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Tenants bill of rights

Tenants bill of rights

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Published by: jaya1256 on Feb 16, 2011
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The New York City Council
Legislation Text
City HallNew York, NY 10007
Int. No. 477By Council Member CabreraA Local Law to amend the administrative code of the City of New York, in relation to a tenants bill of rights.
Be it enacted by the Council as follows:
Section 1. Title 26 of the administrative code of the city of New York is amended by adding a newchapter 10 to read as follows:
§26-901 Tenants bill of rights. Every owner of a multiple dwelling shall be required to post in and provide to all tenants in such multiple dwelling a tenants bill of rights in accordance with the provisions of this
chapter.§26-902 For purposes of this chapter, the following terms shall be defined as follows:a. “Commissioner” shall mean the commissioner of housing preservation and development.
 b. “Dwelling unitshall mean a dwelling unit as defined in subdivision thirteen of section 27-2004 of 
this code.
c. “Multiple dwelling” shall mean a dwelling as defined in subdivision seven of section 27-2004 of this
code.d. “Owner” shall mean an owner as defined in subdivision forty-five of section 27-2004 of this code.e. “Tenant” shall mean any lawful occupant of a multiple dwelling.§26-903 Contents of tenants bill of rights. Such statement of rights shall include the following:
File #:
Int 0477-2011,
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File #:
Int 0477-2011,
1. Habitability. Every tenant has the right to a livable, safe and sanitary dwelling unit with a secure frontdoor, working appliances, free of water leaks or cracks in ceilings and windows, vermin or rodent infestation,unreasonable noise and hazardous conditions caused by poor maintenance, construction or renovation and tohave access to clean public areas in the multiple dwelling. Every tenant has the right to running hot water at alltimes between six a.m. and midnight at a minimumtemperature of one hundred twenty degrees Fahrenheit andto adequate heat, with an inside temperature of sixty-eight degrees Fahrenheit from six a.m. to ten p.m. whenthe outside temperature is below fifty-five degrees Fahrenheit, and an inside temperature of fifty-five degreesFahrenheit from ten p.m. to six a.m. when the outside temperature is below forty degrees Fahrenheit, during the period from October first through May thirty-first. Such habitability requirements may not be waived or 
modified by a tenant or by an owner.
2. Pets. Every tenant has the right to keep pets if the tenant’s lease permits pets or is silent on thesubject. A no-pet clause in a lease is waived if a tenant has “openly and notoriously” kept a pet for at least threemonths and the owner has taken no action. Deaf or blind tenants are permitted to have service animals
regardless of a no-pet clause.
3. Roommates, assigning or subletting leases. (i) every tenant whose name is on the lease has the rightwithout the permissionof the owner of the multiple dwelling to share the dwelling unit with immediate family,one additional unrelated occupant and that occupant’s dependent children. (ii) every tenant whose name is onthe lease also has the right to assign the lease with the consent of the owner or be released from the lease withthirty days’ notice if consent is unreasonablywithheld. Every tenant whose name is on the lease has the right tosublet with the consent of the owner and the failure of the owner to respond within thirty days to a writtenrequest to sublet is considered consent. For subleases in dwelling units subject to rent stabilization, the prime
tenant may not sublet the dwelling unit for more than two years within any four-year period.
4. Renewal lease. For a dwelling unit subject to rent stabilization laws and regulations a tenant whosename is on a lease for such a unit who has not been offered a renewal lease may have the right to continue to
The New York City CouncilPrinted on 2/16/2011Page 2 of 5
File #:
Int 0477-2011,
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

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