Tenant Rights in Long Island: What You Need to Know to Protect Yourself

Understanding your rights as a tenant is essential for protecting your home, well-being, and finances. In recent years, New York State has expanded legal protections for tenants against wrongful evictions, giving Long Island renters stronger tools to assert their rights and defend themselves. This article explains key tenant rights in New York State, how they apply on Long Island, and how you can use them to protect yourself from unlawful treatment or eviction.

Key Tenant Rights: How They Apply on Long Island

While most tenant protections are governed by New York State law, some local rules also apply to Long Island tenants. Here are the primary rights tenants should be aware of.

• The Right to a Safe, Habitable Home: Under New York’s warranty of habitability, landlords are responsible for all damages to the properties their tenants occupy and must maintain safe, habitable properties. This includes providing essential services, such as adequate heat and plumbing, addressing hazards like mold, and making timely repairs to maintain health and safety standards.

  • Failure to meet these obligations is a serious violation of the law, specifically state housing codes, and landlords who do not comply with the needs of tenants will be subject to legal action.

• The Right to a Walk-Through Inspection: Tenants can request a walk-through inspection with the landlord before occupancy and at the end of the tenancy. These inspections:

  • Help document existing issues, such as lacking services and prior damage, to avoid wrongful charges

  • Support the return of your security deposit

  • Should be conducted with the landlord when possible

• The Right to Return Your Security Deposit: New York State law regulates how much landlords can charge and how they must handle security deposits. 

  • Deposit Limit: A security deposit is equal to a month’s rent and a landlord cannot charge more than this amount of money.

  • Receipt Requirement: Landlords must provide a written receipt for the deposit when the tenant has moved into its landlord’s property. Tenants are entitled to a full refund of their security deposit unless the landlord provides an itemized account of lawful deductions.

  • Itemized Deductions: If any amount of money is withheld, the landlord must provide an itemized list of lawful deductions.

• The Right to Privacy: Landlords must provide reasonable prior notice and obtain consent before entering a tenant’s unit to inspect the property and provide necessary repairs or services.

  • All inspections and repairs must be scheduled at a time that is convenient for the tenant.

• Protection from Retaliation: Tenants are protected if a landlord evicts them or refuses to renew a lease in retaliation for asserting legal rights, such as requesting repairs. Some landlords retaliate against tenants and change the terms of their rental agreement after they have taken action to protect themselves and exercise their legal rights. Common ways they do this include:

  •  Not renewing a lease after it has expired

  •  Proposing a new lease with an unreasonable rent increase

  • Deciding to no longer rent to a tenant for a legally invalid reason

• The Right to Raise Retaliation as a Legal Defense: If a landlord tries to evict a tenant or change the terms of their rental agreement after the tenant filed a good faith complaint, the tenant may raise retaliation as a defense in court. Good faith complaints are made when landlords fail to maintain safe, sanitary, and habitable properties.

  • Tenants should keep written documentation of repair requests or other relevant communications to support their case.

• The Right to Protection from Discrimination: Landlords on Long Island are prohibited from discriminating against tenants based on race, creed, color, national origin, sex, disability, age, AIDS or HIV status, alcoholism, marital status and familial status.

  • For example, if a qualified tenant of color is denied a lease renewal or faces a disproportionate rent increase, this may constitute illegal housing discrimination. 

• The Right to Mandatory Services and Lease Renewals Under the Same Terms and Conditions As Their Leases (Nassau County): While most Long Island units are not rent-stabilized, some fall under local rent guideline boards. For example, Nassau County has local rent guidelines that limit the amount rent can increase annually for rent-stabilized leases. 

  • Landlords are legally required to provide the services written in the lease and renew the lease on the date written in the lease.

    
    

Expanded Legal Protections Against Wrongful Evictions

• Court Order Required

• Forceful Removal of Tenants and Lockouts Are Prohibited

• Notice Requirements Must Be Provided

• A ‘Good Cause’ Reason Is Mandatory for Eviction or Non-Renewal of Lease

1. Court Order Required

On Long Island, a landlord cannot evict a tenant without a court judgment. It is illegal to evict a tenant by yourself, such as by removing a tenant’s belongings or changing the property’s locks.

2. Forceful Removal of Tenants and Lockouts Are Prohibited

It is a serious legal violation to forcibly remove or lock out a tenant who has legally occupied a property for at least 30 days. This protection applies to renters who live in properties with and without a lease.

3. Notice Requirements Must Be Provided

Before initiating an eviction proceeding, you must mail your tenant a notice if rent is at least 5 days overdue. If your tenant has not paid it, then you must serve a 14 Day Rent Demand notice. Additionally, landlords must provide a notice at least 30 days in advance to terminate a tenancy with a month-to-month tenant.

4. A ‘Good Cause’ Reason Is Mandatory for Eviction or Non-Renewal of Lease

According to the Good Cause Eviction Law, landlords must provide a legally acceptable reason to evict a tenant or refuse to renew a lease. Valid reasons include:

• Nonpayment of rent

• Lease violations

• Property damage

• Staying in the property past the expiration of the lease

• Refusal to accept reasonable lease modifications 

  
  

Current Protections Against Security Deposit Regulations

• All Security Deposits Must Be Refundable

• Landlords Must Return Security Deposits Within 14 Days 

• Itemized Accounts with Deductions Required

• Severe Penalties for Noncompliance with Provisions

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1. All Security Deposits Must Be Refundable

A security deposit, which is an amount of money held by a landlord to cover violations of the lease caused by a tenant or a non-payment of rent, amounts to one month’s rent. According to New York State law, security deposits cannot exceed this amount and must be refundable to tenants.

2.  Landlords Must Return Security Deposits Within 14 Days 

According to the Housing Stability and Tenant Protection Act, landlords are obligated to return security deposits within 14 days of a tenant vacating the property. Additionally, they are required to provide a written receipt for deposits, including the amounts, date received, and their signatures.

3. Itemized Accounts with Deductions Required

Landlords must provide itemized accounts regarding the reason security deposits were retained and deductions. Failure to comply with this law results in a loss of portions of the security deposits, making it difficult to cover damages and pay rent.

4. Severe Penalties for Noncompliance With Provisions

It is a serious legal violation to not adhere to the new security deposit provisions. In New York State, landlords can be found guilty for punitive damages up to twice the amount of the security deposit if they fail to follow them.

Understanding how to protect yourself as a tenant requires an understanding of tenant rights, recent changes to current state legislation, and legal expertise. Whether dealing with a landlord who disrespects one of your renters’ rights, evicts you for a legally illegitimate reason, or fails to comply with current security deposit provisions, understanding your tenant rights can help you respond effectively to legal challenges. By understanding your renter rights as a tenant, legal protections against wrongful evictions, and security deposit regulations, you can better advocate for your needs and protect yourself.

Sources:

• Office of the New York State Attorney General. “Legal Services and Code Enforcement”. [https://ag.ny.gov/resources/individuals/tenants-homeowners/legal-services-and-code-enforcement]

• New York State Assembly. “Tenants’ Rights”. [https://nyassembly.gov/write/upload/req/tenants_rights_nys.pdf]

• Office of the New York State Attorney General. “Residential Tenants’ Rights Guide”. [https://ag.ny.gov/publications/residential-tenants-rights-guide#protections]

• New York Public Law. “Real Property Law Section 235-B: Warranty of habitability”. [https://newyork.public.law/laws/n.y._real_property_law_section_235-b]

• Office of the New York State Attorney General. “Changes in New York State Rent Law: What You Need to Know”. [https://ag.ny.gov/sites/default/files/changes-in-nys-rent-law.pdf]

• New York Courts. “Evicting a Tenant”. [https://nycourts.gov/courthelp/Homes/NYCevictingTenant.shtml]

• New York Court. “Illegal Lockouts”. [https://www.nycourts.gov/courthelp/Homes/NYCIllegal_lockouts.shtml]

Legal Clarity. “New York State Deposit Laws: Tenant Rights and Protections”. [https://legalclarity.org/new-york-security-deposit-laws-tenant-rights-and-protections/]