**Tenants’ Rights Guide**

For Residents of the City of Ithaca and Tompkins County
*Created by the Ithaca Eviction Defense and Displacement Project and the Ithaca Tenants Union.*
Updated May, 2022
This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

Introduction

Tenants in New York State have significant rights related to their housing, and landlords have many legal obligations to their tenants. Housing Law can be complicated, and the respective rights and obligations of tenants and landlords are not always clear. This guide was created by The Ithaca Eviction/Displacement Defense Project and the Ithaca Tenants Union to provide general information to tenants in the City of Ithaca and surrounding areas about these rights. In this guide, you will find information regarding housing discrimination, evictions, security deposits, building and maintenance issues, breaking a lease, organizing, special protections for victims and survivors of domestic violence, and more. While much of this information will apply to all New York State residents, some of the information is specific to the City of Ithaca or Tompkins County. The specific information regarding rental housing for Ithaca can be found by visiting: https://ecode360.com/8391399.

It is important to know that Housing Law is constantly evolving and changing. Information provided in this guide may change or become outdated. This guide is a living document, and updates will be made when possible

This guide contains basic, general information and is not legal advice. This guide is not a substitute for legal advice from a licensed attorney. Some statements in this guide may not apply to you or be accurate to your specific situation. To get specific legal advice, representation in court, or simply to receive guidance and assistance, Tompkins County residents can call Legal Assistance of Western New York (LawNY) at (607) 273-3667 or speak to the Tenants Legal Hotline by calling (607) 301-1560 or visiting https://ithacatenantresources.org/tlh.

1. Building Issues & Maintenance

1.1 Introduction

All tenants have the right to live in safe, clean, and habitable housing. Despite their obligations under New York State law, however, landlords often neglect their properties or fail to maintain minimum standards of habitability. In this section you will find information regarding your rights regarding the condition of your housing, as well as potential ways to pressure your landlord to make necessary repairs.

1.2 Non-Waivable Tenant Rights

As a tenant, you are entitled to certain rights that cannot be waived, regardless of whether the lease agreement states that they are waived, there is no lease agreement, or your landlord tells you that you waived them. These rights are listed below and discussed in depth in various sections of this guide.

Tenant’s right to safe and habitable housing (Warranty of Habitability).
Tenant’s right to privacy – a landlord does not have unlimited access to the rental unit without the tenant’s prior consent.
Tenant’s right to have peaceful and quiet enjoyment of their home – the landlord cannot substantially interfere with the tenant’s enjoyment of the premises or make it unsuitable for living (Implied Covenant of Quiet Enjoyment).
A landlord cannot discriminate against a tenant based on the basis of a person’s actual or perceived race, color, religion, national origin, gender, familial status, disability, age, marital status, sexual orientation, military status, lawful source of income, or gender identity/expression.
Security deposits cannot be non-refundable or greater than one month’s rent.
Under New York State law, landlords cannot unreasonably limit a tenant’s right to have family, or other occupants, live with them.
A landlord cannot unreasonably deny a request for sublease or assignment.
The landlord has a duty to mitigate damages if the tenant moves out early and/or breaks the lease.
Late fees charged per month cannot exceed $50 or 5% of the monthly rent, whichever is less.
For domestic violence victims or survivors, after the lease has been terminated, you are no longer responsible for rent due under the lease after the date of termination.

1.3 The Implied Warranty of Habitability

In every lease or rental agreement -- written, oral, or otherwise -- the landlord must always comply with the Warranty of Habitability. A “warranty” is a promise. “Habitable” means that the rental unit and any common areas are safe and in good condition. The Warranty of Habitability is an implied promise that the property your landlord has rented to you is fit for you to live in and that the property can be used as you and your landlord reasonably intended. Please refer to New York Real Property Law Section 235-b.

Some common examples of conditions that may violate the Warranty of Habitability include, but are not limited to:

· Pest infestations, including bed bugs, rodents, cockroaches, and others;

· A lack of heat;

· Broken plumbing or a lack of water;

· Flooding or leaks;

· Electrical issues;

· Mold;

· Broken or damaged walls, ceilings, floor, windows, and doors;

· Broken appliances (if your landlord is responsible for providing them);

· Broken or non-functioning locks on windows or doors; and

· Any other issue that makes the property dangerous or unlivable.

Your right to safe and habitable housing cannot be waived—the Warranty of Habitability always applies—even if your lease says otherwise, if you don’t have a written lease, or if your landlord told you about the issues before you moved in.

1.4 When You Need Something Fixed

If there is something wrong with your home that violates the Warranty of Habitability, it is generally your landlord’s responsibility to fix it. Keep in mind, however, that if the problem was caused by you, members of your household, or a guest, you may be responsible for the repair.

If you notice a problem with your rental unit, notify your landlord of the problem in writing as soon as possible. Landlords must make necessary repairs within a reasonable time, depending on the seriousness of the problem. There is no strict time limit for how long your landlord can take to make a repair but, generally, emergencies should be fixed as soon as possible.

It is important to have proof that you told your landlord about the problem. It is always best to put requests for repairs in writing. This will help you create a written record if your landlord refuses to make the repair or ignores your request. If you tell your landlord about the problem by phone or in person, it is a good idea to follow up by letter, text message, or email. Be sure to put your name, address, and date on any letter. It is important to save copies of any communications with your landlord.

If you need to, you may also record all oral communications with your landlord. Remember, in New York, it is legal to record or videotape your conversations, both over the phone and in-person.

1.5 When Your Landlord Ignores Your Complaints

Landlords might ignore or refuse requests for repairs. There are a few ways a tenant can put pressure on their landlord to make necessary repairs. Depending on the situation, you may want to consider: (1) having the issue repaired yourself and deducting your costs from your rent payments; (2) withholding your rent payments; (3) reporting the issue to an inspector or code enforcement officer; (4) taking your landlord to small claims court; or (5) organizing with other tenants to demand repairs and assert your rights.

1.5(1) Repair and Deduct

One option you have when your landlord fails to make a repair is to repair the problem yourself, and deduct the cost from your rent.

If you choose to repair and deduct, you may want to follow these steps:

1. Make the request again, in writing, and tell your landlord that if the repair is not made within a certain amount of time, you plan to have it done yourself and deduct the cost from your rent payment. It is generally a good idea to remind the landlord of their legal obligation under the Warranty of Habitability. Remember to keep a copy of your request, and any other communications with your landlord, in case you need them later.

2. Make sure to make reasonably-priced repairs. If you need to pay for a service, like a plumber or an electrician, make sure you are paying the usual rate for that type of work in your area. To find the usual rate for a repair, it would be best to go on Google, find 2-3 individuals that do that type of repair work and look at their typical rate. If their rates are not listed on their website, call the individual and obtain a quote. If you are buying materials, make sure you are paying reasonable prices. It is important to know that your landlord may not be responsible for the full cost of repairs if the work you do significantly improves the property. For example, if your sink breaks, you should replace it with the same model or a sink of similar value. If you replace it with a much better, more expensive sink, then the landlord may not be responsible for the additional costs.

3. Save your receipts for any costs, including all parts, materials, and labor.

4. With your next (reduced) rent payment, include a written explanation of the work you did, why you did it, and how much it cost. Send copies of any receipts to your landlord and keep the originals for your records. Keeping these records will be important if your landlord later tries to sue you for not paying all of the rent.

1.5(2) Withhold Rent

If your landlord refuses to make the necessary repairs, then you may want to consider withholding your rent.

Generally, it is a good idea to send a written request to the landlord about the necessary repairs and the intention to withhold rent until it is fixed. In the written notice, you should tell your landlord when you plan to begin withholding rent and how much rent you plan to withhold. The amount of rent that should be withheld depends on how bad or troublesome the problem is. Generally, more severe issues justify a larger portion of rent being withheld, while minor issues may only justify withholding a small portion.

If you choose to withhold your rent, it is very important to save the money you are withholding. Withholding rent can be an effective way to pressure a landlord to make a repair. If, after withholding rent, a landlord promptly makes the requested repair, a tenant may need to pay some or all of the withheld rent. Additionally, a landlord may try to evict a tenant for withholding rent. If this happens and the judge disagrees with the amount of rent a tenant has withheld, the tenant may need to pay the landlord the withheld rent to avoid being evicted.

Withholding rent can be an effective and powerful tool to enforce your rights as a tenant, but it can be risky. You may want to seek advice from a licensed attorney before withholding any rent or reach out to your local tenants union for guidance.

1.5(3) Report Your Landlord to Code Enforcement

If your landlord continues to avoid repairs, you may consider contacting code enforcement officers in your municipality — in the City of Ithaca, the Building Division can be reached at (607) 274-6508. If you live outside of the City of Ithaca, you can likely find contact information for your local code enforcement office online. If possible, you should try to be present during the inspection so you can show the inspector the problems you have complained about.

If the issue in your home violates any laws, regulations, or codes, then the code enforcement officer should make a report. The officer can pressure the landlord to make the repairs by charging fines and fees if the repair isn’t made within a specific time period. It is important to request a copy of any reports in writing as these are often the best evidence that something in your home needs to be fixed.

Below is the contact information for Code Enforcement for all municipalities in Tompkins County:

Town of Caroline: (607) 539-6400

Town of Danby: (607) 277-0799
Town of Dryden: (607) 844-8888
Town of Enfield: (607) 277-0266
Town of Groton: (607) 898-4428 [Cell: 607-591-9898]
Town of Lansing: (607) 533-7054
Town of Newfield: (607) 327-1849
City of Ithaca: (607) 274-6508
Town of Ithaca: (607) 273-1783
Town of Ulysses: (607) 387-9778

Please be aware, however, that if the issue with your home is a serious health or safety risk, then the code enforcement officer may condemn the property and order you to leave. A code enforcement officer should only order tenants to leave a property in extreme circumstances. If you disagree with the code officer’s decision to condemn the property, you are entitled to a hearing to explain your side of the story. Generally, you should be given a hearing before you are forced to leave the property. However, in emergencies or other extreme circumstances, you may not be given a hearing until after you are forced to leave. If you find yourself in either of these situations, you should contact an attorney immediately.

1.5(4) Take Your Landlord to Small Claims Court

Depending on the situation, you may want to consider suing your landlord in small claims court. You may want to consider filing a claim in small claims court if a problem with your apartment has damaged any of your personal property, or if you had to make a relatively expensive repair that was your landlord’s responsibility and withholding rent won’t cover the cost.

Please refer to the Small Claims Court section for more information.

1.5(5) Organize

Working together is far more effective than working alone! If your landlord is ignoring or refusing your requests, then they are probably doing the same to other tenants as well. Please refer to our Organizing section for more information, or contact the Ithaca Tenant Union’s Organizing Help Line.

1.6 Retaliation

Generally, it is unlawful for a landlord to retaliate against a tenant for complaining about or reporting problems with a rental unit. While it is unlawful, it is certainly not uncommon. Common examples of retaliation may include a landlord (1) trying to increase your rent, (2) refusing to renew your lease, (3) harassing you, or (4) trying to evict you.

It is important for a tenant to document instances of landlord retaliation to present in court if the tenant chooses to bring a claim. New York State law allows tenants to sue landlords for such retaliation. A court may order your landlord to pay you monetary damages, including attorney’s fees and costs. Additionally, the court may order your landlord to stop the retaliation or to otherwise fix the retaliatory situation.

If a landlord tries to evict a tenant within one year of you making a complaint about any issues with the property, the tenant can raise “retaliation” as an affirmative defense – this is information that the tenant can raise to defend against the landlord’s eviction claim. This may prevent the landlord from evicting you from your home. However, this protection does not apply to owner-occupied dwellings with fewer than four units. Please refer to New York Real Property Law Section 223-b.

1.7 Constructive Eviction

Unfortunately, despite a tenant’s best efforts, there may be times when a repair isn’t made and the property becomes unlivable. If there are issues with a property that make it unlivable, and a tenant is forced to leave because the issues are a threat to their health and safety, this may be considered a constructive eviction.

A constructive eviction does not require a physical eviction by a landlord or others (e.g. physically removing your belongings from the property or changing the locks). Instead, a constructive eviction happens when a tenant is not able to live in their rental unit because of some wrongdoing or negligence by the landlord that forces the tenant to leave. If a landlord refuses or ignores requests to make a necessary repair, this may be considered wrongdoing or negligence for purposes of a constructive eviction. If a tenant is constructively evicted, then the lease agreement ends and the tenant is no longer responsible for paying rent. Please refer to Barash v. Pennsylvania Terminal Real Est. Corp., 26 N.Y.2d 77, 83, 256 N.E.2d 707, 710 (1970) & New York Real Property Law Section 227.

It is important to note that the issues with the apartment must make the apartment unlivable, and the landlord must know about the problem. A tenant must also give the landlord a reasonable amount of time to fix any issues before the tenant can claim constructive eviction.

For example, if you start to notice a small amount of mold on your ceiling caused by a leak in the roof, this likely violates the warranty of habitability and should be repaired by your landlord. This situation would not likely justify moving out and breaking your lease unless the mold became a serious health and safety risk to you or other tenants and your landlord refuses to repair it or ignores your requests.

Constructive eviction generally requires that there be significant issues with a property, such as lack of water, no heat in the wintertime, asbestos, or any other clear and severe risks to health and safety. Additionally, if you choose to move out and it is not actually a constructive eviction, you may still be responsible for rent. It is recommended that you speak with an attorney if you find yourself in this position.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

2. Security Deposits & Other Fees

2.1 Introduction

In almost every lease or rental agreement, there will be some requirement that the tenant pay a security deposit to the landlord. Landlords and tenants often disagree over the amount of the deposit that should be returned to the tenant at the end of a rental term. Landlords are required to inform tenants of the reason any amount of the security deposit is not being returned to the tenant by providing an itemized list of deductions. If the landlord does not return a portion of the security deposit and does not provide an itemized list articulating the reason for the deduction, tenants should request one as the landlord must inform the tenant of any withholding. Additionally, a landlord may try to charge a tenant other fees and deposits under the rental agreement that are against the law. In this section, you will find information about security deposits and other fees or deposits a landlord may try to charge you.

2.2 Unlawful Deposits and Fees

Under New York State law, it is unlawful for your landlord to charge certain deposits or fees, or for deposits or fees to exceed a specific amount.

Under New York State law, a landlord is not allowed to charge or collect:

Security deposits greater than one-month’s rent;
Last-month’s rent, or any other month’s rent, in advance if they have also collected a security deposit;
Cleaning fees or deposits separate from the security deposit;
Credit check or background check fees greater than the actual cost or $20.00, whichever is less;
- If a tenant can provide a copy of a credit check or background check conducted within the past 30 days, the landlord must accept it and waive any fees;
- If the landlord runs the credit and background checks, they must provide the tenant a copy before collecting any fees;
Application fees;
Pet deposits (if the deposit, together with any other security deposit or rent advance, exceeds one-month’s rent);
Late fees for unpaid or late rent exceeding $50.00 or 5% of the monthly rent, whichever is less; and
Fees greater than 110% of the actual costs for providing a tenant with a replacement key to their unit, for the first 3 replacement keys requested within a calendar year.

Please refer to New York General Obligations Law 7-108 (security deposits), New York Real Property Law Section 238-a (other fees), and New York Real Property Law Section 235-i (key fees).

2.3 Security Deposits and Rent Advances

As stated above, a landlord may not charge or collect any deposit or advance greater than the amount of one-month’s rent. Therefore, if a landlord collects a security deposit equal to one-month’s rent, they cannot also charge the tenant a rent advance, such as “last-month’s rent.” Further, a security deposit cannot be used to pay rent, except for any unpaid rent due and owed after a tenant moves out. Additionally, a landlord cannot request a non-refundable security deposit.

After a tenant moves out, the security deposit must be returned to the tenant within 14 days. If any amount has been deducted from a deposit, the landlord must send the tenant an itemized list of these deductions within the same 14 days. If a landlord does not return the deposit or provide an itemized list of deductions within the 14-day period, the landlord forfeits any right to keep the deposit, regardless of how damaged the apartment is or how much rent may be owed, and must return the entire amount to the tenant. Tenants may bring a claim in Small Claims court to recover the security deposit from the landlord. Please refer to New York General Obligations Law 7-108.

If a property has 6 or more rental units, the landlord must place the security deposit in an interest-bearing account and return any interest earned on the deposit to the tenant. In this situation, the landlord is allowed to keep one-percent of the total amount of the deposit as an “administrative fee.” Please refer to New York General Obligations Law 7-103.

2.4 When a Landlord Can and Cannot Deduct from a Security Deposit

A landlord CAN withhold or deduct from a tenant’s security deposit for:

Damage a tenant causes to the rental unit beyond ordinary wear and tear;
Excessive cleaning, trash removal, or removing or storing a tenant’s furniture or other personal belongings; or
Unpaid rent or utility charges payable directly to the landlord under the lease.

A landlord CANNOT withhold or deduct from a tenant’s security deposit for:

Damage or disrepair in the unit that is not the tenant’s fault or does not go beyond ordinary wear and tear;
Damage caused by a prior tenant; or
Cleaning that prepares the space for new tenants, which would reasonably need to happen after every move-out, like carpet cleaning, painting, repairing minor damage, and removing dirt or dust.

Remember, even if your landlord is deducting from your security deposit for a legitimate reason, they must give you an itemized list of any deductions within 14 days of your move-out, or else return your full deposit. Please refer to New York General Obligations Law 7-108.

2.5 Move-in and Move-out Inspections

Disagreements between tenants and landlords over security deposits are very common. It is important for tenants to document the condition of the rental unit before moving in and moving out.

Landlords are required to offer an inspection of the rental unit before a tenant moves in. It is best to ask for an inspection if a landlord doesn’t offer one. After the inspection, the landlord is required to create a written agreement listing any damages to the apartment that existed before the tenant moved in. If there is any dispute later about the damage, this agreement can be used as evidence. Please refer to New York General Obligations Law 7-108.

It is important to carefully inspect the apartment. You may want to use a checklist to note any problems you see. It is also a good idea to take pictures and videos of any damage or defects. For example, if you see a hole in the wall or a cracked window, you may want to make a note of it and take a picture. It is important to inspect the entire rental unit, including, but not limited to:

All parts of any outdoor spaces, including garages, porches, balconies, entrances, exits, or walkways;
All parts of every room in the rental unit, including the walls, floors, ceilings, doors, door frames, locks, and windows in any bedrooms, bathrooms, common areas, kitchens, closets, or other spaces; and
All parts of any appliances, fixtures, or furniture provided with the apartment, including refrigerators, stoves, microwaves, dishwashers, cabinets, counters, shelves, sinks, toilets, showers, baths, lights, light switches, outlets, beds, mattresses, couches, tables, chairs, rugs, mirrors, air conditioning units, heaters, and vents.

Any notes, photos, and videos should be included in a written agreement with your landlord. Landlords may have a standard form or checklist they regularly use for these inspections. If a landlord already has a form or checklist, it is important to add any additional damages or defects that might not be covered by their form. Taking these steps may help protect a tenant from improper charges to their security deposit when they move out.

If a tenant gives a landlord at least two-week’s notice before they move out, the landlord is required to notify the tenant in writing of the tenant’s right to request an inspection before moving out. A tenant has a right to be present at the inspection. If your landlord does not offer it, you can request the inspection yourself.

The inspection should happen between one and two weeks before the tenant moves out. After the inspection, the landlord is required to create an itemized list noting any damages to the rental unit that the landlord intends to charge the tenant for. This provides tenants with the opportunity to fix any damages or defects themselves before moving out.

Again, a landlord must return a security deposit or provide an itemized list of any charges to the security deposit within 14 days after the tenant has moved out.

Please refer to New York General Obligations Law 7-108.

2.6 How to Get Your Security Deposit Back

Landlords often wrongfully withhold or deduct from a tenant’s security deposit, or fail to return the deposit or provide itemized lists of charges within 14 days. If this happens, the first step a tenant could take would be to send a letter informing the landlord of the wrongful withholding. A tenant may want to tell the landlord they will sue them in small claims court if they do not return the wrongfully withheld amounts by a certain date

If a landlord refuses to return a security deposit, or if the landlord and tenant disagree about how much of the deposit should be withheld, both sides may want to consider mediation. Mediation allows both sides to discuss their disagreement with a trained professional. Ithaca tenants can utilize the Community Dispute Resolution Center for help coming to an agreement with their landlord. For more information, please visit https://www.cdrc.org/.

Finally, tenants can sue landlords in small claims court if the landlord is wrongfully withholding a security deposit. In these lawsuits, the landlord has to prove that they are entitled to withhold a security deposit. If a tenant wins a lawsuit regarding a security deposit, the judge can award punitive damages if the landlord is violating the law on purpose. For more information, please refer to the Small Claims Court section.

If a landlord is wrongfully withholding one tenant’s security deposit, they are probably doing it to other tenants as well. For more information on how to work together with other tenants to assert your rights, please refer to the Organizing section.

2.7 Disability-Related Modifications

A landlord may be able to deduct from a tenant’s security deposit for disability-related modifications the tenant made or had the landlord make to the unit. For more information, please refer to the Disability-Related Laws section.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

3. Breaking a Lease

3.1 Introduction

There are many reasons a tenant may want to break their lease or rental agreement. Depending on your rental agreement, however, you may be responsible for paying rent until you or your landlord can find a new tenant. In this section, you will find information regarding the most common ways to break a rental agreement.

3.2 End of Lease or Month-to-Month

If you have a lease for a set period of time, you do not need to give your landlord any notice that you plan to move-out at the end of your lease term. If you rent your home on a month-to-month basis, however, then you are required to give one-month’s notice to your landlord before you move out. If you are a month-to-month tenant and do not give your landlord proper notice, you may be liable for the next month’s rent. Please refer to New York Real Property Law Section 232-b.

3.3 Mutual Termination Agreement

The most straight-forward way to break your lease or rental agreement is to ask your landlord if they will agree to end the agreement early. If your landlord agrees, you may want to have them sign a written termination agreement, whether or not the original rental agreement was in writing. In the termination agreement, you would want to include (1) the new move-out date and (2) whether you or your landlord owe each other any money.

3.4 Subletting or Assigning

If your landlord will not agree to a mutual termination, you may want to consider subletting your rental unit or assigning your rental agreement to another. Generally, assigning is preferable to subletting if you do not plan to move back in.

“Subletting” is when you make an agreement to rent the space that you rent to another person. If you sublet, you will still be financially responsible if the person you rent to fails to pay rent or damages the apartment.

“Assigning,” on the other hand, is when someone else takes over a lease or rental agreement completely. When you assign your lease to someone else, your rental agreement with the landlord ends, and you are not liable if the new tenant fails to pay rent or damages the apartment.

Leases may have restrictions on whether a tenant can sublet or assign their lease, and whether they need the landlord’s permission to do so. Even if a rental agreement says otherwise, under New York State law, a landlord cannot unreasonably deny a request to sublease or assignment.

If a landlord unreasonably withholds their consent to an assignment, the landlord must agree to terminate the rental agreement on 30-days’ notice from the tenant. If a landlord reasonably withholds their consent to the assignment, however, then the lease continues and the tenant is still responsible for the remaining rental payments.

If a tenant rents a unit in a building with four or more residential units, the landlord cannot unreasonably withhold their consent to a sublease. A tenant must inform their landlord of their intent to sublease by certified mail, and the tenant must include:

the term (dates) of the sublease;
the name of the sublessee;
the address of the sublessee;
the reason for subletting;
the tenant’s new address;
whether any co-tenants have consented to the sublet; and
the sublease agreement.

A landlord then has 10 days to ask for any additional information they need to decide whether they will consent. The landlord must respond within either 30 days of the initial letter or 30 days after the date the tenant provides any additional information requested, whichever is later. If the landlord does not respond, they are deemed to have consented. If the landlord reasonably withholds consent, however, the tenant cannot go forward with the sublease.

For tenants living in a building with 3 or fewer residential units, the right to sublease is controlled by the lease. Also, these laws do not apply to those living in government-subsidized apartments.

These rights cannot be waived, even if your lease says otherwise, or if you don’t have a written lease. Please refer to New York Real Property Law Section 226-b.

3.5 Survivors of Domestic Violence

If you or a member of your household is experiencing domestic violence and you need to move out of your rental unit for fear of continued domestic violence, you are able to terminate your lease on 30-day’s written notice to your landlord.

The Advocacy Center of Tompkins County provides support, advocacy, and education to survivors of domestic violence. If you or a household member are experiencing domestic violence, you can contact the Advocacy Center by calling (607) 277-5000 or by visiting https://www.actompkins.org/#.

You are also required to submit proof of the domestic violence to your landlord within 25 days of your notice to terminate. This proof can come in many forms, including a sworn, written statement by a police officer, doctor, nurse, lawyer, social worker, therapist, clergyperson, or other “qualified third-party,” such as a letter from the Advocacy Center. Your landlord is required to keep all information you have shared with them during this lease-breaking process confidential, unless you give them written authorization to release this information. They are also not allowed to tell a potential future landlord that you terminated your lease early or why you ended your lease.

After the lease has been terminated, you are no longer responsible for rent due under the lease after the date of termination. Any portion of rent prepaid by you must be returned within 10 days of the termination and any security deposit paid must be returned in accordance with New York’s laws regarding security deposits.

These rights cannot be waived, even if your lease says otherwise, or if you don’t have a written lease. Please refer to Real Property Law Section 227-c.

The Advocacy Center of Tompkins County provides support, advocacy, and education to survivors of domestic violence. If you or a household member are experiencing domestic violence, you can contact the Advocacy Center by calling (607) 277-5000 or by visiting https://www.actompkins.org/#.

3.6 Tenants Who Are Federally Subsidized and VAWA

If you are a tenant who lives in a public housing project, has a Section 8 voucher, or lives in a rental unit that receives federal housing assistance, and are experiencing domestic violence, dating violence, sexual assault, or stalking, you have additional rights under the Violence Against Women Act (VAWA). Please refer to 34 USC § 12491(b)(1).

Protection Against Eviction: Unless your landlord can show that there is “an actual and imminent threat” to other tenants and employees at the property, they may not evict you for reasons related to domestic violence you are experiencing. Some examples of possible lease violations related to domestic violence are: being involved in “criminal activity” when the activity is the violence itself, “nuisance” or “disturbance,” or regularly having the police called to your home.
If you are notified of eviction based on domestic violence you are experiencing, it is a good idea to speak with a lawyer as soon as possible. Landlords are still allowed to evict you for reasons unrelated to domestic violence.
If the reason you are being evicted is related to domestic violence, you should let your landlord know, in writing, that the violation they are alleging is due to domestic violence and that you have protection against eviction under VAWA. If the landlord asks for proof, you must provide it within 14 business days (don’t count weekends or holidays). Your proof can be: filling out and sending your landlord the HUD self-certification form, an Order of Protection, police reports, other court reports, or a statement from a third party like a victim-service provider like the Advocacy Center, a mental health professional, a medical professional, or a lawyer when signed by both you and the third party under penalty of perjury (notarized). Please refer to 34 USC § 12491(c)(1)-(3) for more information.
Protection of Section 8 Status: If you and your offender are on a Section 8 voucher together, the housing authority can end your offender’s assistance while still providing you with your voucher.
Ability to Move Within First Year on Voucher: While many housing authorities don’t allow Section 8 tenants to move during the first year of their lease, or move more than once in a twelve-month period, you are allowed to do either under VAWA.
Ability to Receive an Emergency Transfer to Another Available Unit: Your landlord, if covered under VAWA (a lawyer can tell you if your landlord is), is required to have an emergency transfer plan in place for tenants who are victims of domestic violence, dating violence, sexual assault, or stalking, and believe that they are threatened with immediate harm if they remain in the home or they were a victim of sexual assault on the premises within the past 90 days. To ask for an emergency transfer, do so in writing to your landlord. Your landlord must keep your new location confidential from your offender under any transfer plan. Please refer to 24 CFR § 5.2005(e) for more information.

3.7 Constructive Eviction

If there are issues with your rental unit that force you to move out, then you may be able to claim that you have been constructively evicted. Please refer to the Constructive Eviction subsection and the Building Issues and Maintenance section for more information.

3.8 Landlord’s Duty to Mitigate

If a tenant chooses to move out before the lease or rental agreement is over, and they are unable to sublet or assign their lease, then the landlord has a duty under New York State law to mitigate their potential damages. This means that the landlord is required to make documented, good-faith attempts to re-rent the apartment at the fair market rate or at the rate the tenant pays.

If the landlord successfully re-rents your unit at a fair market rate or at the rate in the lease, then the tenant’s lease terminates and they are not responsible for any remaining rent payments.

These rights cannot be waived, even if your lease says otherwise, or if you don’t have a written lease. Please refer to Real Property Law Section 227-e.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667

4. Lease Renewal

4.1 Introduction

In this section, you will find information regarding lease renewals, notice periods, and retaliatory non-renewals due to a tenant’s good faith complaint.

4.2 Your Rights

In short, lease renewal is generally considered to be the norm or default. If a lease or rental agreement expires, it usually continues on the same terms, on a month-to-month basis, unless a landlord has given the tenant the appropriate notice of non-renewal under New York law. Please refer to Real Property Law Section 232-c.

Unfortunately, if a landlord gives the tenant proper notice, they can choose not to renew the lease. In this situation, if a tenant decides to stay past the end of the lease, the landlord could start a holdover eviction proceeding against the tenant.

If you are a Section 8 recipient, or if your housing is otherwise subsidized by the state or federal government, you may have additional rights and protections.

Additionally, some local governments have “right to renew” or “good-cause eviction” laws, which may protect renters from eviction in certain circumstances. Contact an attorney to see if you may be covered by any such protections.

4.3 Required Notice Periods for Non-Renewal

If a landlord plans not to renew a lease, or plans to raise the rent by more than 5%, they must provide the tenant with a minimum amount of notice as required by New York State law. The amount of advance notice required is based either on the length of your lease term or the amount of time you’ve lived in the unit, whichever is longer. The required notice periods for non-renewal or rent increases above 5% are:

Occupancy or lease of less than 1 year: 30 days
Occupancy or lease of 1-2 years: 60 days
Occupancy or lease of more than 2 years: 90 days

If the landlord fails to give proper notice, the tenancy continues under the terms of the existing lease or rental agreement, but on a month-to-month basis (unless the lease says it renews for another year or other period of time). Please refer to New York Real Property Law Section 226-c.

The same rules do not apply if tenants decide not to renew their lease. Tenants do not need to give any notice to their landlord if they do not plan to renew a 12-month lease. Although, it is likely that your landlord will ask you before the end of your lease whether you are planning to renew your lease or move out.

Month-to-month tenants must give one-month’s notice to their landlord if they intend to move out. Please refer to the Breaking a Lease section for more information.

There is no maximum notice period for non-renewal, and landlords may try to abuse this by asking a tenant to renew their lease many months before the tenant is ready to make that decision. If a landlord asks if you want to renew your lease before you are ready to make that decision, you can respond by telling them when you will make your decision instead of simply saying no or ignoring the question.

4.4 Retaliation for Tenant Complaints

Landlords cannot retaliate against tenants for reporting issues with their rental units or for joining a tenants’ rights organization. It is against the law for landlords in New York to refuse to renew a lease or to unreasonably raise a tenant’s rent as retaliation for a tenant’s good faith complaint to the landlord or a government agency about an issue with the tenant’s housing made within the past year or for participation in a tenants’ rights organization. If the landlord partakes in any retaliatory action, please save any copies of communications or write down the date and type of action that took place for your records.

If your landlord refuses to renew your lease and you refuse to move out, or if your landlord significantly raises your rent and you refuse to pay the increase, then your landlord may start an eviction proceeding against you. If your landlord starts an eviction against you under these circumstances, you can tell the court that you made a good faith complaint within the past year. Then, your landlord must prove to the court that they did not file the eviction in retaliation for your complaint. Please note that you are not protected by the retaliation law if you live in an owner-occupied building with fewer than 4 total units. Please refer to New York Real Property Law Section 223-b.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

5. Eviction Proceedings

5.1 Introduction

In order for a landlord to evict a tenant, they must go through the appropriate court process. This process is known as a “summary eviction proceeding.” In this section, you will find information regarding the general process a landlord must go through to evict a tenant.

If you receive any eviction papers, it is very important to contact an attorney as soon as possible. If you live in Tompkins County, you can contact LawNY by calling 607-273-3667 or the Tenants Legal Hotline by calling (607) 301-1560.

5.2 Overview

Generally, there are two kinds of eviction proceedings commonly used to remove a tenant or lawful occupant from their home: (1) “nonpayment” proceedings and (2) “holdover” proceedings. Please refer to New York Real Property Actions and Proceedings Law Section 711.

If your landlord brings a nonpayment proceeding, it means they are trying to evict you for unpaid or past due rent.

A landlord may start a holdover proceeding if you choose to stay in your home after your lease ends or after the landlord terminates your lease for a violation.

Additionally, a landlord may bring a “nuisance” holdover proceeding to evict a tenant if a tenant engages in persistent and egregious conduct that threatens the health, safety, or comfort of neighboring tenants. The important thing to note is that the behavior must be continuous – unless the conduct is especially egregious, it is not sufficient if something occurs once or twice. A few limited examples of continuous and egregious behavior that rise to the level of nuisance are: continuously causing a dangerous situation which threatens the safety or welfare of other tenants; continuously creating loud noise or music that disturbs or annoys other tenants; continuously threatening or harassing the other tenants, causing them to be fearful; or continuously refusing access to the landlord to make repairs. The landlord may, but does not have to, give the tenant an opportunity to stop or fix the behavior by providing the tenant with a written notice specifically describing the egregious behavior, before bringing an eviction lawsuit against the tenant. The landlord is required to provide the tenant with a preliminary notice of the eviction before going forward with an eviction proceeding. Importantly, the landlord must provide evidence proving that the tenant’s behavior meets this standard during the eviction proceeding.

The “petitioner” is the person who starts the court case. This is often the landlord, property owner, or property manager. The “respondent” is the person being sued. This is generally the tenant, a sub-tenant, or a guest of a tenant.

5.3 Non-Payment Proceedings

5.3(a) 5-Day Notice

If your landlord has not received your rent payment within 5 days of when it was due, a landlord must provide you with a written notice by certified mail. This means that if your rent is due on the 1st of the month, the landlord should not provide the 5-day notice until the 7th. If a landlord tries to evict you without providing this notice properly, you can tell the judge and ask that the case be dismissed. Please refer to New York Real Property Law Section 235-e.

5.3(b) 14-Day Rent Demand

If you do not pay your rent, a landlord will likely give you a rent demand commonly known as a “14-day notice.” A rent demand is a written statement that asks a tenant to pay any unpaid rent or to move out. If you do not pay your rent or move out within 14 days after the demand, a landlord can start the eviction proceeding in court.

A rent demand must be written, and should not be served until at least six days after the day rent is due. If your landlord serves the 14-day notice too early, or if your landlord files the eviction in court before the 14 days have passed, you should tell the court and ask the judge to dismiss the case. Please refer to New York Real Property Actions and Proceedings Law Section 711.

5.3(c) Notice of Petition and Petition

After filing for eviction with the court, the landlord must serve the tenant with two documents: (1) the “notice of petition” and (2) the “petition.”

The notice of petition is a document that tells you who is suing you, and when and where the court hearing will be held. The notice of petition should also describe what may happen if you do not appear in court (such as the possible entry of a default judgment in favor of the landlord) or raise any potential defenses. Further, a notice of petition can only be signed by a judge, court clerk, or an attorney. Please refer to New York Real Property Actions and Proceedings Law Section 731.

The petition is a document that outlines your landlord's reason for filing an eviction and what they would like the court to do about it. This should include:

The name of the person who filed the lawsuit and their relationship to the property at issue;
The name of all people being sued and their relationships to the property;
The address of the property;
The amount of unpaid rent, listed by each month rent was unpaid; and
The total amount of money the petitioner is asking the court to award them, and whether they are asking the judge to sign a warrant of eviction.

Please refer to New York Real Property Actions and Proceedings Law Section 741.

Both the Notice of Petition and the Petition must both be served on the tenant at least 10 days, and not more than 17 days, before the eviction court hearing. Please refer to New York Real Property Actions and Proceedings Law Section 733.

It is important that the tenant is served properly. If the tenant was not served properly, it is important to document the date, time, and circumstance of the service, if any service was made, or document that service was not effectuated. Improper service can be raised as a defense. In New York, there are several ways to properly serve someone:

Personal Service: This is when a tenant will be personally delivered the papers by someone who is over the age of 18 and not a party to the case [it is important to note that the landlord cannot be the one to deliver the papers since they are a party to the case].
Substituted Service: This is when someone who is present at or lives in the tenant’s home is given the papers by someone who is over the age of 18 and not a party to the case, and the papers are also mailed to the tenant at their residence by first class mail. The envelope in which the papers are mailed must be marked “PERSONAL AND CONFIDENTIAL”, but should not indicate that it concerns a legal action. The physical delivery of the papers and the mailing must occur within 20 days of each other.
Serving an Agent: The papers may be delivered to a designated agent of the tenant. Please refer CPLR §318 for more information.
Nail and Mail: If the tenant was unable to be served according to Method 1 (Personal Service) or Method 2 (Substituted Service) after repeated, genuine attempts to do so, the papers may be served by attaching the papers to the door of the tenant’s residence and mailing the papers to the tenant at their residence by first class mail. The attaching of the papers to the residence and the mailing must occur within 20 days of each other. As described in Method 2 (Substituted Service), the envelope in which the papers are mailed must be marked “PERSONAL AND CONFIDENTIAL”, but should not indicate that it concerns a legal action.
Other Methods: The court may also deem other methods of service proper if Method 1, 2, and 4 above are not practical.

Please refer to New York Real Property Actions and Proceedings Law Section 733.

5.4 Holdover Proceedings

5.4(a) Predicate Notice

A predicate notice is generally a written notification a landlord is required to give a tenant prior to beginning eviction proceedings against the tenant.

In a holdover proceeding, your landlord is trying to evict you because you have stayed in your home after your lease has ended. This can generally happen two ways; your landlord may refuse to renew your lease, or your landlord may claim that you violated your lease. Please refer to New York Real Property Actions and Proceedings Law Section 711.

If your landlord is trying to evict you after not renewing your lease, they must first give you notice that they are not going to renew your lease. Depending on how long you have lived in the home, or how long your lease is, you landlord must give you notice a certain amount of days ahead of time, see below:

Occupancy or lease of less than 1 year: 30 days
Occupancy or lease between 1 and 2 years: 60 days
Occupancy or lease of more than 2 years: 90 days

If your landlord does not give you the required amount of notice, then that would be a defense you could tell the judge in court. Please refer to New York Real Property Law Section 226-c.

If your landlord is claiming that your lease ended because you violated your lease, then your landlord may have to give you a certain amount of notice and a chance to fix the violation. Whether they have to give you any notice or a chance to fix the violation will depend on your lease.

5.4(b) Notice of Petition and Petition

Just like in a nonpayment proceeding, the notice of petition in a holdover proceeding should tell you who is suing you, when and where the court hearing will be held, and what may happen if you fail to show up or raise defenses.

Similar to a nonpayment proceeding, a petition in a holdover proceeding should include information about who is bringing the proceeding, who they are suing, and everyone’s relationship to the property. A petition in a holdover proceeding should also include the dates the rental agreement started and ended. If the lease was terminated by the landlord because of a lease violation, the petition should say what part of the lease the tenant violated and how they violated it.

5.5 Postponing Your Hearing

If you do not come to court on the date listed on the notice of petition, a default judgment may be entered against you. A default judgment may mean that you will automatically lose your case, even if you have defenses or counterclaims.

If you are unable to make it to your court appearance as scheduled, you can make a written request to the court to reschedule the court date. Be sure to include your contact information, so the court can respond to your request. Please refer to this Tompkins County page for court contact information. After submitting the written request, call the Court to follow up and request a written confirmation of the rescheduled hearing.

5.6 At Your Hearing

At or before the hearing, you can tell the court about any defenses you may have. A tenant can also tell the court that the landlord did something wrong, like violating the lease or a law. If the tenant is asking the court for money or other relief because of something the landlord has done, then that is called a “counterclaim.” If you make any counterclaims against your landlord, it is your responsibility to prove what happened and to convince the court that they should do something about it.

On the day of your hearing, you can request ONE 14-day postponement, called an “adjournment.” Courts generally grant the first request for an adjournment, by either party. You can use an adjournment to find an attorney, ask witnesses to appear, gather your evidence, and prepare your arguments. You can request further adjournments if you need them, but the court can decide whether or not to grant your requests. Please refer to New York Real Property Actions and Proceedings Law Section 745.

If you receive any eviction papers, it is very important to contact an attorney as soon as possible. You can contact LawNY by calling 607-273-3667 or the Tenants Legal Hotline by calling (607) 301-1560.

5.7 If the Court Grants the Eviction

After any hearings or trial in your proceeding, if the court agrees with your landlord, the judge can sign a “warrant of eviction.” If you have a good reason, you can ask the court to postpone, or “stay,” the eviction, or “execution of the warrant.” However, a court may require you to pay rent for the amount of time you are asking for the eviction to be postponed.

To have the warrant executed, your landlord will need to give a copy of the signed warrant to the appropriate law enforcement officer. The law enforcement officer must then give you 14-days notice before they can try to remove you from your home. A law enforcement officer may only execute the warrant on a business day between sunrise and sunset.

A warrant of eviction can only be executed against those who are “named in the proceeding.” This means that if your landlord sues your roommate, but never names you in the petition, then you cannot be evicted – even if your roommate can be. This is a relatively new law and eviction warrants often contain language that make law enforcement officers believe they can evict everyone who lives at the property, whether they were named in the proceeding or not. If this happens to you, explain to the officer that you have not been named in the proceeding and you cannot be evicted without the landlord going to court to evict you, specifically.

Please refer to New York Real Property Actions and Proceedings Law Section 749 regarding warrants of eviction, as well as Section 751, Section 753, Section 755, and Section 756 regarding stays.

If a warrant of eviction will be executed against you and you will not be leaving your home beforehand, consider contacting the Ithaca Tenants Union to discuss your options. Please be aware, however, that if you attempt to stay in your home after a law enforcement officer executes a warrant of eviction, you may be charged with trespassing or face other legal consequences.

In addition to the warrant of eviction, the judge may order you to pay money to your landlord. This is called a “judgment.” Your landlord will have to “record” the judgment with the county clerk, and a law enforcement officer will have to try to collect the money from you.

5.8 The Emergency Rental Assistant Program (ERAP)

As part of the New York State budget for 2021-2022, the State created the COVID-19 Emergency Rental Assistance Program (ERAP). ERAP uses federal funding to provide assistance for up to 12 months of back rent and utilities. If a tenant is approved for ERAP, the money is paid directly to the landlord. Importantly, ERAP provides some strong protections against eviction. First, neither a nonpayment nor a holdover eviction can be filed against a tenant who has applied for ERAP, until a decision is made on the tenant’s application. And if an eviction case has already been started, and the tenant applies for ERAP, the case must be stayed (put on hold) pending an eligibility determination.

Tenants have protection against eviction even if the landlord does not cooperate and agree to accept ERAP money. The ERAP program must make an effort to get the landlord to cooperate. If the landlord will not cooperate but the tenant is otherwise eligible for ERAP, the money is set aside for 180 days, giving the landlord time to change course and agree to accept the funds. It appears that the eviction stay (hold) continues in effect during these 180 days, and this should persuade the landlord to cooperate. The ERAP law also gives the tenant a legal defense against eviction for nonpayment of rent that would be covered by the ERAP payment. This defense should also motivate landlords to cooperate, especially since it exists for a year from when the tenant is found eligible for ERAP. Ultimately, if the landlord has not accepted the ERAP payment within a year of the determination, the law says the landlord has waived the amount of rent that would have been covered by ERAP, and cannot evict based on that rent either. The law does not say whether a landlord can refuse to accept ERAP funds for an eligible tenant and still go ahead with a holdover (“no cause”) eviction. However, allowing this would obviously go against the purpose of the ERAP program—keeping as many tenants in their homes while making their landlords whole. It should also be noted that a landlord’s refusal to accept ERAP funds may constitute illegal discrimination under New York human rights law because this money is considered a “lawful source of income.”

There are also strong protections in the law for tenants whose landlords cooperate and receive ERAP money. By accepting the money, the landlord agrees that the back rent covered by ERAP is satisfied, so it cannot be used for a nonpayment eviction. The landlord also must waive any late fees due on the back rent covered by ERAP. And the landlord cannot raise the rent for at least a year after the ERAP money is received. Also, the landlord cannot pursue a holdover eviction for one year after the ERAP payment is received, with one small exception. However, the ERAP law does say that tenants can still be evicted if they intentionally cause “significant damage to the property” or “persistently and unreasonably” engage in behavior that “substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others.”

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

6. Late or Unpaid Rent

6.1 Introduction

You may find yourself in a situation where you cannot pay your entire rental payment in full, or make any payment at all. In this section, you will find information about when rent is considered “late,” as well as some options and resources for potential assistance.

6.2 When Rent is Late

Under New York State law, rent is not considered late if it is paid within five days of when it is due. Therefore, if your rent is due on the 1st of the month, it is not considered late until after the 6th of the month. If your rent payment is late, a landlord must provide a tenant with a written notice by certified mail. Please refer to New York Real Property Law Section 235-e.

Most lease agreements include fees for late rent payments. Late fees charged per month cannot exceed $50 or 5% of the monthly rent, whichever is less. These rights cannot be waived — they still apply if your lease says otherwise, or if you don’t have a lease. Please refer to New York Real Property Law Section 238-a.

6.3 When You Can’t Afford Rent

In general, when you can’t make your full rent payment when it is due or if you believe you will have ongoing difficulty paying your rent, it is best to be proactive. You may want to reach out to local organizations for financial or other assistance. You can contact the Human Services Coalition of Tompkins County (HSCTC) 211 Housing Specialists by dialing either 211 or 1 (887) 211-8667 for information about local programs and resources.

If you are in a situation where you will only have trouble paying rent for a short period of time, you may want to reach out to your landlord to see if there are any options available. Some landlords may agree to waive the rent or a portion of it, but that is unlikely. It is more likely for your landlord to offer you a payment plan. When discussing a payment plan with your landlord, make sure it is a plan you will be able to afford. If you do make a payment plan with your landlord, it is best to make the payment plan in writing, and have it signed by you and your landlord. Ensure you keep copies documenting all payments made to your landlord.

If your landlord threatens to evict you for nonpayment of rent, please see our Eviction Proceedings section to know your rights and options.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

7. Illegal Evictions

7.1 Introduction

The only legal way to evict a tenant is through the appropriate court process. Landlords, however, may try to evict a tenant without going through the proper process. This is known as an “illegal eviction,” “unlawful eviction,” or “self-help eviction.” In this section, you will find information regarding what may constitute an illegal eviction and potential options if you believe your landlord is trying to evict you illegally.

7.2 Illegal Eviction Threats and Acts

Generally, once you have lived somewhere for 30 days, whether you have a lease or not, landlords cannot legally evict you without going through a court process and having a judge sign a warrant of eviction.

Trying to evict a person without going through the proper court process is a criminal offense. Activities that may be an illegal eviction include doing, or threatening to do, any of the following:

Forcibly removing you or your belongings from your home;
Changing your locks or removing your door;
Turning off your utilities (including water, heat, electricity, garbage pickup or sewer); or
Other actions that are intended to make you leave your home or keep you out of it.

It is illegal for anyone to try to evict you from your home without a court order, including landlords, property managers, co-tenants, neighbors, and guests – anyone.

If your landlord or anyone else successfully evicts you illegally, your landlord is required to take all reasonable and necessary steps to get you back into your home, if you request that they do so. If your landlord does not know about the illegal eviction, then you may only have seven days to make this request. For survivors or victims of domestic violence, it is important to note that requesting and implementing lock changes, after an Order of Protection has been issued by either a criminal or family court, does not amount to an illegal eviction.

7.3 When Your Landlord Violates Eviction Law

If you believe someone is trying to illegally evict you, you can call the police. Illegal evictions are a Class A misdemeanor carrying civil penalties of $1,000-$10,000 for each offense.

Police officers often misunderstand or refuse to enforce this law. An officer may tell you that it is a “civil matter” and that they cannot do anything. The officer would be incorrect. You can tell the officer it is a Class A misdemeanor for any person to try to illegally evict a lawful occupant under New York Real Property Actions and Proceedings Law Section 768. You may also want to tell the officer about the guidance issued by the New York Attorney General’s Office regarding illegal evictions, available here: https://ag.ny.gov/sites/default/files/guidance_to_law_enforcement_on_illegal_lockouts.pdf.

If the officer refuses to pursue the matter, it is best to ask for their name and badge number, and then ask to speak to the officer's supervisor. Also, you can ask for a copy of any reports that are made from the interaction. You may need this information to pursue the matter further. It is good to also keep proof of any costs or expenses that you incur because of the illegal eviction.

If you are illegally evicted, you can ask a court to order your landlord to let you back in to your home. This requires filing a lawsuit in court and it is recommended that you speak to an attorney about your options. Tenants may contact LawNY or the Tenants Legal Hotline to potentially receive free legal assistance.

Tenants can contact the Ithaca Tenants Union at (607) 358–5048 for help organizing or to provide other supportive services.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

8. Housing Discrimination

8.1 Introduction

Housing discrimination is pervasive throughout the country and instances can be found in every community. Despite federal, state, and local laws prohibiting landlords from discriminating against tenants, landlords continue to find ways around these laws or openly disregard them. In this section, you will find information about what constitutes discrimination as it relates to housing under the Fair Housing Act and New York Human Rights Law, and what you can do if you believe you are being discriminated against.

8.2 Housing Discrimination

The Fair Housing Act is a federal law passed by Congress in 1968 that prohibits housing discrimination. Additionally, the New York State Human Rights Law, originally passed in 1945, similarly prohibits housing discrimination.

Under these laws, in the sale or rental of housing, landlords and their representatives may not take any of the following actions on the basis of a person’s actual or perceived race, color, religion, national origin, gender, familial status, disability, age, marital status, sexual orientation, military status, lawful source of income, or gender identity/expression:

Refuse to rent or sell housing;
Set different terms, conditions or privileges, for the sale or rental of a dwelling (for example, charging different rent rates or security deposits);
Provide different housing services or facilities;
Falsely deny that housing is available for inspection, sale, or rent;
Engage in blockbusting or “steering” people to different housing opportunities; or
Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right.

The Fair Housing Act may not apply to owner-occupied buildings with four or fewer units, single-family housing where a broker was not involved in the rental or sale, and organizations that restrict occupancy to their members. Similarly, the NYS Human Rights Law may not apply to owner-occupied two-family homes and units in owner-occupied rooming houses.

Unfortunately, the Fair Housing Act, NY’s Human Rights Law, and other laws leave significant room for discrimination: landlords often simply reject tenants without stating a reason. Collecting proof of discrimination is important for holding landlords and their employees accountable. If you believe you have been a victim of housing discrimination, you can contact LawNY by calling 607-273-3667 or CNY Fair Housing by calling (315) 471-0420 or visiting https://www.cnyfairhousing.org/ to explore your rights and options.

Tenants can also make complaints with the Civil Rights Bureau of the New York State Attorney General's Office at 212-416-8250 or civil.rights@ag.ny.gov. Tompkins County residents may also contact the Tompkins County Office of Human Rights at https://www2.tompkinscountyny.gov/humanrights/email.

If you believe you have been a victim of housing discrimination and you live in or near Ithaca, you can also contact the Ithaca Tenants Union’s Organizing Help Line.

Finally, for more information, please refer to the New York State Division of Human Rights’ Fair Housing Guide, available here: https://www.yumpu.com/en/document/read/65172498/fair-housing-guide and the Department of Housing and Urban Development’s Fair Housing booklet, available here: https://www.hud.gov/sites/documents/FHEO_BOOKLET_ENG.PDF.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

9. Landlord Access to Your Rental Unit

9.1 Introduction

In New York, tenants have significant rights to privacy, quiet enjoyment, and exclusive possession of any property they rent. Generally, this means that the tenant is allowed to refuse or prevent others from entering, accessing, or using their rental unit. While many exceptions apply, this right to exclude others generally includes the property owner or landlord and their employees.

9.2 When a Landlord Can Access or Enter a Rental Unit

Generally, the right of a landlord or their employee to enter or access a rental unit is described in the lease or rental agreement. Often, leases will say when the landlord can access the unit for repairs, inspections, and showings to prospective tenants. Leases often allow a landlord or their employees to access a rental unit after giving the tenant “reasonable” notice, which is generally understood to mean between 24 hours and one week, depending on the reason for the access.

A landlord generally needs a tenant’s consent to access a rental unit. Even if your landlord provides prior notice, you are allowed to say “no,” or ask for them to come at a different day or time. If a tenant unreasonably denies the landlord access to the unit, however, a landlord may sue to have a court order the tenant to allow the landlord to enter. Additionally, a landlord can generally access an apartment without any prior notice or consent in the event of an emergency, like a fire or a flood.

Lease provisions that allow your landlord unlimited access to your rental unit without your prior consent are likely void and unenforceable. For example, if a rental agreement says a landlord can enter a rental unit “at any time for any reason,” this provision would likely be void and unenforceable.

If a landlord repeatedly and persistently enters an apartment without prior notice or consent, or is entering the apartment with the intent to harass the tenant or force them to move out, then it is possible that landlord is violating (1) the tenant’s right to privacy and/or (2) the warranty of quiet enjoyment. In these situations, the tenant may be able to sue the landlord or defend against an eviction lawsuit. You should speak to an attorney for an evaluation of your rights and options.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667

10. Family and Other Occupants

10.1 Introduction

Tenants often have family members, partners, friends, and other occupants live with them, despite those people not being a party to the lease or rental agreement. In this section, you will find information regarding a tenant’s rights to have others live with them and when a landlord can legally restrict the number of people living in a unit.

10.2 Who Can Live with You?

Landlords may try to limit how many people can live in a rental unit. Under New York State law, landlords cannot unreasonably limit your right to have family, or other occupants, live with you. For the purposes of determining how many people can occupy a rental unit, a “tenant” is a person who is a party to the lease agreement, and an “occupant” is anyone occupying the rental unit with the permission of a tenant, excluding a tenant’s immediate family.

These rights cannot be waived—they still apply if your lease says otherwise, or if you do not have a written lease. Please refer to New York Real Property Law Section 235-f.

10.3 When Can a Landlord Restrict Occupancy?

Generally, the law allows a tenant to have their immediate family and additional occupants live with them, along with the dependent children of additional occupants. If two or more tenants are parties to the lease agreement, however, the landlord may restrict the number of tenants and occupants to a number specified in the rental agreement, excluding any tenant’s family members and any occupant’s dependent children.

Landlords can also limit the number of people living in a rental unit to comply with any federal, state, or local laws, regulations, or rules. For example, a city code provision may limit the number of people that can live in a residential unit based on the total square footage of the unit. Additionally, you should notify your landlord of the name of any additional occupants within thirty days of their occupancy. Please refer to New York Real Property Law Section 235-f.

If you are living in subsidized housing, there may be legal restrictions and reporting requirements that affect your rights to have other people live with you. Failure to follow these restrictions and reporting requirements may result in the termination of your subsidized housing, as well as potential civil or criminal penalties.

10.4 What if a Landlord Unreasonably Restricts Occupancy?

If your landlord is trying to unreasonably or unlawfully limit your right to have others live with you, you may be able to sue your landlord for (1) an “injunction” asking a court to order the landlord to stop violating the law, (2) actual damages sustained as a result of the landlord’s violation, and (3) court costs. Please refer to New York Real Property Law Section 235-f.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

11. Disability-Related Laws

11.1 Introduction

Individuals with disabilities have legal protections against discrimination and legal rights to reasonable accommodations related to their housing. In this section, you will find information regarding these rights and protections.

11.2 How Does the Law Define “Disabled”?

Anyone who has a disability (including, but not limited to: chronic mental illness or disability, hearing or visual impairments, mobility impairments, cancer, and HIV);
Anyone who has a record of disability; and
Anyone regarded as having a disability.

If you believe you are experiencing housing discrimination based on a disability, or any perceived disability, you should contact an attorney to explain your rights and explore your options. For more information, please refer to the Housing Discrimination section.

11.3 Making Changes to Your Apartment/Lease for Your Disability

If you have a disability, your landlord may not:

Refuse to let you make reasonable modifications to your dwelling or common use areas, at your own expense, if necessary; or
Refuse to make reasonable accommodations in rules, policies, practices or services, if necessary.

Your landlord must allow you to make reasonable changes to your rental unit, if necessary, to allow you full use and enjoyment of the unit. The landlord may, however, require you to make the changes at your own expense. Additionally, if it is reasonable to do so, a landlord may make you promise to undo any changes you might make, except for reasonable wear and tear.

11.4 Accommodations for Wheelchair Users

For wheelchair users, newer buildings (ready for occupancy after March 13, 1991) with an elevator and four or more units must have:

Accessible public areas and common areas;
Accessible doors, hallways, and routes into and through the unit;
Environmental controls;
Reinforced bathroom walls (for grab bar installation); and
Accessible kitchens and bathrooms.

For buildings of four or more units without an elevator, and built after March 13, 1991, these standards only apply to ground-level floors.

11.5 Support or Service Animals

While it is legal for private landlords to have a “no-pet” policy in rental housing, support and service animals are not considered “pets,” and these policies do not apply to them. Additionally, if a landlord charges any “pet fee,” “pet rent,” “pet deposit,” or other similar pet-related charges, those charges may be unlawful in general, and certainly do not apply to support or service animals and should not be charged against you.

If you are a person with a disability who has a disability-related animal, and you want to live in housing that has a “no-pet” policy, you should ask your doctor or other licensed medical provider to write a letter stating the nature of your disability and that keeping the support or service animal is necessary. You should provide a copy of this letter to your landlord and request a “reasonable accommodation” in writing.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

12. Small Claims Court

12.1 Introduction and Overview

Small claims cases are heard in village, town, and city courts. For Ithaca City residents, Ithaca City Court is where you would go to start a small claims case. Small claims courts only handle claims up to certain dollar amounts, not including court costs and interest. In town and village courts, the limit is $3,000. In city courts, like Ithaca City Court, the limit is $5,000. A small claims court cannot, however, order someone to do or not do something (“injunctive relief”). For example, while a small claims court cannot order your landlord to actually make a repair, they can award you a money judgment to compensate you for a violation of the warranty of habitability or to refund you if you made the repair yourself.

Generally, to sue a person or a company in small claims court in a town or village, they must reside or do business in that town or village. Similarly, to sue a person or a company in small claims court in a city, they must reside or do business in the county in which the city is situated. However, if you are/were a tenant and sue the landlord (property owner), the claim relates to your tenancy, and the property is situated within the county, you can file a small claim in your county—even if the landlord does not reside or do business in the county.

Small claims court is relatively simple, informal, and inexpensive. You do not need a lawyer to sue someone in small claims court, but you can have one if you want to. To start the claim, you need to file an application with the clerk of the court and pay a filing fee. The clerk will give you a court date and will inform your landlord of the court date as well.

12.2 The Hearing

On the date of your hearing, a judge, arbitrator, or mediator may try to help you and your landlord settle the case before having the formal hearing. If you and your landlord are not able to agree to a settlement, then the case will usually proceed to a hearing. During the hearing, you will generally be allowed to make a brief opening statement, present your evidence, and call witnesses, if you have any.

12.3 Judgments, Collections, and Appeals

At the end of the hearing, the judge may tell you their decision immediately or they may “reserve” their decision for a later date. They may give you their decision orally or in writing. If you are looking to collect on the judgment, or if you disagree with the judge and want to appeal their decision, then you will need to get a transcript of the decision if it was given orally.

The judge may decide to order a judgment in your favor. Winning a judgment against your landlord, however, does not mean that you will automatically get your money. The court will not help you collect on your judgment – there are additional steps you must take to collect your money. For more information on collecting judgments, contact an attorney or refer to the guide referenced below.

If you disagree with the judge’s decision, you can appeal the decision at a higher court. There are strict time limits and fees applicable to filing an appeal, and additional steps you must take.

For more detailed information and instructions for small claims court, please refer to: https://www.nycourts.gov/courthelp/pdfs/SmallClaimsHandbook.pdf.

If you are seeking a judgment greater than the Small Claims Court limits, or you want the court to order your landlord to do, or not to do, something, then you should contact an attorney about filing a civil action in Ithaca City Court, for up to $15,000, Tompkins County Court, for up to $25,000, or in New York State Supreme Court, which does not have dollar limit.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

13. Organizing

13.1 Introduction

Under New York State law, tenants are free to organize and form tenants’ unions. Harnessing this collective power can help shift the power imbalance between tenants and landlords. In this section, you will find information about the benefits of organizing, tenants’ right to organize, and protections against landlords who try to prevent tenants from organizing or retaliate against them for doing so.

13.2 Benefits of Organizing

Working together is far more effective than working alone! If your landlord is violating your rights or ignoring your requests, then they are probably doing the same to other tenants as well. You may want to contact your neighbors to see if they are facing similar problems with their housing or your landlord.

You can also contact your local tenants’ organization to get connected to other tenants in your area and meet experienced organizers who can answer questions about your rights and options. Working with a tenants’ organization can help you get the repairs, refunds, and quality of living you deserve. Residents of Ithaca and the surrounding area can contact the Ithaca Tenants Union’s Organizing Help Line by visiting https://www.ithacatu.org/get-help.

A tenants’ organization can help you and your neighbors lay out your options for creating or utilizing your leverage against your landlord, like withholding rent, taking them to court, or reporting violations, as discussed in other sections of this guide.

13.3 Your Right to Organize

Generally, tenants’ rights organizations are allowed by law to meet in any common area of the property, as long as the meeting does not block others’ access to the property or its facilities and the meeting is held during reasonable hours in a peaceful manner.

Your right to organize is protected by New York State law. It is unlawful for your landlord to prevent you from joining or forming a tenants’ rights organization. It is also unlawful for your landlord to retaliate against you for doing so. Please refer to New York Real Property Law Section 223-b and New York Real Property Law Section 230.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.

Table of Contents

Tenants’ Rights Guide

For Residents of the City of Ithaca and Tompkins County

Introduction

Table of Contents

1. Building Issues & Maintenance

1.1 Introduction

1.2 Non-Waivable Tenant Rights

1.3 The Implied Warranty of Habitability

1.4 When You Need Something Fixed

1.5 When Your Landlord Ignores Your Complaints

1.5(1) Repair and Deduct

1.5(2) Withhold Rent

1.5(3) Report Your Landlord to Code Enforcement

1.5(4) Take Your Landlord to Small Claims Court

1.5(5) Organize

1.6 Retaliation

1.7 Constructive Eviction

2. Security Deposits & Other Fees

2.1 Introduction

2.2 Unlawful Deposits and Fees

2.3 Security Deposits and Rent Advances

2.4 When a Landlord Can and Cannot Deduct from a Security Deposit

2.5 Move-in and Move-out Inspections

2.6 How to Get Your Security Deposit Back

2.7 Disability-Related Modifications

3. Breaking a Lease

3.1 Introduction

3.2 End of Lease or Month-to-Month

3.3 Mutual Termination Agreement

3.4 Subletting or Assigning

3.5 Survivors of Domestic Violence

3.6 Tenants Who Are Federally Subsidized and VAWA

3.7 Constructive Eviction

3.8 Landlord’s Duty to Mitigate

4. Lease Renewal

4.1 Introduction

4.2 Your Rights

4.3 Required Notice Periods for Non-Renewal

4.4 Retaliation for Tenant Complaints

5. Eviction Proceedings

5.1 Introduction

5.2 Overview

5.3 Non-Payment Proceedings

5.3(a) 5-Day Notice

5.3(b) 14-Day Rent Demand

5.3(c) Notice of Petition and Petition

5.4 Holdover Proceedings

5.4(a) Predicate Notice

5.4(b) Notice of Petition and Petition

5.5 Postponing Your Hearing

5.6 At Your Hearing

5.7 If the Court Grants the Eviction

5.8 The Emergency Rental Assistant Program (ERAP)

6. Late or Unpaid Rent

6.1 Introduction

6.2 When Rent is Late

6.3 When You Can’t Afford Rent

7. Illegal Evictions

7.1 Introduction

7.2 Illegal Eviction Threats and Acts

7.3 When Your Landlord Violates Eviction Law

8. Housing Discrimination

8.1 Introduction

8.2 Housing Discrimination

9. Landlord Access to Your Rental Unit

9.1 Introduction

9.2 When a Landlord Can Access or Enter a Rental Unit

10. Family and Other Occupants

10.1 Introduction

10.2 Who Can Live with You?

10.3 When Can a Landlord Restrict Occupancy?

10.4 What if a Landlord Unreasonably Restricts Occupancy?

11. Disability-Related Laws

11.1 Introduction

11.2 How Does the Law Define “Disabled”?

11.3 Making Changes to Your Apartment/Lease for Your Disability

11.4 Accommodations for Wheelchair Users

11.5 Support or Service Animals

12. Small Claims Court

12.1 Introduction and Overview