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New York City Landlord-Tenant Law Blog

Leyes sobre el pago del alquiler en Nueva York

Actualmente la ciudad de Nueva York tiene una población estimada de 8,5 millones de habitantes, de los cuales casi 2 millones de personas son de descendencia hispana. Muchos de ellos alquilan apartamentos y casas en varios suburbios alrededor de esta gran metrópolis.

Es importante conocer las diferentes leyes que protegen tanto al dueño del inmueble que rentamos como a los inquilinos del mismo y saber cuándo una situación amerita ayuda legal inmediata.

What happens if your rent-stabilized building is sold?

If you are a renter with stabilized rent, the prospect of the building being sold to a new landlord can be unnerving. Rent stabilization is meant to protect renters, but that doesn’t mean the new owners won’t look for ways to skirt the rules.

Luckily, there are signs to watch out for and ways to protect yourself as a tenant.

Rising rents mean older renters need guarantors

There’s no doubt New York is an expensive city. We’ve all heard of young renters working hard and struggling to make ends meet, but it turns out these struggles aren’t limited to people in their 20s. It’s becoming common for people in their 30s or 40s to need guarantors to sign a lease.

A guarantor is someone who is responsible for a lease if the renter cannot pay. Given the high rental prices in New York, many people relocating or moving within the city are unable to meet the stringent requirements of landlords. In this case, the renter can use a guarantor to make up for falling short of the landlord’s requirements.

In which neighborhoods is displacement the biggest threat?

Affordability is one of the biggest issues facing renters in New York. No matter your economic situation, finding affordable housing can be a challenge with rising rents leading to displacement across the city.

The Association for Neighborhood and Housing Development (ANHD) tracks displacement across New York and offers resources for determining how it may affect your neighborhood.

There’s hope for commercial tenants served with notice to cure

Is your landlord threatening to terminate your commercial lease? You may be able to get a Yellowstone injunction to give you time to cure the alleged breach of the lease, or to defend the case without risking eviction if you lose.

When a commercial tenant receives a notice to cure, the tenant must take action before the notice expires. If the tenant does not and permits the notice to cure to expire, then the landlord may serve a termination notice and commence a holdover (eviction) proceeding in Civil Court. In such a case if the landlord establishes a breach of the lease, then the tenant will not be provided an opportunity to cure, and will be evicted. This is because the law that allows for a post-judgment cure only applies to residential leases. In such a commercial eviction proceeding predicated upon a breach of lease, the tenant’s defenses are limited to proving that there was no breach of the lease.  

Attention to legal detail protects apartment succession rights

Rent-stabilized, rent-controlled and Mitchell-Lama apartments are a valuable commodity in New York City. For many families, a unit may represent their greatest asset. State and city laws recognize that value by establishing rules that allow these residences to be transferred to others without the loss of rent protection or increasing the risk of eviction. But succession rights are not automatic. Protecting them requires understanding the laws, exercising care in following them and acting quickly after the original tenant vacates.

Time is of the essence for succession

A change in NYC's affordable housing rules

Finding an apartment in New York City can be a struggle. Finding an affordable apartment, however, can seem downright impossible. This is why some individuals look to Housing Connect to apply for housing that is more cost effective.

In 2013, Housing Connect created a lottery system in which individuals can apply for selection of affordable housing in New York. In an effort to make finding an affordable living situation more widely available, the Department of Housing Preservation and Development has new rules to ensure fairness. Changes include:

Subletting your apartment may be your right

Changes come all the time in life, and you never know when you’ll need to be away for a long time. It may be a temporary job, care for a family member or some other change you didn’t anticipate. If you want to come back to the same apartment when it is finished, you have to keep your lease.

Even if your lease says that you are not allowed to sublet, you may have the right to do so. It is not legal to prevent a sublease under New York law except under very specific circumstances. If you have a market-rate or rent-stabilized apartment that you need to sublet, it very likely can be done – you simply must go through the right procedures to make it happen.