Comptroller Stringer Calls for “Tenant Bill of Rights” in All Lease Packets at Signing

(New York, NY) — New York City Comptroller Scott M. Stringer today called for legislation creating a far-reaching “Tenant Bill of Rights” that would require landlords to share with tenants critical information on housing protections, including safeguards related to applications and security deposits; anti-discrimination; heat and hot water access; habitability; rental payments; evictions and renewals, and specific laws related to seniors. The proposed Bill of Rights would protect New York City tenants from unscrupulous landlords by putting the onus on the landlords themselves to enumerate a tenant’s right to live in a safe and sanitary home with a base level of amenities and support. Comptroller Stringer called for legislation that would mandate inclusion of a Tenant Bill of Rights at every lease-signing to ensure all New Yorker renters are aware of their legal protections upon entering into a housing agreement.

The proposal follows landmark new tenant protections passed in Albany in 2019, as well as Comptroller Stringer’s November 2018 report, “NYC for All: The Housing We Need,” which established the true scope of New York City’s affordable housing crisis, and revealed that the City’s current plan is not reaching those most at risk. It found that roughly 580,000 New York City households are one pay check away from financial disaster, and proposed that the City realign resources to better meet the needs of extremely low income households in the city. It also called for empowering renters with more information about their rights and enacting legislation that would enhance tenant protections.

“Affordable and secure housing is a basic human right. Knowledge is power, and the rights and resources generations of activists fought for should be accessible, clear and mandatory for every single tenant,” said New York City Comptroller Scott M. Stringer. “A Tenant Bill of Rights would enshrine key principles and mandate that landlords must provide all of their tenants with information that protects them against abuse and neglect — like charging illegally high security deposits at the time of lease-signing, or not providing heat on a cold winter’s night. We need to mandate that all tenants are empowered with a bill of rights at every lease signing.”

Comptroller Stringer likened the approach to current city laws around window guards, which landlords must offer at every lease signing to all tenants with children. “Twenty five years ago, almost no building had window guards and children were left at risk,” Stringer said. “Then a law was passed mandating that landlords discuss the installation of window guards at every lease signing, and now we are a safer city. Lease signings are an opportunity to make sure that everyone’s rights are upheld, and we should be leveraging these critical meetings to hold landlords accountable.”

An analysis of 311 data from 2010 to present found that residential issues were the most common reason for New Yorkers to dial the citywide helpline with residential noise, heat and hot water topping the list of housing-related complaints. Furthermore, a majority of all 311 calls are related to housing and basic utility issues.

While the final form of any Bill of Rights would have to be established through the legislative process, Comptroller Stringer offered a draft Tenant Bill of Rights that outlined the following protections in a straight-forward, reader-friendly flyer. Protections outlined include:

Applications and Security Deposits

• It is illegal for you to be charged a fee for an apartment application beyond a $20 charge to cover the cost of background and credit checks.

• Security deposits must be limited to one month’s rent.

• You have the right to have your landlord join you in a “walk-through” inspection to determine the condition of the apartment prior to moving in and out and provide a written agreement documenting all damages even after the lease is signed.

• Your landlord has fourteen (14) days after you vacate your apartment to provide you with an itemized statement indicating the specific damages and amount of the deposit that they will deduct and the remaining portion of your deposit. If not done within those 14 days, your landlord must return the full deposit amount to you

Discrimination 

• It is illegal for landlords to discriminate in the rental of housing based on actual or perceived race, creed, color, national origin, gender (including gender identity), disability, age, marital or familial status, the presence of children, lawful occupation, sexual orientation, immigration status or domestic violence status.

• You are protected against discrimination based on a lawful source of income: the landlord may not refuse to rent to you based on your intention to pay the rent using child support, social security, section 8 or another rent subsidy.

Heat and Hot Water

• Your landlord must provide you with both hot and cold water. From 6:00 a.m. to midnight, hot water must register at or above a constant temperature of 120 degrees at the tap, and 110 degrees for tubs or showers equipped with anti-scald valves.

• Your landlord has a duty to provide heat and maintain 68°F between October 1 and May 31 (between 6 a.m. and 10 p.m.) when outside temp is below 55°F, and between 10:00 p.m. and 6:00 a.m. when outside temp is below 40°F.

Habitability

• Your building must be kept in good repair, including clean hallways and public areas, new apartment paint every three years, and extermination services for any rats, mice, roaches, bedbugs, or vermin. Electrical, plumbing, heating and appliances must be kept in good working order. You are entitled to be free of nuisance or harassment by your landlord or other tenants.

• Your landlord has a duty to conduct repairs even if you have complained or taken legal action.

Rent

• You cannot be required to pay rent using an electronic billing or payment system.

• You have a 5-day grace period for late rent payment. Late fees are capped at $50 or 5% of the monthly rent, whichever is less.

• In the case of non-payment proceedings, you have ten (10) days to appear or file before a default can occur.

Eviction and Renewal

• Your landlord must seek a court warrant to evict you, and unlawful evictions and attempts to force you to vacate are civil and criminal offenses.

• If you are a victim of domestic violence, you may terminate your lease early if not doing so exposes you or your child to substantial risk of physical or emotional harm.

Tenants 62 and Older

• If you or your spouse are sixty-two (62) years old or older, you are entitled to terminate your lease if you are relocating to an adult care facility, a residential health care facility, subsidized low-income housing, or other senior citizen housing.

“At the Community Service Society (CSS) we have consistently argued that we need the state and city to make strong public outreach efforts to raise awareness of the new laws they pass if New Yorkers are going to benefit from these progressive reforms,” said Tom Waters, housing policy analyst at CSS. “Enforcement is largely driven by complaints. But New Yorkers cannot assert their rights if they are not aware they have them. That’s why we think mandating every lease packet include a Tenant Bill of Rights that is written in plain English is such a good idea.”

“Including a Tenant Bill of Rights with every new lease will go a long way towards creating transparency and dispelling confusions among tenants and landlords over their respective rights and responsibilities. We hope to see this tool implemented to inform and empower all tenants about their rights,” said Ana Nunez Services Coordinator, Churches United for Fair Housing.

“We commend Comptroller Stringer for introducing this plan.  It is crucially important for tenants to understand their rights so that they can enforce them.  This is especially true for rent regulated tenants because the system is predicated on tenant complaints,” said Judith Goldiner, Attorney in Charge of the Civil Law Reform Unit at The Legal Aid Society.

“The State Legislature passed the strongest tenant protections in New York State history last year, but without investment in tenant education and organizing, landlords are sure to undermine our new laws. A Tenant Bill of Rights is a step in the right direction. Thank you to Comptroller Scott Stringer for introducing a plan that will empower millions of renters across New York City to fight for their homes,” said Cea Weaver, campaign coordinator for Housing Justice For All.

To read Comptroller Stringer’s Tenant Bill of Rights report, click here.

To read a sample, reader-friendly Tenant Bill of Rights, click here.

To read Comptroller Stringer’s “NYC for All: The Housing We Need” report, click here.

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