As a New York real estate attorney, i often get asked about NY Real Property Law 853 and Section 22. These two provisions are critical to understanding the relationship between landlords and tenants in New York. In this article, I will explain what NY Real Property Law 853 and Section 22 are, and what they mean for landlords and tenants according to the basic consensus of Queens real estate lawyers .
NY Real Property Law 853
NY Real Property Law 853, also known as the “warranty of habitability,” is a provision that requires landlords to provide tenants with a livable and safe environment. This means that landlords must maintain the rental property in a safe and habitable condition and fix any problems that affect the health and safety of the tenants. Some of the issues that landlords are responsible for fixing include:
- Lack of heat or hot water
- Plumbing and sewage problems
- Pests and vermin infestations
- Mold and mildew growth
- Electrical hazards
- Broken windows or doors
If a landlord fails to provide a habitable environment, tenants have the right to withhold rent until the issue is resolved. However, tenants must follow specific procedures to do so, including providing written notice to the landlord and giving the landlord a reasonable amount of time to fix the problem. If the landlord fails to address the issue, tenants can take legal action and seek damages.
Section 22 of the New York State Real Property Law governs the security deposits that landlords can collect from tenants. Under Section 22, landlords can collect a security deposit equal to one month’s rent for a lease term of one year or less. If the lease term is more than one year, the landlord can collect a security deposit equal to one month’s rent for the first year and 1/12th of the annual rent for each additional year. Landlords are required to return the security deposit to tenants within a reasonable amount of time after the lease ends. However, landlords can deduct from the security deposit for any unpaid rent or damages beyond normal wear and tear.
What NY Real Property Law 853 and Section 22 Mean for Landlords and Tenants
For landlords, NY Real Property Law 853 means that they must maintain their properties in a safe and habitable condition. Additionally, Section 22 limits the amount of security deposits that landlords can collect and outlines specific procedures for returning the deposit at the end of the lease. For tenants, NY Real Property Law 853 provides protections against living in unsafe and unhealthy conditions. Section 22 protects tenants from excessive security deposits and provides a framework for the return of the deposit at the end of the lease.
In conclusion, NY Real Property Law 853 and Section 22 are essential provisions for landlords and tenants in New York. As a New York real estate attorney, I highly recommend that landlords and tenants become familiar with these provisions to protect their rights and obligations under the law.
Aminov Real Estate Law Firm of Flushing, NY 147-15 Union Tpke, Queens, NY 11366 (347) 479-1808 https://aminovrealestatelaw.com/.