Nassau County’s Landlord-Tenant Laws Explained
Owning real property, whether used as a residence or an investment, comes with layers of regulations and legal obligations. Navigating these can be daunting, but with the proper information, they do not have to be. This blog aims not to provide legal advice, but rather to inform landlords and tenants alike of their obligations and rights under Nassau County landlord-tenant law.
The scope of landlord-tenant law is broad and often raises questions on a variety of issues. The handling of late fees, security deposits, registration of tenants, heat requirements, applications for rent increases, applications for involuntary rent decreases, procedures for commencing and prosecuting rent and nonpayment actions, requirements for issuing notices, warranty of habitability, to name a few. What does the law require? What am I required to do? How do I evict a tenant? Can I be evicted? How do I raise the rent on my apartment? How do I obtain a rent reduction because my tenant is not keeping the apartment in good order? These are just a few of the most commonly litigated issues in landlord-tenant law. A comprehensive list of issues and materials is beyond the scope of this blog, but the U.S . Housing and Urban Development and Suffolk County Departments of Waste Management provide further information and resources for landlords and tenants.
We may look at issues that impact the landlord, tenant or property itself. Without any one of these three factors, the other two can be impacted. It is important to understand the implications of the law. For example, if you own a four-unit building and hire a management company to handle the leasing of your property, the nonpayment of rent actions and the housing court litigations may be further complicated by the fact that you – the owner – have no knowledge of the lease arrangements with your tenant and therefore may not have the information to support your claim, and/or provide documents in support, such as a lease, rent ledger, correspondence between you and the tenant(s), etc. Conversely, if you are a tenant, you may be completely unaware of the law and find yourself unprepared to defend against a case, protect your asset and defend your livelihood. It is important to know your rights and responsibilities. Consulting counsel knowledgeable in landlord-tenant law is a good starting place to assess any issues or concerns you may have.
Landlord’s Rights and Obligations
As the landlord, you have rights and responsibilities when it comes to your leased property. It is important to understand your situation in order to protect both yourself and your tenant from legal issues that may come up in the future.
• Property Maintenance: This can be a common point of contention between landlord and tenant. In Nassau County, the law is specific and thorough when it comes to the required maintenance of the property and how repairs are to be handled. You do need to give your tenant at least 12 hours notice of your intent to enter the premises for any purpose, including maintenance. Even in an emergency, you should be sure to remain available to your tenant to allow them to provide you with access to the property. In this case, a little prevention goes a long way.
• Rent Control: Nassau County does not currently have any laws regulating rents that landlords can charge tenants. However, if your property is located in one of the following areas, then rent control laws may apply:
• Security Deposit: Security deposits (rents paid in advance) are required by law in Nassau County, but the amount that can be charged depends on the agreement with the tenant. There are a number of laws that apply to the handling and return of these deposits, including the timeframe in which money must be returned. Again, the best defense is a good offense, so understanding these laws is important. In the event that there is damage caused by the tenants, it is in your best interest to keep thorough documentation of the issue (with photographs if possible) and to have the money withheld from their deposit justly. You must send the tenant a detailed accounting of how that money was spent so they understand why the full amount was not returned to them.
Tenant’s Rights and Key Protections
Every state in the U.S. has specific laws and regulations that govern the relationship between tenants and landlords. The goal is to provide both parties with a level of fair treatment under the law in situations when disputes arise. Tenants in Nassau County are entitled to all of these legal protections, and understanding them fully can help you make the most of your tenancy here. Below is a brief overview of some of your most important rights as a residential tenant.
Lease Agreement
The lease agreement is the legal contract between the tenant and landlord. While these contracts vary significantly from one agreement to another, they all contain certain aspects that are required by law. For instance, each lease must clearly define the parties involved, the type of unit being rented, the duration of the tenancy, the base rent, additional charges incurred and terms of renewal. It is essential to understand what is and is not outlined in the lease agreement before signing. Otherwise, you could end up stuck in a legal bind that you cannot escape.
Eviction
The circumstances under which a landlord can evict a tenant are strictly regulated by Nassau County law. A landlord cannot, for example, evict you simply because you are late on your rent payment or have a small pet that is not permitted. In fact, there are only six situations under which New York state courts will allow landlords to evict a tenant:
· When the lease agreement has expired
· If the tenant is committing a felony or certain other crimes
· When the tenant is unlawfully using the unit for illegal purposes
· If the tenant is causing harm to the property and the damage affects the landlord’s ability to use the property
· If the tenant is endangering other tenants or setting up health hazards in the unit
· When the tenant is refusing to vacate the unit after the lease has been terminated
It is also unlawful for a landlord to evict a tenant without giving proper notice of 30 days in writing.
Habitability
Nassau County law is very clear on the issue of tenant safety. In addition to obeying the written lease agreement, landlords must ensure that maintenance is kept current so that the tenant enjoys a safe and habitable abode. This includes keeping the unit sanitary and weather tight. There can be no lead paint present—mainly in homes built prior to 1978—and the stove and heating equipment must meet certain standards. Overall cleanliness is the responsibility of the landlord. If you ever find an unsafe condition in the home such as broken locks, holes in windows, insect infestations, mold or peeling wallpaper, it is up to you to notify the landlord of the situation. Failure to do so could result in severe injury or the landlord blaming you for any damages that occur.
Security Deposits
Landlords are allowed to require a security deposit from the tenant, but there are strict limits to how much they can ask for. No matter the size of the security deposit, the landlord must deposit the money in a separate escrow account, which remains in his or her name. Security deposits must be returned to the tenant within 30 days of the move out date, along with any interest earned while the deposit was held in the escrow account. If any of the deposit is not returned, the landlord must provide an itemized statement of how the funds were used. Electrical or plumbing repairs are not permissible deductions that can be taken from the security deposit.
Deposits Security and Rent
Long Island’s Nassau County law on security deposits is, in most respects, the same as New York State General Obligations Law 7-103. New York law, however, provides no penalty for a landlord’s noncompliance with the statute. The Nassau County security deposit law contains a variety of restrictions on landlords, including limiting the amount of the deposit, requiring interest to be paid to the tenant, requiring that the deposits be placed in a separate account, requiring that the account information and address be provided to the tenant and limiting the ability of the landlord to apply the deposit. Any landlord of a residential apartment housing four units or more must comply with these requirements (Nassau County Code 5-18).
New York State law does not apply to buildings with fewer than six units or buildings where the owner resides. For owners of these smaller buildings, additional limitations may be imposed by local law.
Landlords charging a fee that functions in the same way as an additional month’s rent but is labeled as a "fee for administrative services" may be limited to under a month’s rent as a security deposit. The maximum amount that can be charged as a security deposit is a full month’s rent for residential dwelling units that are 10 units or less and one half of a month’s rent for residential dwelling units that are greater than 10 units.
Excessive security deposits. The County Executive may declare that the maximum amount of the deposit of a residential apartment shall be either a full month or ½ month. If the County Executive further determines that there exists in the County a shortage in the availability of dwelling units for rent at a reasonable price, then the maximum amount of the deposit may be increased to two months’ rent. The amount of the security deposit and the time period for which it was paid are subject to limitations.
Interest. The law requires that the security deposit, or any other fee by any name, shall bear interest at the statutory rate. Only residential tenants whose tenancy exceeds six months are entitled to the annual return of interest. Tenants in buildings with less than six units are not entitled to interest on the security deposit. The interest rate is the lesser of a compounded rate of three percent per annum or the average six-month central deposit rate for the preceding year published monthly by the Federal Reserve Board.
Return at termination. Upon termination of the tenancy, the landlord is required to return the security deposit to the tenant by certified mail to the rental unit address or the last known address if the tenant has left the apartment.
Prohibited use. The landlord may retain all or a portion of the security deposit only for damages to the premises, excluding ordinary wear and tear. Landlords cannot recapture lost rent or charge for unpaid water or other utilities through the security deposit. If the landlord fails to return the security deposit for any reason, the tenant may sue to recover the deposit plus interest and damages.
Late payment of rent. Rent includes "additional rent." The term "additional rent" encompasses fees, charges, other than utilities, which are reserved in the lease between the landlord and tenant. However, if the tenant is late in paying the rent, no additional rent can be claimed unless it is expressly stated in the lease.
Eviction Methods and Procedures
In Nassau County, the eviction process for residential tenancies is governed by Article 7 of the Real Property Actions and Proceedings Law ("RPAPL"). As in any other town, the landlord-tenant relationship is contractual, governed by its terms and conditions. A landlord could contractually agree not to bring an eviction action for some period of time. The landlord also may "cure" a violation of the lease by providing a grace period or allowing the violation to stand without proceeding to evict the tenant. As to those actions which a landlord need not cure or were not contractually agreed to not pursue, Article 7 establishes the legal grounds for evicting a tenant. Once a valid ground is established, the landlord must give proper notice of the default, wait for the expiration of the notice period, and file a summary proceeding seeking possession.
The procedures detailed in Article 7 apply to residential tenancies only. Commercial tenancies, whether or not in Nassau County, are subject to the terms of their lease. Similarly, Cooperative tenancies are governed by the terms of the proprietary lease and the New York State Cooperative Corporation law. Only when the terms of the lease are silent on a particular matter would any requirement of Article 7 be implied.
There are six grounds for eviction under the New York State Real Property Actions and Proceedings Law ("RPAPL").
• Default in Rent Payments: A landlord may commence a summary proceeding for nonpayment of rent if the tenant has failed to pay rent due and payable. The landlord must give a grace period before commencing the action. The statutory grace period is five (5) days. The non-payment demand may also provide notice as to the rent due from the period six months prior to the default. The demand for rent may be made by personal delivery to the tenant or their agent, by mailing it to the dwelling with a prepaid registered or certified posting receipt, and also by regular first class mail.
• Interference with other tenants: A landlord may seek to evict a tenant who "substantially" interferes with the comfort and safety of others’ use and enjoyment of the premises.
• Violation of a substantial obligation under the lease: A lease is typically a long document with many requirements. A landlord may only seek eviction for willful or chronic breach of those requirements.
• Maintaining a nuisance: A tenant may not engage in the operation of a "common law nuisance" in the premises. A nuisance is an unreasonable, unwarranted danger to the health or safety of nearby residents.
• Addiction to illegal drugs: Any tenant addicted to illegal drugs may be evicted .
• Non-payment of rent for a rent-controlled apartment: A tenant of a rent-controlled apartment within the City of Nassau may be evicted for failure to pay rent. This provision does not apply to rent-stabilized apartments.
In addition to standing on one of these six grounds, a landlord must abide by the grace period provision of RPAPL §712, and issue a possessory notice to quit RPAPL §711-1(a). The period of time for this notice is also statutorily supplied by the lease or five days after the default (if not curable) taking precedence over any shorter time period specified in the lease. Each of these procedural requirements is a prerequisite to instituting a summary proceeding in court.
The statute also requires the landlord to de garnishee all garnished moneys in the tenant’s bank accounts at the time of starting the action. RPAPL §711-1(b) requires §701 to be complied with.
RPAPL §711(2)(a)-(f) sets forth the procedure for starting a proceeding for possession. First, a Notice of Petition and Petition must be served. This is done by either personally delivery to the defendant, the defendant’s dwelling, or an agent in charge of the premises. Alternatively, the landlord may post the notice to the door of the tenant’s usual abode and mail a copy by certified mail. The landlord then files the affidavit with the Court Clerk, pays any required fees, and provides the Clerk with a prepaid post card for service by the Clerk on the tenant. Service by the landlord must occur at least five days before the hearing date.
Sec. 730 of the RPAPL requires that the Complaint and the Answer to the Petition contain a prayer for affirmative relief. An affirmative relief is a counterclaim for damages. If the tenant does not answer with a counterclaim, the Court will refuse to award any damages to the tenant.
The most effective defenses to an unlawful detainer action are often defenses to the reasons for the eviction. If the reason for the eviction does not stand, the Court will not grant a judgment of eviction. If the tenant has only fallen behind in payment of rent, but the landlord failed to give proper notice of delinquency, the tenant should dispute any entry of judgment. If the eviction is based on a covenant of the lease, and the tenant is not in default of that covenant, the tenant should dispute the eviction. If the tenant complies with all reasonable rules and regulations of the lease, the landlord should have no basis for seeking an eviction. Lastly, if the tenant stops the breach before the landlord can present his case to the Court, there will be no eviction.
The pathways of an eviction in Nassau County are determined by statute, and the passage may be blocked at any point in the proceeding.
Dispute Resolution Methods and Legal Action
In Nassau County, tenants and landlords have various options to resolve disputes that may arise throughout the tenancy. It is always advisable to discuss you issues with your attorney as soon as a problem arises. A follow up letter from your attorney will sometimes do the trick and remind your landlord that they are not above the law.
If you feel that you have an issue that cannot be resolved without potentially heading to court or arbitration, you can ask your landlord for mediation. Mediation is a first step at resolving your dispute and is often all that is needed. However, if you inform your landlord that you are seeking mediation and they refuse mediation, that becomes a defense to any subsequent eviction proceeding (assuming the court is satisfied that mediation is possible). If you apply to the Court for mediation and the Court is satisfied that there is a matter that can be mediated, the Court may refer your case to the Mediation Office at the Nassau County District Court.
If you are unable to mediate your dispute, either party can file a lawsuit in the District or Supreme Court of Nassau County, whichever is appropriate for the remedy you seek. Generally speaking, monetary claims under $15,000.00 are resolved in the District Court (Landlord/Tenant civil claims) as well as contract actions where the amount sought is under the monetary limit. Additionally, District Court is the proper forum for a claim to recoup a security deposit, and non-monetary claims such as rent overcharges and EPA violations. Actions that have been properly removed to the Supreme Court from District Court remain there. Dispossess warrants, nonpayment proceedings, holdover proceedings and ejectments are brought in District Court.
In Nassau County’s District Court, each party is entitled to a jury trial on any matter except those that were specifically excluded from district court. Some of these are personal injury, negligence, fraud, sex offender registration act hearings, liability for alcohol to minors, matters relating to zoning ordinances, parking meters, and some professional licensing matters. In general, professional malpractice are exempt from District Court unless referred by the Appellate Division.
All criminal cases where jail time might be a potential penalty are tried in the criminal court. Claims for wrongful imprisonment or incarceration based on false arrest are also tried in District Court.
It is advisable to consult an attorney in advance of any such claims to ascertain if you "fit within" the purple of District Court.
Amendments and New Laws
Recent Changes and Updates in Laws
As of 9/12/23, a Tenant Harassment Law has been enacted and extended by the Governor of the State of New York. As specified in the Law, a person shall be deemed to commit an offense of tenant harassment if he or she "engaged in a legal course of action with the intent to cause: a residential tenant to vacate a dwelling unit; a residential tenant to surrender or forego any of the rights or remedies of such tenant; or any commercial tenant to vacate a commercial unit."
The Law states that an offense of tenant harassment is committed when "a landlord or his or her agent, or any person acting at the direction of such landlord or his or her agent, intentionally engages in a course of conduct that would cause a reasonable tenant to feel compelled to vacate by use of or threat of use of coercion, intimidation or menacing, or by causing fear of bodily injury or damage to property of such tenant."
It shall be a violation of the Law "for a landlord to evict a tenant without cause." The following defenses are included in the Law:
A landlord shall not be prevented from removing a tenant for the breach of a substantial obligation of the tenancy or for non-payment of rent.
It shall be an affirmative defense to a charge under this section when a landlord could have legally obtained possession of a residential unit from a lawful predecessor without harassment or intimidation.
Key Resources for Tenants and Landlords
Several organizations in Nassau County provide additional resources and support for tenants and landlords. Legal Aid Society is a helpful organization that can answer basic questions about the landlord-tenant process. They offer free legal representation in civil cases to low-income people. People who fall below 125% of the federal poverty line may be eligible for assistance from Nassau/Suffolk Law Services. The organization helps low-income people find housing and keep it . People have advised that the organization will not help you follow legal procedure; rather, the goal is to help people cross a personal hurdle. The New York State Unified Court System site is available for individuals to read about filing information, protections, resources for tenants, and additional information for landlords. Access to handles for e-filing, benefits, and rentals permits and and licenses are available. Landlords can immediately access details regarding eviction, which is also known as an eviction lawsuit, a landlord-tenant lawsuit, or a summary proceeding.