New York City guarantees protections from unlawful evictions, discrimination, and uninhabitable living conditions for all tenants, regardless of immigration status. However, not every tenant is aware of their rights.
In our Spanish WhatsApp Newsletter, Documented Semanal, members shared experiences where they left their apartments due to lack of awareness about their eviction protections. In some cases, this has led to loss of furniture and belongings. Here are the answers to the most commonly asked questions Documented received.
Protection against discrimination
Under the Fair Housing Act, New York City law and federal law prohibits discrimination and provides protections for equal access to housing for all people, regardless of whether or not they are U.S. citizens. A landlord cannot ask if you are a citizen or charge you a higher rent than listed for having a temporary immigration status or for being foreign born.
A landlord cannot discriminate against you based on which identification documents you choose to use. For example, if you use a temporary work permit or a visa to prove your identity, the landlord cannot ask for other forms of identification due to its expiration date.
If the landlord says he/she prefers to rent it to U.S. citizens or permanent residents only, it is considered discrimination.
Additional discriminations that can take place while looking for housing include:
- Actual or perceived race
- Age
- National origin
- Citizenship status
- Sexual orientation
- See the full list here.
Those who have been discriminated against can submit a complaint within one year of the incident with the Law Enforcement Bureau of the New York City Commission on Human Rights.
How to know if your eviction was unlawful or legal
“If you have been living somewhere for more than 30 days, you are entitled to be evicted through normal housing court eviction process,” Jonathan Fox, Director of Tenant Rights at New York Legal Assistance Group, said. He added that evictions without court orders from a judge are considered an illegal eviction.
Illegal evictions happen when a tenant, who has been living in a unit for more than 30 days, has a lease or has paid rent, is removed from their apartment without having a warrant for possession obtained through a judge’s order. If the tenant is illegally evicted, or locked out by the landlord, they can regain possession of the apartment by filing an Order to Court Show with the housing courts.
Can I be evicted for owing rent? If you are late on your rent, and have been unable to work it out with the landlord, the landlord must give you a written notice saying that they are planning to evict you. However, this does not mean that they can evict you. They still have to take you to court and only evict you with a judge’s order. A city Marshall is the only one who can ask you to leave the premises with the court order.
Fox reiterated that tenants should not leave their homes unless they receive the order from the judge. “If you leave, you voluntarily vacate the unit,” he said.
Call 311 and ask for a Tenant Helpline to get a free lawyer if you believe you have been unlawfully evicted.
Can you get legal assistance in housing court?
The city’s Right-to-Counsel law provides tenants facing eviction in Housing Court free legal representation and advice throughout the five boroughs. This applies to all eligible tenants, regardless of immigration status. Having a lawyer can significantly impact a case as they can help tenants navigate the legal system and access additional protections. The courts also have interpreters to aid people who speak other languages.
To find a lawyer, visit the city’s legal assistance page for tenants or call 311.
Know your landlord
Fox said that sometimes the person renting an apartment might not actually be the owner of the building and could be a tenant that is subletting part of a unit in an apartment. When subleasing occurs, the tenant (lessee) asks the landlord for permission in a written agreement to rent part of the unit to someone else, a sublessee.
Sometimes subleases occur without the knowledge of the owner of the unit. Fox recommends everyone to look up who the owner of the unit is if you have to file a case in housing court.
The website Who Owns What provides the information of the landlord by entering the address of the building, and also shows any 311 complaints that the building has received.
Visit this link to know who owns the property.
Recovering your security deposit
At the start of a lease agreement, landlords may collect a security deposit that cannot exceed one month’s rent. The deposit serves as a guarantee for the landlord to cover unpaid rent or repairs for any damage to the unit during the tenancy.
In New York City, landlords are required to deposit the security deposit in an interest-bearing account and return it at the end of the lease. If the landlord uses the deposit for unpaid rent or to repair damages, they must provide an itemized list of the deductions.
According to the news site, The City, if the landlord charged more than one month’s rent for the deposit or failed to pay it back, tenants can contact the state Attorney General’s Office by filling out a form to remedy the situation.
More information on how to recover your security deposit.
Did you know that you could also earn interest on your deposit? If your money is kept in an interest-bearing account, you might be entitled to the interest that accrues. More information here.
Warranty of Habitability, a.ka., repairs and maintenance
Under Warranty of Habitability, all landlords must maintain a unit that is deemed livable and safe. This includes free of roaches, having hot water, heat, fire escape, ventilation, electricity, a good roof, and other requirements. This requirements are for inside the unit and in public spaces, like hallways, stairs, elevators, and more. See the full list of services and requirements that the landlord must provide.
The law also requires the landlord to complete repairs to ensure the safety and habitability of the unit. Tenants are encouraged to ask for repairs. If the landlord violates any of the requirements listed in the Warranty of Habitability, the tenant can initiate an HP Action, Fox said.
The HP Action, or Housing Part, is a legal proceeding that enforces the repair and maintenance obligations of landlords after a complaint has been submitted. Learn more about starting an HP action here.
Also Read: Everything You Need to Know About Fire Safety and Rental Rights
