Tenant’s Right
1. Is my landlord obligated to supply heat to my apartment?
Yes, if heat is included in your rent, and if you live in a building occupied by more than two families, then your landlord is legally obliged from October 1 to May 1 to provide enough heat to keep the apartment at 68 degrees between the hours of 6 a.m. and 11 p.m. and 65 degrees at night under state law. Your city or borough may have additional heating laws.
2. What should I do if my landlord fails to supply heat?
You should first notify the landlord of the problem. If the landlord fails to take action, you should then call your local board of health. The board of health is empowered to authorize repairs when your landlord refuses to do so. Even if you get a shut-off notice, you may ask the utility company to keep your heat on between November 15 and March 15 if you get SSI, PAAD, HEAP, Lifeline Credit Program, or welfare or if you cannot pay your bills because of circumstances beyond your control, such as the recent death of your spouse, high medical bills, or unemployment.
3. Can I be evicted?
Under certain circumstances, a tenant may be evicted. Some of the more common grounds for eviction are the following:
- Failure to pay rent (no written notice to tenant required; action may be started immediately).
- Continued disorderly conduct after written notice to cease (legal action may be started three days after a second written notice).
- Destruction, damage or injury to premises willfully or through gross negligence (legal action may begin three days after written notice).
- Substantial violation of rules and regulations in lease (legal action may be started one month after the second written notice).
- Repeated late rent (legal action may be started one month after a second written notice).
- The landlord of a building with three apartments or less wants to personally move into your apartment or sell the building to a buyer who wants to live in your apartment and the contract for sale calls for your apartment to be vacant at the time of closing (legal action may be started after a second legal notice).
4. Should I give my landlord oral or written notice of problems?
It is best to first call your landlord and then send a letter confirming the details of your conversation. Retain a copy of the letter for yourself so that, if necessary, you will later have proof of notice having been given.
5. What if my apartment building is being converted to a condominium or co-op?
The Senior Citizen and Disabled Protected Tenancy Act of 1981 as amended protects senior citizens and the disabled from eviction because of a conversion of property to condominiums or co-ops when the household income is no higher than three times the per capita income in the county in which they live or $50,000, whichever is greater; and when the individual is more than 62 years old or is the surviving spouse of a senior citizen who has used the unit as a principal residence for one year and who is at least 50 years of age. The protection is good for a period of 40 years. The law also protects a disabled person who is totally and permanently unable to work because of a physical or mental impairment or blindness when that person also meets the income standards and has lived in the building for at least one year.
6. Am I required to pay my landlord a security deposit?
Landlords are entitled to require payment of a security deposit. The amount of that deposit may not exceed 11.2 months rent. (If you are on Section 8, the landlord may not collect more security than your share of the rent, or $50, whichever is more.) In addition, the deposit must be kept in an interest-bearing account and the tenant is entitled to the interest annually or on the anniversary of the lease. Within 30 days of receipt of the deposit, written notice must be provided to you by the landlord identifying the bank where the deposit is being held. If such notice is not provided, you may apply the deposit against your rent and the landlord is not permitted to require that further security be posted.
When you terminate your tenancy at the end of the lease period, your landlord must refund the security deposit to you with interest within 30 days. Any deductions from the deposit must be itemized. Deductions are permitted only for damage to the apartment beyond ordinary wear and tear. If the landlord fails to comply with those obligations, he or she may be liable to double damages, court costs and attorney fees.
7. Is the landlord obligated to make repairs to my apartment?
Yes. If the repairs are required to maintain vital facilities in the apartment and the damage results from ordinary wear and tear, the landlord is obligated to make the repairs.
8. What if the landlord refuses to make necessary repairs?
You should notify the landlord of the need for repairs and allow him or her reasonable time to act upon your request. If the landlord refuses to make the necessary replacement or repair, you may have the repairs made yourself and deduct the cost from your rent, or you may temporarily set aside the rent. If you choose to authorize the repairs yourself or set aside the rent, you should first consult an attorney to be sure the repairs are serious enough to stand up in court.
