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Home›Company stock›Here are 7 ways New York State protects tenants’ money

Here are 7 ways New York State protects tenants’ money

By Nestor E. Bautista
March 10, 2022
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If you are a renter, you should be happy living in New York State. The government here offers many protections for renters and their money that other states don’t.

Here are the legal protections New York offers to cover tenants’ money

1. Security Deposit Limits

Your landlord can only charge you one month’s rent as a security deposit or down payment on a residential property. whether or not you have a lease. If they ask you for a security deposit, they can’t charge you last month’s rent.

Photo by Pepi Stojanovski on Unsplash

picture by Pepi Stojanovski to Unsplash

2. Limits on late fees

The maximum your landlord can charge as late fees is $50 or 5% of your monthly rent, whichever is lower.

3. Credit and Background Check Fee Limits

You may only be charged $20 for background and credit checks before signing your lease. You can also choose to save money by providing your own background and credit check, as long as it is done within 30 days of submitting it to the landlord.

Photo by Clay Banks on Unsplash

picture by Clay benches to Unsplash

4. Limits on evictions for non-payment

If your landlord tries to evict you for non-payment,

You can only be evicted for not paying your rent. You cannot be expelled for non-payment of other charges (such as late fees, legal fees, or any other “add-on” charges).

Housing activists stage march and protest calling on Governor Hochul to end eviction ban

Getty Images

5. Limits on damages from the security deposit

Your landlord must return your security deposit to you within 14 days of leaving the property. If they claim damage, they must provide you with an itemized receipt within 14 days or return your full deposit regardless of the damage. During your final visit, at which you have the right to be present, they must tell you what is damaged and give you the opportunity to repair it yourself,

You can then sort out the issues yourself to avoid the landlord keeping some or all of your security deposit. If your landlord willfully breaks this law, you may be entitled to up to twice the amount of the security deposit.

Photo by Val Stoker on Unsplash

picture by Val Stoker to Unsplash

6. Protections against rent increases

If you do not live in a rent-stabilized apartment, there is no limit to the increase in your rent. However, if it increases by 5% or more, your landlord must notify you in writing.

› If you’ve lived in your apartment for two or more years or have a two-year lease, your landlord must give you 90 days written notice before raising your rent or not renewing your lease.

› If you’ve lived in your apartment for more than a year but less than two years, your landlord must give you 60 days’ notice before raising your rent or not renewing your lease.

› If you’ve lived in your apartment for less than a year or have a lease for less than a year, your landlord must give you 30 days’ notice before increasing your rent or not renewing your lease.

Photo by Jungwoo Hong on Unsplash

picture by Jung Woo Hong to Unsplash

7. Mobile Home Park Rent Increase

The new law limits the amount a manufactured home park owner can raise your rent, including land rent and any utility or fees.

• In most cases, rent increases are limited to 3%, but park owners can raise rent up to 6% if the increase is deemed “justifiable”.

• If your park owner asks for a rent increase of more than 3%, you can challenge the increase in court. The judge will determine if the increase is justifiable.

Hurricane Charley victims continue to live in FEMA trailers

Getty Images

You can read all about New York’s New Tenant Protections here.

Everything Tenants Need to Know About Legal Evictions in NYS

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If you need to file a consumer complaint, you can do so with the Consumer Frauds and Protection Bureau in line or by calling (800) 771-7755.

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