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Effective April 7, 2022, the New York statute of limitations for debt/rent collection lawsuits arising out of a consumer credit transaction is reduced from six years to three years.
Likewise, landlords may have the right to deduct damages from the security deposit, enter the rental property in emergency situations, and more. Some cities, such as New York City, have their own specific laws and regulations, so it's important that landlords check their local regulations.
Tenants may be able to file a lawsuit in a small claims court, the regular civil court, or with a NYC government agency such as the Housing Court. If a landlord turns your entire life upside down, you do not have to fight for justice alone. Morgan & Morgan can help you understand the legal process for getting justice.
Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.
While awaiting action on your rent reduction, call the New York City Citizen Service Center at 311 (TTY 212-504-4115) to reach the NYC Department of Housing Preservation and Development (HPD) Central Complaint Bureau, write by certified mail, return receipt requested, or online at www1.nyc.gov/311.
If you want to start an HP action against the property owner, go to the Clerk's Office at the Housing Court. You do not need a lawyer to start an HP case. For more information about HP actions, visit the website of the New York State Unified Court System.
If you are rent-controlled or rent-stabilized, you may file a complaint with NYS Homes & Community Renewal (NYSHCR) at .hcr.ny.gov. If your complaint is found to be valid, the landlord will be ordered to correct it. Application forms are available at my community office or your local HCR office.
Landlords can potentially take their tenants to court If damages are significantly higher than the amount of the security deposit, the landlord may be able to pursue civil action against the tenant for the remaining cost of repairs to the unit.