Written by Terrance Chasse for NYCproperetypartners.com, November 2014
Property Management Law encompasses the statutes and regulations that dictate the responsibilities and obligations that come with managing property, including apartments, homeowners association’s, condominiums, office buildings and cooperatives.
What the Law States
The Real Estate License Law of November, 2014 states that all New York property management companies must posses a real estate broker’s license. This license is required for such activities as renting to list, negotiating the rental of a property, collecting rent and placing tenants on behalf of a landlord client. There are very limited exemptions to this requirement.
Leases between landlord and tenant should identify the premises, specify the names and addresses of the parties, the amount due, the dates of the rent, the conditions of occupancy, and the rights and obligations of both parties.
Rent stabilization and rent control laws provide regulation over the amount of rent charged as well as many other tenant protections. These provisions are complex and ever changing. Tenants wishing to check if their tenancy is covered by rent stabilization or control laws should contact the New York City Rent Guidelines Board.
What’s Required from Property Managers
New York State Law requires that leases cannot exempt landlords from liability for accident or injury caused by the landlord’s negligence. Landlords are legally free to reject applicants but must not do so on the basis of race, religion, national origin, sex, familial status, or physical or mental disability. These regulations are covered under the federal fair Housing Act of 1968.
Although New York law does not state the amount of notice a landlord must give tenants to increase rent, the landlord must provide the same amount of notice as the timer required on the lease to give notice of termination of the tenancy. This is usually one month.
New York law requires that the landlord give the tenant three days in which to pay the rent or move. If neither of these things happens, the landlord is legally entitled to file for eviction.
What Tenants Can Expect
Tenants can expect the landlord to provide habitable housing. Under the “implied warranty habitability”, statute the landlord must keep basic structural elements of the building safe and intact. All common areas must be maintained and kept in a safe and clean condition. Electrical plumbing, sanitary, heating, ventilating and air conditioning systems must operate safely. There must be a supply of cold and hot water. The landlord must provide trash receptacles and arrange for trash pick up. It is also incumbent on the landlord to arrange for the extermination of rodents and other vermin.
Conclusion & Resources
New York State Property Management Law protect the rights of the millions of tenants and well as their property managers to ensure that this vital service is carried on in an equitable manner. To benefit from these protections, however, it is vital that both parties become familiar with what their legal rights and responsibilities are.
For more information regarding your rights as a tenant, please visit http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf. You can consult the Real Estate License Law in full here: http://www.dos.ny.gov/licensing/lawbooks/RE-Law.pdf