Renting an apartment

Right Against Discrimination by Landlord or the Landlord's Agent Executive Law § 296(5)(a)

A landlord cannot refuse to rent or discriminate against potential renters due to the renter's race, creed, color, national origin, sexual orientation, military status, sex, disability, or marital status. Whether the landlord or someone working for the landlord discriminates against you does not matter: it's still discrimination covered by the law. There are a limited number of buildings where these protections do not apply, however. For example, these protections do not apply to two-family homes where the owner of the building resides in one of the apartments in the home, to buildings where all of the rooms are rented to members of the same sex, the renting of a room in an apartment where the owner of the apartment also lives in the same apartment, to restrictions on sales or rental of housing where those restrictions prevent the sale of apartments to people exclusively over the age of 65, or to apartments where the residents are all 55 or older.

Right to Nondiscrimination for Tenants With Children Real Property Law §§ 236, 237.

A landlord who refuses to rent any or part of any residential premises solely on ground prospective tenant has children is subject to criminal and civil liability. There are exceptions to these limits as well. Apartments that are federally subsidized senior citizen housing, owner-occupied one- or two-family homes, or trailer parks for persons 55 or over. In addition, any rental lease that provides during a lease term that the tenant shall not bear children is a violation of the law.

Landlords are required to provide reasonable accommodations for tenants with disabilities so that they may enjoy equal access to and use of housing accommodations. A "reasonable accommodation" is a policy or rule change that is related to a tenant's specific disability and does not impose extremely high costs on a landlord or cause harm or discomfort to other tenants. Such a reasonable accommodation might include permitting a tenant who is blind or has a psychiatric disability to have a guide dog or a companion animal despite a building's "no pets" policy.

Additionally, a landlord may not refuse to permit, at the expense of the disabled tenant, reasonable structural modifications of existing premises occupied by the tenant, if such modifications may be necessary to afford the tenant full use of the premises. Such modifications may include building a ramp or installing grab bars in the bathroom. However, the landlord may require the tenant to agree to restore the interior of the premises to the condition that existed before the modification.

Tenants with disabilities who need accommodations should notify their Landlord and request the necessary accommodations. Though such a request is not required to be in writing, it is often helpful should any dispute arise about the landlord's obligation and whether the tenant gave notice to the landlord of the request for the modification. A landlord may request documentation from a health care professional attesting to the disability. A tenant with a disability who thinks a landlord has unreasonably refused a reasonable accommodation request should contact the U.S. Department of Housing and Urban Development (HUD).

Tenants may keep pets in their apartments unless their lease specifically prohibits it. Landlords may be able to evict tenants who violate a lease provision prohibiting pets. In multiple dwellings in New York City and Westchester County, a no-pet lease clause is deemed waived where a tenant "openly and notoriously" kept a pet for at least three months and the owner of the building or the owner's agent had knowledge of this fact. However, this protection does not apply to public housing or where the animal causes damage, is a nuisance, or substantially interferes with other tenants.

Tenants who are visually or hearing impaired are permitted to have guide dogs or service dogs regardless of a no-pet clause in their lease. Also, tenants with a chronic mental illness are permitted to have emotional assistance animals. NY Civil Rights Law § 47.

If you are a victim of housing discrimination, you may have several legal remedies, including:

• Recovery of out-of-pocket losses.
• A court order prohibiting the unlawful practice.
• Access to housing that the landlord denied you.
• Damages for emotional distress.
• Civil penalties or punitive damages.
• Attorney's fees.

You must act quickly if you believe that a landlord has unlawfully discriminated against you. The time limits for filing housing discrimination complaints are short. For example, a complaint to New York State Division of Human Rights must be filed within one year from the date of the discriminatory act. First, write down what happened, including dates and the names of those involved. Then, contact one of the resources listed above for advice and help.

You can also file a complaint directly with the NYS Division of Human Rights. Instructions for filing the complaint can be found here: http://www.dhr.ny.gov/how-file-complaint

A number of resources are available to help resolve housing discrimination problems:

• The National Fair Housing Alliance maintains a searchable database of local organizations that advocate for fair housing.
• The U.S. Department of Housing and Urban Development (HUD) enforces the federal fair housing law, which prohibits discrimination based on sex, race, color, religion, national origin, familial status, and handicap (disability). To contact HUD, look in the white pages of the phone book under United States Government Offices, or visit their web site.
• Private attorneys. You may be able to hire a private attorney to take legal action against a landlord who has discriminated against you. For the names of attorneys who specialize in housing discrimination cases, call your county bar association or an attorney referral service.

When an apartment is not rent regulated, a landlord is free to charge any rent agreed upon by the landlord and tenant. If the apartment is subject to rent regulation, the law sets the initial rent and subsequent rent increases. To find out if your apartment is protected by rent regulations that cover certain parts of New York State, click HERE. [Rent Regulation Q and A]

Maximum rent increases for apartments such to the rent stabilization law are set each year by the New York City Rent Guidelines Board.

Most landlords will require tenants to give a security deposit to rent out an apartment. The security deposit is usually the equivalent of one month's rent. If a lease is renewed at a greater amount or the rent is increased during the term of the lease, the owner is permitted to collect additional money from the tenant in order to bring the security deposit up to the new monthly rent. A landlord may use the security deposit as a reimbursement for the reasonable cost of repairs beyond normal wear and tear on the apartment, if the tenant damages the apartment, or a reimbursement for any unpaid rent.

The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. (See "Ending the Landlord-Tenant Relationship.") The landlord is obligated to return the security deposit whether or not the tenant asks for its return. To avoid any disputes, the tenant should thoroughly inspect the apartment with the landlord before moving in and document any pre-existing conditions that need repair. Upon vacating, the tenant should leave the apartment in clean condition, removing all personal belongings and trash from the apartment.

Landlords, regardless of the number of units in the building, must hold the money given as a security deposit for the tenant. The landlord may not mix these deposits with their own money. Landlords of buildings with six or more apartments must put all security deposits in New York bank accounts earning interest at the prevailing rate. Each tenant must be informed in writing of the bank's name and address and the amount of the deposit.

Landlords are entitled to collect annual administrative expenses of one percent of the deposit. All other interest earned on the deposits belongs to the tenants. Tenants must be given the option of having this interest paid to them annually, applied to rent, or paid at the end of the lease term. If the building has fewer than six apartments, a landlord who voluntarily places the security deposits in an interest bearing bank account must also follow these rules. For more on security deposits see "Ending the Landlord-Tenant Relationship."

It is illegal for any person to require a prospective tenant to pay a bonus- commonly called "key money"- above the lawful rent and security deposit, for preference in renting a vacant apartment. Key money is not to be confused with fees that may be legally charged by a licensed real estate broker. Penal Law § 180.55.