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| Introduction | |
| How to Choose Good Tenants and Avoid Discrimination Complaints | |
| Avoiding Fair Housing Complaints and Lawsuits | p. 3 |
| Legal Reasons for Rejecting a Rental Applicant | p. 4 |
| Fair Housing Laws Define Illegal Grounds for Rejecting Tenants | p. 8 |
| Penalties for Housing Discrimination | p. 17 |
| Advertising Your Rental Property | p. 19 |
| Renting Property That's Still Occupied | p. 21 |
| Dealing With Prospective Tenants | p. 22 |
| Checking References, Credit History and More | p. 28 |
| Choosing--And Rejecting--An Applicant | p. 34 |
| Commissions and Finder's Fees | p. 36 |
| Holding Deposits | p. 37 |
| Preparing Leases and Rental Agreements | |
| Which Is Better, a Lease or a Rental Agreement? | p. 2 |
| Using the Lease Forms in This Book | p. 4 |
| Completing the Lease or Rental Agreement Form | p. 5 |
| Signing a Lease or Rental Agreement | p. 28 |
| New York City Window Guard Rider | p. 29 |
| New York State ("ETPA") Rent-Stabilized Rent Notice | p. 29 |
| Lease Forms and Riders for New York City Rent-Stabilized Units | p. 31 |
| About Guarantors | p. 36 |
| How to Prepare a Renewal Lease for Rent-Stabilized Tenants | p. 38 |
| Basic Rent Rules | |
| How Much Can You Charge? | p. 2 |
| When Rent Is Due | p. 3 |
| Where and How Rent Is Due | p. 5 |
| Rent Receipts | p. 7 |
| Late Charges and Discounts for Early Payments | p. 8 |
| Returned Check Charges | p. 9 |
| Partial or Delayed Rent Payments | p. 10 |
| Raising the Rent | p. 12 |
| Rent Regulation | |
| Rent Stabilization | p. 7 |
| Rent Control | p. 16 |
| "Individual Apartment Improvement" Rent Increases | p. 24 |
| Major Capital Improvement ("MCI") Rent Increases | p. 26 |
| Senior Citizen Rent Increase Exemption (SCRIE) | p. 32 |
| "High-Rent/High Income" Deregulation | p. 33 |
| How to Deal with a Rent-Stabilized Tenant's Rent Overcharge Complaint | p. 34 |
| Security Deposits | |
| What's A Security Deposit? | p. 2 |
| Last Month's Rent | p. 2 |
| Dollar Limits on Deposits | p. 3 |
| Dollar Limits on Deposits for Rent-Regulated Units | p. 4 |
| Where to Put the Money | p. 4 |
| When the Deposit Must Bear Interest | p. 5 |
| When Interest Must Be Paid | p. 6 |
| Changing the Security Deposit Arrangement | p. 6 |
| Handling Deposits When You Buy or Sell Rental Property | p. 6 |
| Hiring Supers, Resident Managers and Management Companies | |
| Legal Reasons for Hiring a Super or Manager | p. 3 |
| Hiring Your Own Super or Manager | p. 3 |
| How to Prepare a Building Superintendent/Property Manager Agreement | p. 11 |
| Your Legal Obligations as an Employer | p. 17 |
| Management Companies | p. 21 |
| Your Liability for a Super or Manager's Acts | p. 22 |
| Notifying Tenants of the Super or Manager | p. 24 |
| Municipal Registration Requirements | p. 25 |
| Firing a Super or Manager | p. 26 |
| Evicting a Manager | p. 29 |
| Getting the Tenant Moved In | |
| Inspect the Rental Unit | p. 2 |
| Photograph the Rental Unit | p. 7 |
| Send New Tenants a Move-In Letter | p. 8 |
| Cash Rent and Security Deposit Checks | p. 11 |
| Organize Your Tenant Records | p. 12 |
| Apartment Sharing, Subletting and Assignments | |
| Dealing with Co-Tenants | p. 3 |
| Subtenants and Other Occupants | p. 7 |
| Additional Occupants and the "Roommate Law" | p. 10 |
| Sublets and the "Sublet Law" | p. 17 |
| When a Tenant Wants to Assign the Lease | p. 26 |
| Landlord's Duty to Repair and Maintain the Premises | |
| Landlord's Legal Responsibility for Repairs and Maintenance | p. 3 |
| How to Meet Your Repair and Maintenance Responsibilities | p. 11 |
| Tenant Repair and Maintenance Obligations | p. 25 |
| Tenant Responses to Unfit Premises: Paying Less Rent | p. 26 |
| Tenant Responses: Calling Inspectors, Filing Lawsuits and Moving Out | p. 31 |
| Avoiding Problems by Adopting a Good Maintenance and Repair System | p. 35 |
| Landlord's Regular Safety and Maintenance Inspections | p. 40 |
| Landlord's Right of Entry and Tenant's Right to Privacy | |
| General Rules of Entry | p. 3 |
| New York City Tenants Must Permit Entry for Repairs and Inspections | p. 3 |
| Rent-Regulated Tenants Must Give Access For Repairs, Improvements, Inspections and Showings | p. 4 |
| The Best Approach to Giving "Reasonable" Notice | p. 5 |
| Entry in Case of Emergency | p. 5 |
| Entry to Make Repairs | p. 6 |
| Entry to Inspect Unit | p. 9 |
| Entry During Tenant's Extended Absence | p. 9 |
| Entry to Show Property to Prospective Tenants, Buyers or Lenders | p. 9 |
| Entry by Others | p. 11 |
| Other Types of Invasions of Privacy | p. 12 |
| What to Do When Tenants Unreasonably Deny Entry | p. 14 |
| Tenants' Remedies If a Landlord Acts Illegally | p. 15 |
| Dealing with Environmental Hazards | |
| Lead | p. 2 |
| Asbestos | p. 11 |
| Refrigerants | p. 16 |
| Radon | p. 17 |
| Collecting Overdue Rent | |
| What's A "Rent Demand"? | p. 2 |
| Written Rent Demands: The "Three-Day Notice" | p. 3 |
| How to Fill Out a Rent Demand Notice | p. 4 |
| How to Deliver A Rent Demand Notice | p. 8 |
| Proof of Service | p. 12 |
| Oral Rent Demands | p. 17 |
| Calculating the Tenant's Deadline to Pay or Leave | p. 18 |
| Accepting Rent After You Deliver a Rent Demand Notice | p. 19 |
| If the Tenant Won't Pay Rent (or Leave) | p. 20 |
| If the Tenant Is Chronically Late Paying Rent | p. 20 |
| Terminating Month-to-Month Tenancies | |
| How Month-to-Month Tenancies End | p. 4 |
| Terminating Month-to-Month Tenancies Within New York City | p. 4 |
| Terminating Month-to-Month Tenancies Outside New York City | p. 10 |
| How Much Notice the Tenant Must Give to End Tenancy | p. 13 |
| When No Notice Is Required to End Tenancy | p. 15 |
| Accepting Rent After a Termination Notice Is Given | p. 17 |
| Grounds for Terminating Fixed-Term and Rent-Regulated Tenancies | |
| Basic Termination Notices and Terms | p. 4 |
| Termination for Violation of Lease Term | p. 5 |
| Termination for "Immoral or Illegal Use or Occupancy" | p. 9 |
| Termination For Nuisance or Objectionable Conduct | p. 11 |
| Grounds For Removing Rent-Regulated Tenants | p. 13 |
| Tenant's Right of Termination | p. 20 |
| When a Tenant Volunteers to Leave | p. 21 |
| Succession Rights to Rent-Regulated Units | p. 22 |
| Retaliatory Evictions Prohibited | p. 25 |
| How to Prepare and Serve Notices Terminating Leases and Rent-Regulated Tenancies | |
| Termination Basics | p. 4 |
| Who May Sign Notices | p. 10 |
| Preparing a Notice to Cure | p. 10 |
| Preparing a Termination Notice | p. 15 |
| Notice of Non-Renewal for Rent-Stabilized Tenants | p. 20 |
| How To Deliver Notices | p. 24 |
| DHCR Filing Requirements for Rent-Regulated Tenancies | p. 25 |
| DHCR Certificates of Eviction | p. 26 |
| Returning Security Deposits and Other Move-Out Issues | |
| Preparing a Move-Out Letter | p. 2 |
| Inspecting the Unit When a Tenant Leaves | p. 5 |
| Applying the Security Deposit to the Last Month's Rent | p. 6 |
| Basic Rules for Returning Deposits | p. 7 |
| Deductions for Repairs and Cleaning | p. 8 |
| Deductions for Unpaid Rent | p. 10 |
| Preparing an Itemized Statement of Deductions | p. 14 |
| Mailing the Security Deposit Itemization | p. 18 |
| If a Tenant Files a Complaint or Sues You | p. 19 |
| If the Deposit Doesn't Cover Damage and Unpaid Rent | p. 24 |
| Lawyers and Legal Research | |
| Finding a Lawyer | p. 2 |
| Types of Fee Arrangements With Lawyers | p. 4 |
| Saving on Legal Fees | p. 5 |
| Resolving Problems With Your Lawyer | p. 7 |
| Attorney Fees in a Lawsuit | p. 9 |
| Doing Your Own Legal Research | p. 9 |
| Where to Find State, Local and Federal Laws | p. 9 |
| How to Research Court Decisions | p. 12 |
| Resources for New York Landlords | |
| Sample Lease Forms and Riders for NYC Rent-Stabilized Units | |
| How to Use the Forms CD | |
| Tear-Out Forms | |
| Index | |
| Table of Contents provided by Syndetics. All Rights Reserved. |
The New York Landlord's Law Book
by Hallenborg, Mary Ann; Stewart, Marcia; Portman, Janet; Stewart, Marcia; Portman, JanetEdition: CD
Format: Paperback
Pub. Date: 1999-11-01
Publisher(s): Nolo.Com
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