NYC Tenants Need A Bill Of Rights, City Comptroller Says

NEW YORK CITY — Before your landlord sells you a bill of goods, he should show you a bill of rights, the city's comptroller says.

Scott Stringer proposed Thursday a Tenant Bill of Rights he says would protect renters from “unscrupulous landlords” hoping to duck city law.

“Knowledge is power, and the rights and resources generations of activists fought for should be accessible, clear and mandatory for every single tenant,” said Stringer.

“We need to mandate that all tenants are empowered with a bill of rights.”

Stringer is calling on City Council to pass legislation requiring landlords to give tenants a list of 17 legal protections — which cover security deposits, discrimination, utilities, rent, evictions and repairs — at every lease signing.

"Lease signings are an opportunity to make sure that everyone’s rights are upheld," the comptroller said. "And we should be leveraging these critical meetings to hold landlords accountable.”

While it remains unclear if Mayor Bill de Blasio and Speaker Corey Johnson will support the proposal, numerous housing advocate organization have rallied behind it.

“Including a Tenant Bill of Rights with every new lease will go a long way towards creating transparency and dispelling confusions among tenants and landlords over their respective rights and responsibilities," said Ana Nunez Services Coordinator, Churches United for Fair Housing.

Legal Aid Society representative Judith Goldiner added, “It is crucially important for tenants to understand their rights so that they can enforce them."

Read the proposed Tenant Bill of Rights below:

Applications and Security Deposits

• It is illegal for you to be charged a fee for an apartment application beyond a $20 charge to cover the cost of background and credit checks.

• Security deposits must be limited to one month’s rent.

• You have the right to have your landlord join you in a “walk-through” inspection to determine the condition of the apartment prior to moving in and out and provide a written agreement documenting all damages even after the lease is signed.

• Your landlord has fourteen (14) days after you vacate your apartment to provide you with an itemized statement indicating the specific damages and amount of the deposit that they will deduct and the remaining portion of your deposit. If not done within those 14 days, your landlord must return the full deposit amount to you

Discrimination

• It is illegal for landlords to discriminate in the rental of housing based on actual or perceived race, creed, color, national origin, gender (including gender identity), disability, age, marital or familial status, the presence of children, lawful occupation, sexual orientation, immigration status or domestic violence status.

• You are protected against discrimination based on a lawful source of income: the landlord may not refuse to rent to you based on your intention to pay the rent using child support, social security, section 8 or another rent subsidy.

Heat and Hot Water

• Your landlord must provide you with both hot and cold water. From 6:00 a.m. to midnight, hot water must register at or above a constant temperature of 120 degrees at the tap, and 110 degrees for tubs or showers equipped with anti-scald valves.

• Your landlord has a duty to provide heat and maintain 68°F between October 1 and May 31 (between 6 a.m. and 10 p.m.) when outside temp is below 55°F, and between 10:00 p.m. and 6:00 a.m. when outside temp is below 40°F.

Habitability

• Your building must be kept in good repair, including clean hallways and public areas, new apartment paint every three years, and extermination services for any rats, mice, roaches, bedbugs, or vermin. Electrical, plumbing, heating and appliances must be kept in good working order. You are entitled to be free of nuisance or harassment by your landlord or other tenants.

• Your landlord has a duty to conduct repairs even if you have complained or taken legal action.

Rent

• You cannot be required to pay rent using an electronic billing or payment system.

• You have a 5-day grace period for late rent payment. Late fees are capped at $50 or 5% of the monthly rent, whichever is less.

• In the case of non-payment proceedings, you have ten (10) days to appear or file before a default can occur.

Eviction and Renewal

• Your landlord must seek a court warrant to evict you, and unlawful evictions and attempts to force you to vacate are civil and criminal offenses.

• If you are a victim of domestic violence, you may terminate your lease early if not doing so exposes you or your child to substantial risk of physical or emotional harm.

Tenants 62 and Older

• If you or your spouse are sixty-two (62) years old or older, you are entitled to terminate your lease if you are relocating to an adult care facility, a residential health care facility, subsidized low-income housing, or other senior citizen housing.