what are the duties and responsibilities of the state attorney general nys tenant protection

by Prof. Thaddeus Becker 9 min read

Attorney general duties include providing consumer protections from fraud, scams and dangerous products, people and situations, protection of the state's resources by upholding state and federal environmental laws, oversight or direct involvement in criminal court cases and appeals, enforcement of judgments, such as child support and victim's programs, and formal opinions to state and federal agencies.

Full Answer

What does the Attorney General of New York do?

Our Office. As head of the Department of Law, the Attorney General is both the “People's Lawyer” and the State's chief legal officer. As the “People's Lawyer,” the Attorney General serves as the guardian of the legal rights of the citizens of New York, its organizations and its natural resources. In fulfilling the duties of the State’s chief legal counsel, the Attorney General not …

What are the rights of a tenant in New York State?

New York State Attorney General Eric T. Schneiderman is pleased to offer this booklet to assist current and future boards of directors of New York not-for-profit corporations (and, by analogy, trustees of New York charitable trusts) to understand and carry out their fiduciary responsibilities to the organizations they serve.

What are the responsibilities of the Attorney General of Texas?

The two types of rent regulation in New York State are rent control and rent stabilization. An individual tenant’s rights will depend, in part, upon which regulations apply, although some apartments may have multiple laws governing their tenancies. While tenants in rent regulated or government subsidized apartments have special rights, many rules

Do New York’s new rent control laws protect lower-income tenants?

May 18, 2017 · The document states that the Attorney General is to be elected “at the same general election as the governor and hold office for the same term,” that the Attorney General shall be the head of the Law Department, that the AG shall render opinions on proposed constitutional amendments prior to a vote in the Assembly and Senate, and that state money …

What a landlord Cannot do?

According to the Fair Housing Act, landlords cannot discriminate based on nationality, gender, race, disability or family status. The Fair Housing Act also states that the landlord cannot say that an apartment is not available when it is, can't harass you and can't end a lease due to race, gender or family status.May 3, 2021

What are my rights as a tenant?

let the landlord know about any damage or repairs straight away. pay for their own outgoings eg, electricity, gas and internet. use the property mainly for residential purposes rather than business activities. leave the property clean, tidy, and clear of rubbish and possessions.

What are my rights as a landlord in New York State?

Landlords are required to maintain electrical, plumbing, sanitary, heating, and ventilating systems. And appliances that landlords install, such as refrigerators and stoves, must be in good and safe working order.Feb 17, 2022

Can landlords raise rent during Covid in NY 2022?

Rent Increases Is this legal? It depends. If you have a current lease, your landlord cannot increase your rent until it expires. If you are rent-stabilized or rent-controlled, the landlord is limited in the amounts it can increase your rent (currently 1.5% for a one-year renewal and 2.5% for a two-year renewal).

What are a landlords legal responsibilities?

Landlord's responsibilities A landlord is responsible for: repairs to the structure and exterior of the property, heating and hot water systems, basins, sinks, baths and other sanitaryware. the safety of gas and electrical appliances. the fire safety of furniture and furnishings provided under the tenancy.

Is a landlord responsible for tenants Behaviour?

As a landlord, you're not technically liable for nuisance tenants or occupiers of your property. However, you may be liable if you've allowed the tenants to cause the nuisance or if, when renting out your property, you were aware that nuisance was inevitable or almost certainly going to occur.Aug 27, 2019

Can a tenant change the locks without the landlords permission in New York?

New York allows tenants to install their own locks in addition to the locks provided by the landlord. However, tenants need to give landlords a duplicate copy of their key upon request. If they don't, they can be found in violation of their lease and could face eviction.May 1, 2012

Can a tenant withhold rent for repairs in New York?

It's legal for tenants in New York to withhold rent until the landlord makes major repairs, but they must notify their landlord of the problem first—and give them a reasonable amount of time to fix it.Jan 15, 2020

Can a landlord be held liable for nuisance tenants New York?

New York is especially tough on landlords who permit nuisance behaviors, and in many cases, the landlord will be held liable for tenants that create nuisances such as harassing others, barking dogs, loud music, drugs and alcohol, litter, etc.Mar 13, 2015

Can a landlord refuse to renew your lease?

Can a landlord refuse to renew a lease? A landlord cannot refuse a lease renewal simply because they do not like the tenant. They can, however, oppose the renewal for one of the specified grounds laid down in the 1954 Act.

When can a landlord evict a tenant in NY?

14 daysEviction for Nonpayment of Rent The notice must state that the tenant has 14 days to pay rent or move out of the rental unit. If the tenant does not pay the rent or move out of the rental unit within the 14 days, the landlord can begin eviction proceedings against the tenant (see N.Y. Real Prop.

Can a landlord evict you without a court order?

In most cases your landlord still has to get a court order before they can evict you and they can't apply for a court order until the notice period has run out. The court order is called a 'possession order'.

What is the NYS Attorney General?

What is the Attorney General New York? The New York Attorney General is a legal and administrative position undertaken by the appointed individual serving as the primary attorney – or lawyer – on behalf of the State of New York; the appointment of the NYS Attorney General takes place through a statewide election. The Attorney General New York.

Who was the first attorney general of New York?

The History of the New York Attorney General. The first New York Attorney General was Egbert Benson, who served from 1777 to 1788.

Where is Eric Schneiderman's office?

The Office of the Attorney General New York. The Office of the Attorney General of the State of New York is located in the State Capitol Building in Albany, New York.

What are the rights of a tenant?

Tenants have a legal right to organize. They may form, join , and participate in tenant organizations for the purpose of protecting their rights. Landlords must permit tenant organizations to meet, at no cost, in any community or social room in the building, even if the use of the room is normally subject to a fee. Tenant organization meetings are required to be held at reasonable times and in a peaceful manner which does not obstruct access to the premises (Real Property Law § 230).

What is rent control in New York?

Rent control limits the rent an owner may charge for an apartment and restricts the right of the owner to evict tenants. The rent control program applies to residential buildings constructed before February 1947 in municipalities that have not declared an end to the postwar rental housing emergency. Rent control is still in effect in New York City and parts of Albany, Erie, Nassau, Rensselaer, Schenectady, and Westchester counties.

What are the two types of rent regulation in New York?

The two types of rent regulation in New York State are rent control and rent stabilization. An individual tenant’s rights will depend, in part, upon which regulations apply, although some apartments may have multiple laws governing their tenancies. While tenants in rent regulated or government subsidized apartments have special rights, many rules and laws apply to both unregulated and regulated apartments.

Who has the right to succeed a tenant who dies or permanently vacates the premises?

Family members living in an apartment not covered by rent control, rent stabilization, or other housing governed by a regulatory agreement generally have no right to succeed a tenant who dies or permanently vacates the premises. The rights of a family member living in a rent controlled or rent stabilized apartment to succeed a tenant of record who dies or permanently vacates are covered by DHCR regulations. Under these regulations, a “family member” is defined as husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the tenant; or any other person residing with the tenant in the apartment as primary resident who can prove emotional and financial commitment and interdependence with the tenant

What is the law for mobile home parks?

Manufactured and mobile home parks’ owners and tenants are governed by Real Property Law § 233 (“Mobile Homeowner’s Bill of Rights”). The Division of Housing and Community Renewal (DHCR) enforces compliance with this law.

What is the minimum residency?

Minimum Residency — A family member would succeed to the rights of the tenant of record upon the tenant’s permanent departure or death, provided the family member lived with such a primary resident either

What is harassment in real estate?

landlord is prohibited from any action intended to force a tenant out of an apartment or to compel a tenant to give up any rights granted the tenant by law. No landlord, or any party acting on the landlord’s behalf, may interfere with the tenant’s privacy, comfort, or quiet enjoyment of the apartment. Harassment may take the form of physical or verbal abuse, willful denial of services, disruptive construction or renovation projects that interfere with health, safety, and use of an apartment, or multiple instances of frivolous litigation. If a landlord lies or deliberately misrepresents the law to a tenant, this may also constitute harassment. Severe harassing conduct may constitute unlawful eviction and landlords may be subject to both civil and criminal penalties, in the form of a class A misdemeanor for harassment under Real Property Law § 768.

What is the job of a state attorney general?

Each state's attorney general is charged with the responsibility of enforcing the laws, as well as the ability to pass new legislation. The state attorney general also has the higher purpose of protecting the people of the state and their interests. Attorney general duties include providing consumer ...

How long does it take to get a law degree?

Then, prospective lawyers take the Law School Admissions Test (LSAT) and apply to law schools. Finishing law school generally takes three years. Some states have minimum age requirements for their AGs, while others do not.

What is the duty of a landlord to mitigate damages?

Landlord Duty to Mitigate Damages. New law: In any lease or rental agreement, [...] if a tenant vacates a premises in violation of the terms of the lease, the landlord shall, in good faith and according to the landlord's resources and abilities, take reasonable and customary actions to rent the premises at fair market value or at ...

When was the Tenant Protection Act of 2019 passed?

The Upstate Landlord's Guide to the NY Tenant Protection Act of 2019. On June 14, 2019, Governor Andrew Cuomo signed into law a sweeping package of New York statewide rent regulations known as the " Housing Stability and Tenant Protection Act of 2019 " (bill S6458), bringing about the largest swath of changes to Landlord-Tenant law in NY in nearly ...

What is a rebuttable presumption?

New law: In an action or proceeding instituted against a tenant of premises or a unit to which this section is applicable, a rebuttable presumption that the landlord is acting in retaliation shall be created if the tenant establishes that the landlord served a notice to quit, or instituted an action or proceeding to recover possession, or attempted to substantially alter the terms of the tenancy, within one year after [...] a good faith complaint was made, by or in behalf of the tenant, to the landlord, the landlord's agent or a governmental authority of the landlord's violation of any health or safety law, regulation, code, or ordinance, the warranty of habitability under section 235b of this article, the duty to repair [...] or section 174 of the multiple residence law. (P43 L20)

How long do you have to give notice of non renewal?

Effective October 12, 2019, tenants are still only required to provide 30 days notice of non-renewal regardless of length of occupancy, but tenants who are being non-renewed or receiving a rent increase of greater than 5% must be notified in advance as follows: Occupied less than 1 year: 30 days notice.

What happens if a landlord fails to provide notice?

If the landlord fails to provide timely notice, the occupant's lawful tenancy shall continue under the existing terms of the tenancy from the date on which the landlord gave actual written notice until the notice period has expired, notwithstanding any provision of a lease or other tenancy agreement to the contrary.

How long does it take to receive rent payment from a lessor?

New law: If a lessor, or an agent of a lessor authorized to receive rent, fails to receive payment for rent within five days of the date specified in a lease agreement, such lessor or agent shall send the lessee, by certified mail, a written notice stating the failure to receive such rent payment. (P46 L45)

Can a landlord recover attorney fees?

New law: A landlord may not recover attorneys' fees upon a default judgment. (P46 L15) What it means: Pretty self-explanatory, if a tenant fails to appear in court for eviction and a default judgment is made in the Landlord's favor, the Landlord may not attempt to recover any attorney's fees.