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CAN A LANDLORD DISCRIMINATE AGAINST ME?
Landlords may not discriminate
- Because of race, creed, color, national origin, sex, disability,
age, marital status (NYS Executive Law
296.5) or religion or familial status (including
children under the age of 18 living with parents or legal custodians,
pregnant women and people securing custody of children under 18)
(Federal Housing Act)
- In Syracuse, based on sexual or affectional preference or orientation.
(Fair Practices Law, Art. IV 5)
- Against people in alternative or non-traditional family relationships.
(Braschi V. Stahl Associates Co.)
- Against tenants with children including pregnant women. (Real
Property Law 236 and Federal Fair Housing Act).
Landlords may not ask questions about race, creed, color, national
origin, sex, disability, age, marital status, religion or familial
status and in Syracuse about sexual or affectional preference or
orientation.
Landlords may make rental decisions based on
- People's financial situation
- Someone is or has been a threat to the health and safety of
others.
- Someone who is currently using illegal drugs (Fair Housing Act)
ARE THERE SOME RENTAL SITUATIONS WHERE
THE LAWS AGAINST DISCRIMINATION DO NOT APPLY?
- A building which has only two rental units and the owner or
a member of his/her family lives in one.
- A rooming house. It can be limited to one gender. A person renting
out rooms in his/her own house or apartment. A building for older
people. It can be limited to those age 55 and above. (NYS Executive
Law 296.5 (a)
WHAT REASONABLE ACCOMMODATIONS CAN A PERSON
WITH DISABILITIES EXPECT FROM A LANDLORD?
- Adapt rules, policies and services.
- Allow persons with disabilities to make reasonable physical
changes in the apartment if that person will:
Pay for the changes. Return the interior of the apartment to its
original condition if this is a reasonable expectation.
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HOW CAN I PREVENT BEING CHARGED FOR DAMAGES DONE BY PREVIOUS TENANTS?
Write out a Conditions Report that:
- Is written by the tenant
- Is written before the tenant pays the security deposit
- Is a detailed list of the problems and defects of the new apartment.
- Is signed and dated by both the tenant and the landlord. Both
get copies.
SHOULD I GET A RECEIPT FOR MY SECURITY DEPOSIT?
- Always get a receipt.
- The receipt should state the money is a security deposit.
- Keep the receipt in a safe place so when you move out, you have
proof of the amount you paid.
WHAT IS THE PURPOSE OF MY SECURITY DEPOSIT?
- To keep the apartment from being rented to someone else before
you move in.
- To reimburse the landlord for reasonable costs of repairs from
damages by the tenant beyond normal wear and tear.
- As you move out, the landlord may take reimbursement for any
unpaid rent. (General Obligations Law Article 7).
WHEN DO I GET BACK MY SECURITY DEPOSIT?
- The security deposit remains the property of the tenant unless
the tenant does not fulfill his/her responsibilities under the
lease.
- The tenant is entitled to get back the security deposit when
the lease expires.
- In Syracuse the landlord must return the security deposity within
two weeks of the end of the rental agreement (Syracuse Housing
Code 27-124(2)).
DO I GET ANY INTEREST ON MY SECURITY DEPOSIT?
- Landlords of buildings of six or more apartments must put tenants'
deposits into interest producing New York bank acounts.
- Inform the tenants in writing of the bank's name and address
and amount of deposit.
- Tenants must receive the going rate of interest on their deposits
minus 1% for administrative costs.
- Tenants can request the interest to be given to them annually,
applied to the rent, or paid at the end of the lease.
The security deposit may never be combined
with anyone else's money.
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- Tenants are entitled to a copy.
- The rent cannot be raised during the time period of the lease
unless the lease says otherwise.
- Tenants cannot be asked to leave unless they break the rules.
- Tenants have a legal obligation to pay the rent during the whole
period of the lease even if the tenant moves or loses his/her
job.
- Tenants may sublet or get the landlord's agreement to break
the lease.
IF MY NAME IS THE ONLY ONE ON THE LEASE,
MAY I SHARE THE APARTMENT WITH ANYONE OTHER THAN MY IMMEDIATE FAMILY?
Yes. You may share the apartment with:
- One additional occupant
- That occupant's dependent children
WHEN MORE THAN ONE TENANT IS NAMED ON THE
LEASE, WITH WHOM CAN THEY SHARE THE APARTMENT?
- The tenant can share the apartment with immediate families.
- If one tenant moves out, another occupant may move in with his/her
dependent children
- The tenant must give the new name to the landlord within 30
days
Of when the occupant moves in or
Of when the landlord requests it.
- At least one tenant named on the lease or his/her spouse must
occupy the apartment as a primary residence.
- If the tenant moves out, so that no name on the lease is living
in the apartment, the remaining occupant cannot stay unless the
landlord agrees.
- The landlord may limit the number of people in the apartment
to comply with legal overcrowding standards (Real Property Law
235).
HOW MUCH NOTICE MUST I GIVE TO MOVE OUT OF MY APARTMENT IF I DON'T
HAVE A LEASE?
A tenant must give one month's notice before moving out.
If a tenant gives shorter notice, he/she will have to pay the next
month's rent.
For example, to move out by July 1, the tenant must notify the landlord
by May 31.
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SHOULD I ALWAYS GET A RENT RECEIPT?
Rent receipts must
- Always be provided when paying with anything other than a personal
check.
- Include payment date, amount, rental period paid for, apartment
number, signature of person receiving the money and his/her title
(Real Property Law 235-e).
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CAN LANDLORDS RENT ONLY TO SMALLER FAMILIES
AND NOT LARGER ONES?
- Reasonable occupancy standards are legal if they are universally
applied. For instance, if a landlord decided to rent to families
with no more than 5 people, the landlord:
- Could ask the number of people in the household but not the
number of children.
- Could not raise the rent if the household has four people and
a fifth one joins.
- Could not determine in which rooms people could sleep regardless
of age and/or sex of family members.
IF MY NAME IS THE ONLY ONE ON THE LEASE,
MAY I SHARE THE APARTMENT WITH ANYONE OTHER THAN MY IMMEDIATE FAMILY?
- Yes. You may share the apartment with
- One additional occupant
- That occupant's dependent children
WHEN MORE THAN ONE TENANT IS NAMED ON THE LEASE, WITH WHOM CAN THEY
SHARE THE APARTMENT?
- The tenants can share the apartment with immediate families
- If one tenant moves out, another occupant may move in with his/her
dependent children.
- The tenant must give the new name to the landlord within 30
days
Of the occupant moving in
Of the landlord requesting it
- At least one tenant named on the lease or his/her spouse must
occupy the apartment as a primary residence.
- If tenant moves out, so that no name on the lease is living
in the apartment, the remaining occupant cannot stay unless the
landlord agrees.
- The landlord may limit the number of people in the apartment
to comply with legal overcrowding standards. (Real Property Law
235)
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WHAT IS PUBLICLY ASSISTED HOUSING?
- Section 8 Rental Assistance Program, Department of Housing and
Urban Development (HUD), United States Government:
Pays partial rent for low income families
Gives preference to families:
Displaced through
no fault of their own
Living in substandard
housing
Paying over 50%
of their income for rent and utilities
- Federally Assisted Public Housing Programs for low income persons:
The wait for an apartment may be long and
depends upon apartment location and family need and size.
The leases may differ from NYS law.
WHAT DOES A LANDLORD WHO ACCEPTS SECTION 8 TENANTS HAVE TO DO?
- Have the rental building in compliance with federal standards
- Accept federal rules regarding rental prices, security deposits,
rent increases, etc.
WHERE DO I APPLY FOR SECTION 8 OR LOW INCOME HOUSING DEVELOPMENTS?
- Syracuse Housing Authority (475-6181) 516 Burt Street, Syracuse,
NY 13202, for people renting in Syracuse.
- Section 8 Office (475-6181) Syracuse Housing Authority, 300
Burt Street, Syracuse, NY 13202, for Syracuse residents.
- North Syracuse Housing Authority (458-7077) 201 South Main Street,
North Syracuse, for renters in North Syracuse.
- Christopher Community (424-1822) 1654 West Onondaga Street,
Syracuse, for people renting in all other parts of Onondaga County.
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WHAT ARE MY PRIVACY RIGHTS AS A TENANT?
- Tenants have a right to privacy in their apartments.
- The landlord may enter the tenant's apartment at a reasonable
time and with prior notice in order to
Make repairs
Show the apartment to prospective renters
and buyers
Do other activities mentioned in the lease
- In emergencies the landlord may enter the tenant's apartment
without the tenant's consent (example: fire, burst pipes)
CAN I CHANGE LOCKS OR PUT A CHAIN ON MY APARTMENT DOOR?
- A tenant can put a chain on the door.
- Tenants of multiple dwelling complexes can install their own
locks
With the landlord's permission
The landlord is entitled to a key (Multiple
Dwelling Law 51-C)
DO I HAVE TO LIVE IN A DUMP?
- Tenants have the right to a liveable, safe, sanitary apartment
(Real Property Law 235-b).
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CAN THE LANDLORD RAISE MY RENT AT ANY TIME?
I DON'T HAVE A LEASE.
- The landlord cannot raise rent without the tenant's agreement.
If the tenant disagrees, the landlord can ask the tenant to leave
giving the tenant one month's notice.
WHAT IF SOMEONE ELSE JOINS MY HOUSEHOLD?
- If the landlord decides to rent to families with no more than
5 people, for instance, and the household with only four people
adds another person, the landlord could not raise the rent.
CAN THE LANDLORD RAISE THE RENT EVEN THOUGH I HAVE A LEASE?
- The rent cannot be raised during the time period of the lease
unless the lease says otherwise.
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WHAT SHOULD I DO IF THE APARTMENT NEEDS REPAIRS?
- If the apartment needs repairs
Tell the landlord
Ask by what date the repairs will
be completed
- In emergencies, tenants can:
Make necessary repairs
Deduct reasonable repair costs from
rent
Keep all receipts to verify expenses
WHAT ELSE CAN I DO IF THE LANDLORD DOESN'T MAKE REPAIRS?
- Housing inspectors are the legal enforcers of housing codes,
which are the legal standards for decent, safe housing.
- Phone the housing inspectors when your landlord has not made
repairs in a timely fashion.
- To make an appointment to have your apartment inspected:
In Syracuse, phone 448-8695
Outside Syracuse in the blue pages
in the phone book
Look under your town or village for
a building inspector or
Call the Town Clerk for the right
phone number
- After the inspection, ask for a copy of the report
- A copy of the City of Syracuse Housing Code is available at
201 East Washington Street
- Landlords may not harass or penalize tenants for making good
faith complaints to a government agency (Real Property Law 223-b).
MAY I WITHHOLD MY RENT IF THE LANDLORD
ISN'T MAKING REPAIRS?
- Withholding rent
- May force your landlord to make repairs
- May cause your landlord to evict you for non-payment of rent
- May result in your countersuing your landlord for "Breach
of warranty of habitability," that is, for breaking a guarantee
of providing a liveable, safe, sanitary apartment .
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DURING WHICH MONTHS DOES A LANDLORD HAVE TO
PROVIDE HEAT?
- In New York State from October 1 to May 31
- Heat must be at least 68 F
From 6 a.m. to 10 p.m.
If the outdoor temperature is below 55 F
(Multiple Dwelling Law 79).
- In Syracuse heat must be at least 70 F and must be provided
Between September 15 to June 15
- When the outdoor temperature is below 55 F (Syracuse Housing
Code 27-44 (a) (2)). Phone your village or town government for
other local heat standards.
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CAN WE FORM A TENANTS' ORGANIZATION?
- Tenants have a right to organize.
- Tenants can meet in common areas like halls and lobbies.
- Landlords may not harass or penalize tenants who organize (Real
Property Law 230 and 223).
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- Yes, but only with a court order served by the city marshal,
sheriff or constable. Otherwise, phone the police.
- Once court papers ordering you to vacate have been served, your
landlord can:
Remove your possessions
Lock you out of your apartment
Turn off your utilities
WHAT HAPPENS WHEN A LANDLORD EVICTS A TENANT?
- To evict a tenant the landlord must sue the tenant in court
and win.
- The tenant must be notified in writing of the date, time and
place of the court case.
- If the tenant doesn't appear in court, the tenant will probably
lose the case.
- The tenant should take to court any proof or witnesses to verify
the tenant's side of the conflict.
- Only a sheriff, marshal or constable can evict a tenant and
only with a court order (RPAPL 749).
HOW LONG DO I HAVE TO MOVE OUT OF THE APARTMENT
IF I LOSE MY EVICTION CASE?
- The time between the court date and being evicted
- Is at least 72 hours
- May be longer if you tell the judge why you can't be out in
72 hours
- Cannot be changed once the city marshal, sheriff or constable
is at your door unless the landlord agrees to extend the time
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MAY I SUBLET MY APARTMENT?
- You may sublet if you live in a building with 4 or more apartments
if you get your landlord's permission in advance:
- The original tenant is still responsible for the rent and apartment.
- If the landlord denies letting you sublet on reasonable grounds:
You may not sublet
A court must decide if the grounds
are reasonable.
- For subletting procedures, phone the NYS Attorney General's
office (315) 448-4848. Ask for the booklet, "Residential
Landlord and Tenant Guide."
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WHERE CAN I GO FOR HELP WITH HOUSING PROBLEMS?
- Onondaga County/Syracuse Commission on Human Rights , (315)
435-3567
- Frank A. Hiscock Legal Aid Society , (315) 422-8191
All landlord/tenant complaints and evictions
(not discrimination) if:
Renting in the city and
Renting from a private landlord not
subsidized by the government
- Legal Services of Central New York , Inc., (315) 475-3127
All landlord/tenant complaints including
evictions if:
Renting in Onondaga
County outside city limits
Living in governmental
subsidized housing
- Fair Housing Council , (315) 471-0518
Discrimination complaints including testing
- NYS Attorney General's Office , (315) 448-4848
Discrimination against tenants with children
- Urban League of Onondaga County, Inc. , (315) 472-6955
- Association for Better Living , (315) 498-4249
- NYS Division of Human Rights , (315) 428-4633
Legal enforcement of the NYS Human Rights
Law
- U.S. Dept. of Housing and Urban Development (HUD) , 1-800-424-8590
TDD phone for hearing impaired, 1-800-543-8294
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- WHERE CAN I READ MORE ON TENANTS' RIGHTS?
"Tenant's Rights: A Handbook for Syracuse Tenants"
Hiscock Legal Aid Society (315) 422-8191;
NEHDA (315) 425-1032;
Urban League (315) 472-6955;
SUN (315) 476-7475;
Spanish Action League (315) 475-6153;
Legal Services of CNY (315) 475-3127
and other locations
- "Residential Landlord and Tenant Guide" (27 pp.) and
"Mobile Home Tenants' Handbook," (21 pp.)
NYS Attorney General (315) 448-4848,
615 Erie Blvd. West, Syracuse, NY 13202
- "Fair Housing: It's Your Right,"
U.S. Department of Housing and Urban
Development, Office of Fair Housing and Equal Opportunity, 1-800-669-9777
- "City of Syracuse Housing Code," (39 pp.)
(315) 448-8695, 201 E. Washington
Street, 3rd Floor, Syracuse, NY 13202.
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