live in his or her apartment under the terms of the prior lease in the absence of a renewal lease. Any proposedrent increases may not exceed the increases set by the new york city rent guidelines board in addition to
allowable increases for major capital improvements and individual apartment improvements.
5. Succession rights. For dwelling units subject to rent control or rent stabilization laws and regulations,family members, including members of a non-traditional family who lived with the primary tenant for at leasttwo years before the primary tenant moved or died and persons over the age of sixty-two or persons with adisability who lived with the primarytenant for at least one-year before the primarytenant moved or died havethe right to continue to live in the dwelling unit of the primarytenant and to have the lease transferred to him or
6. Discrimination. Every tenant has the right to lease a dwelling unit or renew a lease free fromdiscrimination on the basis of race, creed, color, national origin, sex, disability, age, marital or familial status,the presence of children, lawful occupation, sexual orientation, immigration status, or because of any lawfulsource of income of such person, which includes income derived from social security, or any form of federal,
state or local public assistance or housing assistance, including section 8 vouchers.
7. Security deposit. Every tenant has the right to the return of the security deposit at the end of the lease,unless it is applied for damage to the dwelling unit other than normal wear and tear. The security deposit is property of the tenant and cannot be commingled with the owner’s personal funds. The owner of a buildingwith six or more dwelling units must place all security deposits in interest-bearing New York bank accountsand must return each deposit, less one percent for administrative expenses, paid annually. Every tenant has theright to choose whether to receive the interest on the security deposit annually or at the end of the lease or to
have the interest applied to rent.
8. Eviction. To lawfully evict a tenant, an owner must sue in court. Only a marshal or sheriff may carryout a court-ordered warrant to evict a tenant. An owner may not use threats of violence, harass, remove atenant’s possessions, lock a tenant out of the dwelling unit, or willfully discontinue essential services, such as
The New York City CouncilPrinted on 2/16/2011Page 3 of 5