improvements in vacant apartments. What about security deposits? in a roommate are required to notify the owner or respond to Owners collect a security deposit limited to one month’s rent a request from the owner about who is living in the apartment from regulated tenants. Security deposits for free-market apart- within 30 days of a formal request for such information. If the ments are not limited. tenant named in the lease moves out, the remaining occupant has Owners of buildings with six or more apartments must place no right to the apartment without the owner’s consent. your security deposit in a separate interest-bearing account and May I keep pets in my apartment? inform you of the bank’s name. You may request that the landlord If your lease specifically permits pets or is silent on the issue, either pay you the interest annually, apply it towards the rent, or then you may have pets. Lease clauses banning pets are binding. pay it to you in a lump sum when you move. Complaints regard- However, “no-pet” clauses are void if owners don’t act to enforce ing failure to comply with these security deposit regulations can them within three months from the time the tenant began openly be filed with the State Attorney General’s offices. keeping a pet. What are my rights to sublet my apartment? Who is eligible for the Senior Citizen Rent In- Unless greater rights are stipulated in their lease, rent- crease Exemption (SCRIE) program? stabilized tenants have the right to sublet their apartments for The SCRIE program freezes rents for eligible tenants and two years out of any four-year period, subject to the owner’s provides a tax abatement for the owner in return. To be eligible consent, which cannot be unreasonably withheld. Rent-con- for SCRIE, you must be 62 years of age or older, live in a rent- trolled tenants have no legal right to sublet their apartments. regulated or Mitchell-Lama apartment, have a household income A tenant may sublet an apartment if the owner unreasonably (after taxes) of $27,000 or less (increasing to $28,000 on July 1, withholds consent or fails to respond to a sublet request. A ten- 2008), and be paying more than one-third of your income for ant cannot sublet if the owner reasonably withholds consent. A rent. You must apply for SCRIE and recertify your eligibility “reasonable” objection may, for example, be based on the past every two years. Tenants who experience a permanent decrease rental history of the prospective subtenant. in income of more than 20% can apply to have their benefits If the apartment is furnished, rent charged to a subtenant recalculated. cannot exceed the legal rent plus a 10% surcharge, payable to the Figures show that only a fraction of eligible recipients are tenant. The owner is also entitled to collect an additional 10% receiving the SCRIE benefits to which they are entitled. If you or under this year’s guidelines for sublet apartments. If the tenant someone you know may be eligible for SCRIE, please call or pick overcharges a subtenant, the tenant may be liable to the subten- up an application in my office or call 311. ant for treble damages. The sublet term may exceed the term of Who is eligible for the Disabled Rent Increase the lease, provided the prime tenant renews the lease. Tenants Exemption Program (DRIE)? must continue to maintain their apartments as their primary The DRIE program freezes the rents of disabled people living residences, and must intend to re-occupy them as such. in rent-regulated apartments or Mitchell Lama buildings and pro- Am I allowed to move out of my apartment vides a tax abatement for the owners. Households that are eligible before the lease is up? include those receiving Social Security Disability, Supplemental Only senior citizens over age 62 who have been accepted Security Income, Veterans’ pensions or compensation, and those for residency in certain adult care facilities or designated senior enrolled in the Medicaid Buy-In Program. DRIE is designed to housing can terminate a lease without penalty following 30 days work in the same way as SCRIE except that it has lower income notice to the owner in the manner outlined in the statute. For limits. The eligibility limit for DRIE varies by household size all other renters, a lease is a legally binding contract and tenants and source of income but in general the income limit for single may be held liable for the rent for the balance of the lease term individuals is $18,060 and $24,932 for couples. However, there if an owner brings an action in court. However, many owners are are certain deductions that are allowed. To obtain an applica- pleased about a tenant leaving before the lease is up since it may tion, you can either call 311 to get one from the Department of mean additional rent increases through a vacancy lease or apart- Finance or contact my office. ment improvements. The best bet is to discuss the situation with What about “free market” apartments? the owner well in advance of the time you want to move out. Rental apartments not subject to the rent stabilization or rent Can the owner enter my apartment? control laws are known as “free market” apartments. Rents for Owners must have access to your apartment in an emergency free market apartments are negotiated. The lease the parties sign which might result in damage to the building or other apart- dictates the terms of the tenancy. Tenants should carefully review ments, such as a broken water pipe or gas leak. Owners are also such leases before signing, particularly with regard to the tenants permitted to enter apartments with reasonable notice to inspect taking occupancy obligations, security deposits, use of parking and make needed repairs. If your lease requires you to give your spaces or other building facilities, improvements to be made to owner a key to a lock you installed, you must do so. Failure to the apartment prior to the tenant’s taking occupancy, ongoing grant reasonable access is grounds for eviction. maintenance and late charges. Owners of free market apartments May I have a roommate? are not required to offer tenants renewal leases. There are no Provided a tenant continues to occupy the apartment as their limits on rent increases. Despite the exemption from rent regula- primary residence, each tenant named on a lease has the right to tion, there are a number of laws which apply to all owner-tenant have one unrelated roommate and that roommate’s dependent relationships, including the Warranty of Habitability, the NYC children reside with them. Immediate family members of the Housing and Maintenance Code, the Multiple Dwelling Law, named tenant do not count as roommates. Tenants who take and the Roommate Law. 211 East 43rd Street, Suite 1300, New York, NY 10017 • (212) 490-9535 YOUR HOUSING RIGHTS 490-9535 211 East 43rd Street, Suite 1300, New York, NY 10017 • (212) office at 212-490-9535 numbers and websites, please contact my For a listing of important housing phone New York Senate Albany Update PAID U.S. Postage State Senator Liz Krueger’s PRSRT-STD New York State Senate, Albany, NY 12247 of Incorporation, Declaration of Condominium or Bylaws. The Rights of Co-op Shareholders • the right to be counted in elections proportionate to units or and Condominium Owners shares owned. The rights of condominium owners and co-op shareholders are Despite these rights, shareholders and unit owners who are derived from a complex series of laws, regulations and individual treated unfairly and arbitrarily by their board have often found building by-laws and other corporate documents. that the deck is stacked against them when they seek changes, Offerings of condominiums and cooperatives are regulated by particularly when the board is still controlled by the sponsor. If the Attorney General under the General Business Law (GBL), a you hare having difficulties with a sponsor-controlled board, you statute designed to protect potential buyers from fraud through can contact the Attorney General’s office at (212) 416-8121. detailed disclosure requirements. Once cooperative and con- dominium plans are declared effective, condominiums fall Property Tax Exemption Programs under the NYS Condominium Act and cooperatives fall under All homeowners who are New York State residents qualify for the state’s Business Corporation Law—the same statute that the Basic School Tax Relief (STAR) program regardless of age regulates the state’s major corporations. Although both of these or income as long as they live in the property they are claiming. statutes grant owners and shareholders some rights, their primary STAR provides savings of approximately $200 a year. Senior thrust is to require that co-ops and condos simply address certain citizens who qualify for Basic STAR and have an annual house- issues in their operating documents: for co-ops, the proprietary hold income less than $70,650 are eligible for Enhanced STAR. lease, house rules, Certificate of Incorporation and by-laws; for Enhanced STAR provides average yearly savings of $375. In ad- condos, the Unit Deed or Declaration, house rules and by-laws dition, this year the State enacted a Middle Class Star Rebate of the condominium association. Program, which provides an additional benefit for homeowners Among the rights of shareholders and condominium owners with incomes under $250,000. Rebates range from $22 to $131, under various state and city laws are: depending on income, type of unit, and whether the recipient • the right to “quiet enjoyment” and peaceful use of the apart- has enhanced STAR. ment and all public areas and facilities within the co-op or The Senior Citizen Homeowner’s Exemption (SCHE) is a condominium. partial real property tax exemption available for property own- • the right to expect that common areas will be maintained in ers aged 65 years or older with annual incomes below $35,400, proper condition, as required under the Real Property Law’s and who reside in residential properties including one-, two-, or “Warranty of Habitability.” three-family homes, condominium units, or cooperative apart- • the right to receive all services and use all common facilities ments. Note: Applicants who qualify for SCHE automatically are available to all other owners in a non-discriminatory manner. eligible for the Enhanced STAR exemption. Individuals who file for • the right to be charged only the approximate proportionate SCHE do not have to file a separate application for STAR. share of the expenses of the co-op or condominium. The NYC Department of Finance also administers a Disabled • the right to a list of all shareholders in the co-op corporation. Homeowner’s Exemption (DHE) which provides a partial real • the right to participate in an annual meeting of all shareholders property tax abatement for property owners who have a medi- or unit owners and to receive timely notice of the annual meet- cally certifiable disability, an annual income below $35,400, and ing or any special meetings. who own and reside in a one-, two- or three-family home, con- • the right to inspect the minutes of all shareholders’ or condo- dominium or co-op. minium association meetings. For more information regarding any of these programs, or to • the right to receive an annual financial statement. receive an application, you may contact my office at (212) 490- • the right to vote to amend the Proprietary Lease, Certification 9535 or the NYC Department of Finance at 311.
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