NYC Tenant Laws That Landlords Don’t Want You to Know

Landlords can be challenging in NYC, and it’s not unknown for them to try and evict you for their gain. Sometimes it can feel like the landlord is holding all the cards. Fortunately, that’s not the case, thanks to a series of tenant laws to protect renters. But don’t expect your landlord to tell you about these. It’s in their interests to keep you ignorant, so you’ll need to become aware of them yourself. Some of these are well known, such as the right to livable housing. But you can easily overlook the quirkier ones. Here are some of the stranger tenant laws on the books in NYC

There’s a way around the no-pet clause in a lease.

The no-pet clause in a lease is a frequent bone of contention between tenants and landlords. If your lease has one such clause, it’s helpful to know that, given the right circumstances, you can quickly get around it. NYC admin code 27-2009.1(b) states that “In multiple dwellings in New York City and Westchester County, a no-pet lease clause is deemed waived where a tenant ‘openly and notoriously’ kept a pet for at least three months, and the owner of the building or the owner’s agent knew this fact.”

The beauty of this is that even the most casual observations by the landlord’s workers of the pet’s accouterments can be used to argue that the landlord knew the pet. So if you see a maintenance worker walk by with a leash, you may have to wait three months before getting a dog.

You can take on a roommate without the landlord’s permission.

Another interesting law relates to the question of roommates. Even if your landlord won’t allow you to have any, there’s little they can do to stop you. Real estate Property Law 235(f), often called the Roommate Law, holds that any residential lease entered into by a tenant allows them to share the apartment with their immediate family or one unrelated person. This is true even if the residential lease says otherwise.

It is complicated to evict someone for repeated late payments.

Technically speaking, repeatedly paying your rent more than a month late is grounds for eviction. But in practice, it’s tough to do so. In the court’s eyes, being repeatedly late on your payments only shows that there is no clear set of standards. So if you’re occasionally late on your payments, don’t let it worry you too much. This is not recommended as a personal policy, but you’re probably fine.

Elevators must have mirrors.

Multiple Dwelling Law 51-b NYC admin Code 27-2042 holds that every self-service elevator in a multiple dwelling building must have mirrors. This allows anyone entering the elevator to check if anyone is already inside. There might not be much use to this, but you’re welcome to try.

You are entitled to a fresh coat of paint every three years.

According to the Housing Maintenance Code (whether rent-regulated or not), you must maintain every NYC apartment (HMC). This requires your landlord to ensure that the lock on your front door works so that your windows aren’t broken and a whole lot else. One section of the HMC even requires landlords to repaint their apartments once every three years. Of course, landlords are responsible for fixing all wear and tear, so if your apartment could use some sprucing up, ask them to foot the bill for a paint job.