Permitting & Zoning Standards
ADU Rules
In New York, there are specific rules regarding accessory dwelling units (ADUs). Landlords must adhere to local zoning laws and obtain necessary permits before renting an ADU. For example, in the City of New York, landlords must apply for a Zoning Certificate from the Department of Buildings (DOB) before renting an ADU. This ensures compliance with local zoning regulations and helps prevent disputes related to property use.
Owner-Occupancy Requirements
New York City has specific rules regarding owner-occupancy requirements for rental properties. Landlords must ensure that they are not living in the property themselves, which could affect their ability to rent it out. For instance, under New York City’s Local Law 118 (2023), landlords must demonstrate that they are not living in the property or have a valid reason for doing so. This helps prevent landlords from using their own residence as an income-producing property.
Parking Minimums
New York City has strict parking minimum requirements for rental properties. Landlords must ensure that their property meets the local zoning laws regarding parking spaces. For example, under New York City’s Zoning Resolution, landlords must provide a minimum number of parking spaces based on the size and use of the property. Failure to comply with these requirements can result in fines and legal action.
Lease Structuring, Utility Metering, and Disclosures
Lease Structuring
Landlords in New York must ensure that their leases are properly structured to protect both parties. Leases should include clear terms regarding rent, security deposits, and termination conditions. Landlords must also ensure that the lease is in writing and signed by both parties before it becomes effective. This helps prevent disputes related to the terms of the lease.
Utility Metering
Landlords in New York must ensure that their properties have proper utility metering. Landlords are responsible for paying the utility bills and must ensure that tenants are not overcharged or unjustly billed. Landlords should also provide tenants with access to the utility meters and ensure that they are functioning properly.
Disclosures
Landlords in New York must provide tenants with certain disclosures before renting out their property. These disclosures include information about the property, the landlord’s rights and responsibilities, and any applicable laws or regulations. Landlords must also provide tenants with a copy of the lease before renting out their property.
State Landlord-Tenant Act Compliance
Notice Periods
Landlords in New York must provide tenants with proper notice before entering the property. Landlords must give tenants at least 24 hours’ notice before entering the property, except in emergencies. Landlords must also provide tenants with a written notice of eviction before filing for an eviction lawsuit.
Deposit Handling
Landlords in New York must handle security deposits properly. Landlords must return security deposits within 14 days of the tenant’s move-out and provide an itemized statement of any deductions. Landlords must also ensure that security deposits are held in a separate account and are not commingled with other funds.
Fee Caps
Landlords in New York must adhere to fee caps when charging tenants for late fees, maintenance fees, and other charges. Landlords are not allowed to charge more than 10% of the monthly rent as a late fee and cannot charge maintenance fees unless they are reasonable and necessary.
Defensible Record-Keeping & Compliance Checklist
Record-Keeping
Landlords in New York must maintain proper records of all transactions related to their property. This includes lease agreements, tenant information, rent payments, and security deposits. Landlords must also maintain proper records of all maintenance and repair work performed on the property.
Compliance Checklist
To ensure compliance with New York’s landlord-tenant laws, landlords should follow these steps:
- Review Local Zoning Laws: Ensure that the property meets all local zoning requirements and obtain necessary permits.
- Adhere to Owner-Occupancy Requirements: Ensure that the landlord is not living in the property or has a valid reason for doing so.
- Comply with Parking Minimums: Ensure that the property meets all parking requirements and provide proper parking spaces for tenants.
- Proper Lease Structuring: Ensure that the lease is properly structured and signed by both parties.
- Proper Utility Metering: Ensure that the property has proper utility metering and provide tenants with access to the meters.
- Provide Disclosures: Provide tenants with all necessary disclosures before renting out the property.
- Proper Notice Periods: Provide tenants with proper notice before entering the property and give tenants at least 24 hours’ notice, except in emergencies.
- Return Security Deposits: Return security deposits within 14 days of the tenant’s move-out and provide an itemized statement.
- Adhere to Fee Caps: Adhere to fee caps when charging tenants for late fees, maintenance fees, and other charges.
- Maintain Proper Records: Maintain proper records of all transactions related to the property.
By following these guidelines, landlords can ensure that they are compliant with New York’s landlord-tenant laws and protect themselves from legal action.