Tenant Rights Responsibilities
Tenant Rights&Responsibilities75 College Ave4th FloorRochester, NY 14607
INTRODUCTIONThe purpose of this booklet is to inform tenants of their rights and responsibilities when they enter arental agreement with a landlord. The rights the responsibilities covered are based on state and federal lawsas well as state and local codes.It is advantageous for all tenants to gain an understanding of their rights and responsibilities. This willhelp prevent disputes and misunderstandings with a landlord, as well as give tenants direction on how tosolve problems and enforce their rights. Landlords and tenants should reach a mutual understanding of theirvarious rights and responsibilities. With any type of problem or dispute, the first step should be directcommunication between the landlord and tenant. Keeping the lines of communication open will preventmany problems from occurring.The Housing Council staff is available to answer questions you may have concerning tenant-landlordissues and problems. Our hotline is open for calls weekdays from Monday thru Friday, 10:00 a.m. to 2:00p.m. The hotline does not settle disputes. Emphasis is on individual counseling, stressing problem-solvingtechniques. Hotline counselors are not attorneys and do not give legal advice. Certain problems or questionsmay require consulting with an attorney.Special Note: The information discussed generally applies to all rental housing, however, governmentsubsidized complexes have special regulations. Tenants who live in these complexes have additional rightsnot covered in this booklet. The Housing Council provides brochures on tenants’ rights in subsidizedhousing. Call our office at (585) 546-3700 for copies.LEASES AND RENTAL AGREEMENTSA rental agreement with a landlord is a contract. It can be written or verbal. A written contract isreferred to as a lease. A verbal contract is either a month-to-month or week-to-week tenancy. All are legallybinding to both parties.The LeaseA lease is a contract for a term. That is, a set period of time, for example, one year. It will have abeginning and an ending date usually stated in the first paragraph. The amount of rent is also usually stated inthe first paragraph. Unless the lease has an “escalator clause” giving the landlord the right to raise the rentduring the term, the amount of rent listed will be the rent for the term of the lease.If you are going to rent an apartment with a lease, be sure that you can live there for the amount of timethat the lease requires. If you break a lease, you can be sued in court for breach of contract.Before signing a lease read it carefully. If you do not understand parts of it, ask the landlord to review itwith you. The Housing Council hotline staff can also review a lease with you.Be sure to obtain a copy of the lease. If you sign a lease but do not have a copy, it is still a contract andyou are bound by the terms. When you sign a lease with a landlord, make sure that two copies are present andthat you witness each other’s signatures on both copies.Leases are regulated by law. New York State’s Plain Language Law requires landlords to use wordingthat is simple and understandable. The intent of any lease clause must be easily understood in the wording. TheLaw also defines certain lease clauses as illegal; waiver of a landlords duties to make normal repairs, waiver ofa tenant’s right to privacy or a court eviction, waiver of tenant’s right to sublet, restrictions on child-bearing oracquiring, etc. The Court can nullify lease clauses that are illegal, although this would not necessarily nullifythe entire lease. Any additions or deletions to a lease once it is signed by both parties and in effect must bemutually agreed upon by both parties, otherwise such changes cannot be made.2
Subletting and Breaking a Lease:If you have to move out of an apartment before your lease expires, one way to limit your liability is tosublet the apartment. If you live in a building, which has four or more residential rental units, New York Statelaw gives you the right to sublet. In a building with less than four units a landlord does not have to allow asublet.Subletting an apartment means that you find someone to take your place. Landlords have a right toscreen any family or individual you propose as they would any other applicant. If the family or individual isacceptable, then the sublet can be completed. You still remain liable under the lease, as does the “subtenant”who is taking your place.If you are considering subletting an apartment and need to advertise for a subtenant, The HousingCouncil’s Rental Registry can advertise the apartment for you. Please call for information.An alternative to subletting is a lease assignment. Under a lease assignment you find someone to takeyour place. If that party is acceptable to the landlord, you can request that the lease be assigned to them and thatyou be released from all liability under the contract. However, the landlord does not have a legal obligation togrant you a lease assignment. You can be held to subletting.Special Note: Subletting an apartment is illegal in all government-subsidized complexes.Another way to get out of a lease is a buyout. You can offer to forfeit your security deposit if thelandlord will give you a written release from the contract. However, the landlord may ask for a larger buyoutthan just the deposit.Always read a lease carefully and see if it says anything about early termination. It may have clauses,which set conditions for ending it early (such as forfeiting the security deposit, relocating due to a job transfer,or giving notice, such as sixty days). If you meet certain conditions and the landlord is willing to let you out ofthe lease, make sure to get a written statement from the landlord stating that you are released from the contract.If your lease sets no conditions for early termination then it is strictly a negotiable issue (whatever canbe worked out with the landlord). If you break a lease without the landlord’s consent the landlord could sue youin Small Claims Court for losses, lost rent during the time you move out and a new tenant moves in, advertisingcosts to find a new tenant etc. If a landlord is not willing to negotiate and let you out of a lease, you may wantto consider subletting.The only direct way out of a lease would be if there were severe code violations in your apartment. Atthis point, you would need to consult an attorney as to if your lease is valid and show proof of severe repairproblems. (See section on Repairs and Maintenance for more information).Senior Citizen Termination of Leases:Under New York State Real Property Law 227-a, senior citizens 62 and older can terminate a lease ifthey are accepted into: 1) an adult care facility; 2) a residential health care facility; 3) subsidized low incomehousing; 4) other senior housing; 5) move into the residence of a relative or family member if certified by aphysician as no longer able to live independently.A senior tenant must give a thirty (30) day written notice corresponding to a rent due date, of theirintention to terminate. The notice must be accompanied by documentation of acceptance into one of the abovementioned facilities.A senior citizen moving into a family’s residence, in addition to providing a doctor’s note, must alsoprovide the landlord with a notarized letter from the family member that he/she is related and will be movinginto their residence for at least six (6) months.3
Military Termination of a Lease:If a tenant is on active duty with the military is transferred out of the area, they may terminate a privatemarket lease with a sixty (60) day notice corresponding to the rent due date.Lease Renewal and Non-Renewal:A landlord is under no legal obligation to renew a private market lease. The only exceptions to this aresituations involving retaliation and discrimination (see sections on Repairs & Maintenance and Discriminationfor detailed information). Otherwise, a landlord can refuse to renew a lease and not give a reason.A landlord and tenant are required to give notice of renewal or non-renewal as specified in the lease.The law of giving a one-month’s notice applies to a “no lease” tenancy only. Always read a lease carefully tofind the notice clause. Usually it will either be a one or two-month’s notice corresponding to the day the leaseends.Month-to-Month Tenancy Termination or Changes to Verbal Agreements:A “no lease” tenancy is sometimes referred to as an oral, verbal, or periodic agreement. It is often amonth-to-month or week-to-week rental agreement. (It will almost always be a month-to-month arrangement.)A month-to-month tenancy is based on proper notice. With proper notice, either the landlord or tenantcan end the agreement. Under New York State Real Property Law 232-b, proper notice is a one-month notice,corresponding to the rent due date. For example if the first of the month is the rent due date, notice to end theagreement can be given before September 1st, effective October 1st, by either the landlord or tenant. No reasonfor terminating the agreement needs to be given.Proper notice must also be given if a landlord wants to raise the rent or alter certain terms of theagreement. There are no rent control laws in this part of New York State, however all rent increases require theproper notice described above.Other Written Agreements:A month-to-month tenancy can be in writing. A landlord can have a list of provisions that both partiessign. Also, there can be a month-to-month lease (a document which is similar to a long-term lease but has aclause in it allowing for termination with a one-month notice).Special Note: Federal, state and local codes apply to all rental agreements written or verbal.A Final Word on Rental Agreements:All rental agreements, written or verbal, are binding once entered by a tenant and landlord. There is nograce period to withdraw. If you agree to rent an apartment and change your mind, the landlord can hold youliable for their losses, which can include losing a security deposit. Before entering into a rental agreement makesure you can be committed to the time specified in such agreement.REPAIRS AND MAINTENANCEUnder New York State Real Property Law 235-b, landlords have a duty to make all repairs that are not aresult of damage or negligence by tenants, their family members or their guests. Landlords are required to keeprental units free of life, health and safety hazards (Warranty of Habitability).4
This law is enforced through state and local property codes. If you live in an apartment that has repair needswe suggest taking the following steps:1. Always put your request for repairs in writing to the landlord. Sign and date the letter and make aphotocopy for your records.2. If your landlord does not make the repairs you quested in what you consider to be a reasonable amount oftime you have a right to call a building inspector. For property located in the City of Rochester, the numberis (585) 428-6520. They will give you the number for the NET Office closes to your rental.3. A building inspector will look at the problems and note code violations. The landlord will be sent a “Noticeand Order” which will list the code violations and a time frame for repair.4. If you are on public assistance be sure to let the inspector know. The Department of Human and HealthServices (DHHS) will be notified of the repair problems. In cases where the code violations are serious(life, health or safety hazards), if your rent is paid by voucher, DHHS may withhold the rent from thelandlord until such repairs are made.5. If you are not on public assistance the rent should never be withheld unless you have been advised by anattorney to do so. Any legal advice to withhold rent would have to be based on severe code violations.Special Note: State law protects tenants from retaliation by a landlord for exercising their right to contact abuilding inspector, health inspector or any government code enforcement officer. A landlord may not serve anotice to move on a tenant or commence an eviction proceeding within six months of the date of an inspector’sreport of code violations. It is also illegal for a landlord to substantially alter the terms of a tenancy inretaliation, including raising the rent with the intention to retaliate. Tenants, however, must continue to pay rentunless legally advised to withhold it and abide by the terms of the rental agreement. The law protecting tenantsfrom retaliation also applies to situations where tenant started or joined tenants’ union or organization.If you feel that you have been retaliated against for exercising the above-mentioned rights, call TheHousing Council hotline at 546-3700.Constructive Eviction:If severe code violations exist such as serious heating, plumbing or electrical problems, severe fire orhealth hazards or lack of basic services in the dwelling, a tenant can terminate their rental agreement even ifthere is a written lease. This is sometimes referred to as “constructive eviction”. This step should never bytaken without first getting legal advice from an attorney and having documented proof of serious codeviolations (a building inspector’s Notice and Order).Repair and Deduct:With this remedy, tenants who have repeatedly asked for repairs in writing over a long period of timetake steps to have the repairs made. Receipts of the exact cost of repairs are saved and this cost is deductedfrom the rent. If you decide to “repair and deduct” it is wise to inform your landlord before doing so. Just aword of caution, there is no “repair and deduct” law in New York State. Your right to make repairs and deductthe cost from rent is not guaranteed by law. Therefore, you need to show that you made repeated writtenrequests to the landlord for repairs and also had a building inspector cite code violations, which did not result inthe repairs being made.If you repair and deduct, you take the risk of a landlord suing for the rent deducted or taking it out ofyour security deposit when you move. If your actions result in a court dispute, the court would then decide ifyour action was justified. Before trying this approach it is advisable to consult with an attorney.5
Rent Withholding:When severe code violations exist (life, health and safety hazards), an attorney may advise a tenant towithhold rent. Proof of severe code violations can be used as a defense in an eviction proceeding overnonpayment of rent. A judge will then decide whether to uphold rent withholding. If upheld, a landlord couldbe ordered by the court to make repairs as a condition for getting the rent. In addition, a judge can require thatthe tenant deposit the rent with the court. The court can release these monies to pay for necessary repairs, orrelease them when the repairs are completed. Burden of proof is on the landlord to show that the repairs havebeen made.Social Services Law 143-b allows the Department of Human and Health Services (DHHS) to withholdrent for welfare recipients when severe code violations exist. Such tenants are protected from an evictionproceeding for nonpayment of rent. Landlords must correct the code violations in order for DHHS to releasethe rent monies.Special Note: For all tenants who are not receiving public assistance, rent withholding should only be donewith advice from a lawyer.Rent Abatement:Tenants can seek a reduced rent when portions of their dwelling are unusable due to lack of basic serviceor when serious life, health and safety hazards exist. When full rent has already been paid, a tenant can take alandlord to Small Claims Court or arbitration to seek a lowering of the rent. In an eviction proceeding fornonpayment of rent a judge can order a reduced rent fore the period of the time that severe code violations exist.There is no set formula for reducing the rent. It can range from 0% to 99% of the monthly rent. Factorsa court may use in determining the reduced rent are 1) the severity of the repair problems and conditions, 2) thelength of time the conditions have existed and 3) the amount of effort the landlord made to correct the defects.Tenants must supply documented proof of the problems in any court proceeding.Repairs and Appliances:Landlords can rent an apartment without appliances (stove and refrigerator) provided that they make itclear to the tenants applying for the apartment that they will have to furnish their own.If landlords supply appliances they have a duty to keep them in good working order. However, anappliance in disrepair cannot be cited as a code violation by a building inspector. It is not a code requirementthat appliances be supplied in a rental agreement.To protect yourself from appliance repair problems you should:1. Inspect them carefully when you first look at an apartment to make sure they are in workingcondition.2. When you rent an apartment, speak to the landlord about what steps will be taken if there is anappliance repair problem. Always try to get the landlord to give you a written statement that theappliances will be supplied and maintained whether you have a written lease or not.Submit requests for repairs in writing. Make repeated written requests if necessary. Take commonsense steps to make sure food does not spoil if your refrigerator is in disrepair. Offer to arrange for therepair or to check on getting a used appliance that works if the landlord will pay for the repair orreplacement.3.6
4. If efforts to get the landlord to make repairs fail over a long period of time, you can consider takingthe “repair and deduct” steps discussed in the previous section. However, remember that there are somerisks involved. A less risky step would be to pay for the repairs, save a receipt and negotiate with thelandlord to reimburse you for the cost. If the landlord refuses to negotiate you could then pursue thematter in Small Claims Court.PROVISION OF UTILITIES:The warranty of Habitability (NYS Real Property Law 235-b) requires landlords to maintain all utilitysystems (heating, plumbing, electrical) up to code and in good and safe working order. This applies regardlessof who pays the utility bills. For repair problems with utilities follow the steps discussed in the previoussection.It is a criminal offense for a landlord to shut off a tenant’s utility service (Real Property Law 235).Sometimes this is done to force a tenant to move. If this happens, contact the local police immediately. Thepolice can get the utilities back on for you. If a landlord refuses a police order to turn them back on the landlordcan be arrested.Provision of heat for all of Monroe County and the City of Rochester is subject to the PropertyMaintenance Code of New York State.Heating Code for the City of Rochester & All of Monroe County:Maintenance Code #602.3 states, “Every owner and operator of any building who rents, leases or letsone or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, tofurnish heat to the occupants thereof shall supply heat during the period from September 15th to May 31st tomaintain a temperature of not less than 68 degrees in all habitable rooms, bathrooms, and toilet rooms.”Violations of this code can be reported to the City Bureau of Buildings and Property Conservation, (585) 4286520. Heat stoppages during the evening or on weekends can be reported to the City Fire Department (585)528-2222.Utility Bill Problems and Assistance:If you are having problems paying a utility bill, the first step is to contact the utility company. In theRochester area that is generally the RG&E Consumer Relations Department (585) 546-2700. State Lawrequires that a utility company offer you a Deferred Payment Agreement (DPA). This has to be based on yourability to pay and will allow you to pay your outstanding bill over a period of time. No large downpayment isrequired. DO NOT WAIT UNTIL YOU GET A SHUT-OFF NOTICE TO DEAL WITH A PAYMENTPROBLEM.Listed below a
The rights the responsibilities covered are based on state and federal laws as well as state and local codes. It is advantageous for all tenants to gain an understanding of their rights and responsibilities. This will help prevent disputes and misunderstandings with a landlord, as well as give tenants direction on how to
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