Tenant Protection Act: Your Rights and Responsibilities

The Tenant Protection Act provides several essential protections that apply to most rental situations in New York. Landlords must provide written notice before increasing rent, typically requiring thirty to ninety days depending on the lease term. The act prohibits landlords from retaliating against tenants who exercise their legal rights, such as filing complaints about habitability issues or joining tenant organizations. Tenants have the right to request repairs for conditions that affect health and safety, and landlords must address these requests within a reasonable timeframe. The act also restricts the use of security deposits, requiring landlords to return them within a specified period after lease termination, along with interest in certain cases.

Under the Tenant Protection Act, landlords must maintain rental properties in habitable condition, meeting specific standards for heat, hot water, plumbing, electrical systems, and structural integrity. These habitability requirements ensure that tenants live in safe, sanitary environments free from hazards such as mold, pest infestations, or faulty wiring. When landlords fail to maintain these standards, tenants may have the right to repair-and-deduct remedies or to withhold rent until repairs are completed. The act defines what constitutes a breach of the implied warranty of habitability, allowing tenants to take appropriate legal action when landlords neglect their maintenance obligations.

The Tenant Protection Act establishes specific limits on the amount landlords can collect as security deposits, typically capping them at one month's rent for unfurnished properties. Landlords must deposit these funds in regulated financial institutions and provide tenants with written notice of the account location and account number. Interest accrual on security deposits varies based on lease duration and property type, with the Tenant Protection Act requiring landlords to pay interest to tenants upon lease termination. These requirements ensure that tenant funds remain protected and that landlords cannot profit from holding security deposits.

When returning security deposits, landlords may only deduct for actual damages beyond normal wear and tear, unpaid rent, and other lease violations specifically outlined in the Tenant Protection Act. Landlords must return deposits within thirty days of lease termination, providing detailed documentation of any deductions. The Tenant Protection Act prohibits landlords from making deductions for pre-existing conditions or routine maintenance that should be covered by the landlord. If tenants dispute deductions, they may pursue claims in small claims court or through formal legal proceedings to recover improperly withheld funds.

The Tenant Protection Act limits the grounds on which landlords can evict tenants to specific circumstances including non-payment of rent, lease violations, and owner occupancy in certain situations. Tenants have the right to cure lease violations within the notice period if the violation is remediable, such as unauthorized occupants or minor property damage. The Tenant Protection Act prohibits evictions based on discriminatory factors including race, color, national origin, disability, familial status, or other protected characteristics. Additionally, the act protects tenants from retaliatory evictions when they exercise rights such as reporting code violations or participating in tenant organizations.

If a tenant fails to cure a violation or pay rent, landlords must file an eviction action in housing court, where tenants have the opportunity to present their defense. The Tenant Protection Act ensures that tenants receive proper notice of court proceedings and have the right to legal representation or counsel. Courts must verify that landlords have complied with all notice requirements and other procedural protections before approving evictions. Tenants may raise defenses such as improper notice, uninhabitable conditions, or discriminatory intent, and courts must consider these defenses before issuing eviction orders.

The Tenant Protection Act prohibits landlords from including certain clauses in lease agreements that would unfairly burden tenants or undermine their statutory rights. Landlords cannot require tenants to waive their right to habitable conditions, to agree to unreasonable rent increases, or to forfeit security deposits for normal wear and tear. The act also prohibits clauses that penalize tenants for exercising legal rights, such as contacting housing authorities or joining tenant associations. Leases cannot require tenants to pay for services that landlords are legally obligated to provide, such as basic repairs or maintenance of common areas. When disputes arise regarding lease terms, courts will interpret ambiguous provisions in favor of tenants and strike down any clauses that violate the Tenant Protection Act.

Landlords must provide tenants with complete disclosure of all material facts affecting the property before executing a lease, as required by the Tenant Protection Act. This includes disclosure of previous flooding, pest infestations, structural defects, and any pending violations or code enforcement actions. The Tenant Protection Act requires landlords to inform tenants about commercial tenant improvements policies and any restrictions on tenant modifications to the rental unit. Landlords must also provide information about utility responsibilities, maintenance obligations, and the process for requesting repairs. These transparency requirements help tenants make informed decisions about entering into lease agreements and protect them from hidden defects or undisclosed problems.

While the Tenant Protection Act primarily addresses residential rentals, certain provisions apply to commercial properties and business tenants. Commercial tenants may negotiate lease terms more freely than residential tenants, though the Tenant Protection Act still requires compliance with basic standards regarding habitability and maintenance. Businesses considering commercial leases should understand provisions related to asset protection from creditors and how lease obligations may affect business assets. Commercial tenants should carefully review lease terms regarding rent escalation, renewal options, and liability for property damage to ensure their business interests are protected.