New York Tenant Self-Help Clause

State:
Multi-State
Control #:
US-OL1003
Format:
Word; 
PDF
Instant download

Description

This office lease clause is describes the self-help right that can be exercised only after a long term notice in an emergency, as well as in a non-emergency. The tenant needs to illustrate rationale and the underlying basis for a utilization of self-help as well as the reasonableness of the charges for which the tenant is seeking reimbursement.

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FAQ

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.

In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

The Tenant Safe Harbor Act (TSHA) protects tenants and lawful occupants from eviction if they cannot pay their rent. Some people do not have traditional employment or may have other sources of income which are hard to prove.

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.

Quiet enjoyment is an implied provision ? an invisible clause ? that imposes an obligation on the LANDLORD to benefit the tenant/lessee. The covenant requires the landlord to provide the tenant/lessee with ?quiet and peaceable? possession of the leased premises.

Examples of illegal "self-help" evictions include changing the locks, taking the tenant's belongings, removing the front door, or turning off the heat or electricity. Many states specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure.

Yes, the State of New York has introduced the ?winter moratorium on evictions act of 2023? to prohibit residential evictions during the winter months. This act aims to protect vulnerable individuals and families from the negative consequences of evictions during cold weather.

New York State Law caps application fees at $20.00 or the actual cost of a background or credit check, whichever is less for all rental apartments. If you have a housing voucher and are asked to pay upfront fees or deposits of more than $20.00, this may be evidence of discrimination under the NYC Human Rights Law.

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New York Tenant Self-Help Clause