Best Landlord & Tenant Lawyers in New York City
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List of the best lawyers in New York City, United States
United States Landlord & Tenant Legal Questions answered by Lawyers
Browse our 2 legal questions about Landlord & Tenant in United States and the lawyer answers, or ask your own questions for free.
- What is owner of condo units obligation as far as damage to the condo below their unit.
- The unit above my condo is managed by a Property Management company, and it was rented. During the time it was rented, there were water leaks that damaged my ceilings, and the Management Company. refuses to fix the ceiling so that it matches the rest of the ceiling. Even though... Read more →
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Lawyer answer by Horus Legal Sulotion
Thank you for sharing the details of your situation. Based on the circumstances you described, you may have grounds to escalate the matter legally. You can file a case to request the appointment of a government engineer from Dubai Municipality...
Read full answer - How to protect property from squatters law
- Deed in my mom's name. She died 18 years ago. Son is named as administrator but not as owner. We live in USA so let Non relative live there for 45-50 year but had no formal contract. Let him live there free as long as he paid utilities and taxes.... Read more →
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Lawyer answer by M BILAL ADVOCATES, CORPORATE & TAX CONSULTANTS
After completing probate to establish yourself as the legal heir, you can transfer the property title to your name and then grant them permission to reside there through a formal agreement. It is worthy to note that you can do...
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1. About Landlord & Tenant Law in New York City, United States
Landlord and tenant law in New York City covers leases, evictions, security deposits, habitability, and rent regulation. The framework blends federal, state, and city rules, which can create complex situations for residents and property owners. Understanding how these rules interact helps both sides protect their rights in common NYC housing scenarios.
In NYC, a significant factor is the large stock of rent-stabilized and rent-regulated units, which adds layers of protections and obligations beyond typical leases. Tenants and landlords alike must navigate notice requirements, service rules, and local enforcement mechanisms. An informed approach reduces disputes and supports fair outcomes in disputes or proceedings.
2. Why You May Need a Lawyer
In New York City, certain landlord-tenant disputes are best handled with professional legal counsel. An attorney or solicitor with NYC experience can evaluate your case, gather evidence, and navigate court or agency procedures.
Eviction proceedings or holdover actions in NYC Housing Court or Supreme Court. If you receive a notice to quit or a petition for eviction, an attorney can assess the basis and build defenses to protect your housing rights. Prompt action is often essential to avoid default judgments.
Disputes over rent increases in rent-stabilized apartments. A lawyer can review landlord filings, verify compliance with Rent Stabilization Law and Code, and pursue reductions or exemptions when increases exceed permitted limits.
Security deposit disputes after move-out. New York law restricts deposits and requires itemized deductions. A legal counsel can secure a return of funds or challenge improper DEDuctions through appropriate channels.
Habitability issues or failure to provide essential services. If heat, hot water, or repairs are deficient, an attorney can help you pursue remedies, including complaints to the city and potential rent adjustments.
Discrimination or retaliation by a landlord. If you face protected-class discrimination or retaliation after asserting rights, a lawyer can help file complaints with state or federal agencies and pursue damages or remedies.
Lease termination or renewal disputes. An attorney can evaluate whether notices meet legal standards, review renewal terms, and negotiate settlements or compensation when a landlord does not follow the law.
3. Local Laws Overview
New York City residents are governed by a mix of state and city laws, which set the baseline rules for renting or leasing units. The following are key law-based anchors you should know as a tenant or landlord.
Housing Maintenance Code (Administrative Code of the City of New York)
The Housing Maintenance Code establishes minimum standards for heat, water, plumbing, and overall repairs. It applies to most NYC multifamily buildings and is enforced by the city through inspection and enforcement actions. The code is updated periodically to reflect safer and more reliable housing conditions.
Rent Stabilization Law and Rent Stabilization Code (New York State Real Property Law)
Rent-stabilized units in NYC operate under the Rent Stabilization Law and Rent Stabilization Code. These rules limit annual rent increases, govern lease renewals, and protect tenant rights in regulated units. The framework has evolved over time and interacts with city enforcement and the broader housing market.
Housing Stability and Tenant Protection Act of 2019 (HSTPA)
The Housing Stability and Tenant Protection Act of 2019 expanded protections for tenants across the state, including in New York City. It introduced reforms to leases, eviction protections, and rent increase rules, with many provisions taking effect on June 14, 2019. The act is a major driver of how landlords and tenants approach disputes today.
“The Housing Stability and Tenant Protection Act of 2019 significantly strengthens tenant protections across New York State.”
Source: New York State Senate - HSTPA 2019.
For official guidance on rent regulation and stabilization, see the New York State Homes and Community Renewal page: Rent Regulation. This resource explains eligibility, filing requirements, and the role of state agencies in rent-stabilized housing.
New York City residents can also review the annual rent guidelines set by the NYC Rent Guidelines Board at: Rent Guidelines Board.
4. Frequently Asked Questions
What is the difference between a lease and a month-to-month tenancy in NYC?
A lease is a fixed-term agreement with defined start and end dates. A month-to-month tenancy continues after the initial term unless either party gives proper notice to end it. Understanding the type affects notice obligations and renewal rights.
What is the eviction process like in New York City housing court?
Eviction starts with a notice and a petition filed in the appropriate court. Tenants typically respond with a defense and may request a stay or trial. Court timelines vary by court and case complexity.
How do I respond to an eviction notice in NYC?
Respond promptly to avoid default. Consult an attorney to review the notice, determine defenses, and file a response within the time allowed by the court. An early response can preserve rights and options.
Do I qualify for rent stabilization in my NYC apartment?
Qualification depends on the property type, building age, and occupancy history. A tenant may qualify if the unit is regulated under state law or if it is subject to rent stabilization rules. An attorney can help determine eligibility.
What is the typical time frame for a housing court case in NYC?
Timeline depends on court backlog, case type, and defenses. A simple matter may resolve in months, while complex disputes can take longer. An attorney can manage steps to avoid unnecessary delays.
How much can a landlord charge for a security deposit in NYC?
NYC limits security deposits to a reasonable amount, typically equal to one month’s rent, with conditions for deductions. Tenants should receive an itemized list for any deductions at move-out.
What is the Rent Guidelines Board and how are increases decided?
The RGB sets annual rent adjustments for many rent-stabilized units. Increases depend on factors like operating costs, inflation, and regulatory limits. Landlords must follow these guidelines when calculating increases.
Can a landlord raise rent mid lease in NYC without changes to the lease?
In most cases, rent can only be increased under the terms of a lease or upon renewal. Some changes may require legally approved increases for stabilized units. An attorney can review the lease and applicable regulations.
Should I document repairs and interactions with my landlord?
Yes. Keep photos, written requests, and any city notifications. Documentation supports claims for habitability issues, repair delays, or improper charges if a dispute arises.
Is retaliation by a landlord illegal in NYC?
Retaliation for asserting rights is prohibited under state and city protections. Examples include increased rent demands, service refusals, or eviction threats after a complaint is filed. An attorney can advise on remedies and enforcement options.
Where can I file a complaint about housing code violations in NYC?
You can file with NYC agencies such as HPD for housing code violations. For discrimination or housing practice concerns, state or federal agencies also handle complaints depending on the claim.
5. Additional Resources
Access to official resources can help you understand rights, responsibilities, and filing procedures. The following government bodies provide authoritative information and guidance:
- New York State Homes and Community Renewal (HCR) - Regulates rent stabilization, provides tenant resources, and oversees housing regulation. Website: hcr.ny.gov
- New York City Department of Housing Preservation and Development (HPD) - Enforces the Housing Maintenance Code and offers tenant support services. Website: nyc.gov/hpd
- New York City Rent Guidelines Board (RGB) - Sets annual rent guideline increases for stabilized units. Website: nyc.gov/rgb
6. Next Steps
- Clarify your housing issue and collect all documents, including the lease, notices, and city correspondence. Create a file with dates and key facts within 7 days.
- Check whether your unit is rent-stabilized or rent-controlled and determine eligibility for protections. Use official resources from HCR and RGB to verify status.
- Identify NYC-licensed landlord-tenant attorneys or legal aid organizations with relevant experience. Focus on those with a track record in Housing Court and NYC agencies.
- Schedule a paid or pro bono initial consultation to discuss the case, potential strategies, and anticipated costs. Bring all documents and a list of questions.
- Ask about fee structures, timelines, and what you should expect in litigation or negotiation. Get a written engagement letter before proceeding.
- Agree on a plan with your attorney, including milestones and a realistic timeline. Start with a clear objective and a fallback plan in case of settlement.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.