Understanding Tenant Harassment, Retaliation and Lease Buyouts in New York

We are increasingly approached by landlords and tenants about issues of harassment, with landlords seeking to avoid accusations of doing so, and tenants seeking relief from what they believe is abusive and retaliatory behavior.  These issues are often emotionally charged, with tenants claiming deliberately neglected property upkeep and high pressure attempts to accept either a lease buyout or significantly higher rent, while landlords cite the need to cover the increasing carrying costs for heat, taxes and maintenance.  Both sides are often unaware the rules around what actions are permissible in pursuit of their respective interests.  This is a broad overview of harassment rules governing common landlord tenant issues.

New York protects tenants from retaliation and harassment from landlords.  If a tenant makes a good-faith complaint to the landlord or a government agency about issues such as health and safety violations, habitability problems, or lease rights violations, the landlord cannot retaliate.  Under the law, retaliation includes altering rental terms or bringing an eviction case within a year of the complaint without valid reasons.  If the eviction case is brought within a year of a complaint, the eviction proceeding will be terminated if the landlord cannot demonstrate a legitimate basis for the action.  An eviction will be considered legitimate if there are legitimate grounds for the action, such as the tenant is creating a nuisance for other tenants, is destroying the property, or refuses to provide landlord access during weekday business hours to make the repairs requested by that tenant.  Ultimately, the facts and circumstances of each case will determine whether the landlord’s action constitutes harassment, and whether a particular eviction proceeding is retaliatory.  

Generally, these anti-harassment rules apply to all tenants except those living in owner-occupied dwellings with fewer than four units.  Tenants living in rent-regulated apartments, and tenants in the five boroughs of New York City have additional protections.   The rent-regulation laws define harassment as conduct by a landlord that directly or indirectly interferes with, or is intended to interfere with, your privacy, comfort, and enjoyment of your dwelling, and provides a hotline where complaints can be filed New York State Department Homes and Community Renewal (HCR).  In New York City, the Housing Maintenance Code (HMC) defines harassing conduct, which includes various actions such as threats, property destruction, false information about rent regulations, and discontinuation of essential services. Landlords are also restricted in offering buyouts to tenants and must provide specific written offers with certain information.

More specifically, the HMC prohibits:

1.       Using force or threatening to use force against a tenant.

2.       Damaging or destroying a tenant's property.

3.       Providing false or misleading information about whether a unit is subject to rent stabilization or control.

4.       Stopping essential services like heat or hot water.

5.       Neglecting to fix hazardous conditions such as mold, lead paint, or dust and debris.

6.       Falsely claiming that a hazardous condition has been fixed.

7.       Starting court proceedings against a tenant without a valid reason.

8.       Changing a tenant's front door lock without giving them a new key.

9.       Refusing to offer or renew leases in an attempt to force tenants out of their units.

Tenants who believe they are being harassed can file an HP proceeding in New York City Housing Court. This involves completing forms, paying a fee (which can be waived based on financial need), serving court papers to the landlord, and attending a court date with evidence of harassment. If harassment is proven, the court can order the landlord to cease harassment and impose civil penalties.

Landlords who wish to buyout a tenant’s lease can avoid violating anti-harassment rules by ensuring the offer is in writing, and that it includes:

1. The purpose of the contact, explicitly stating it's on behalf of a landlord

2. The tenant’s right to consult with a lawyer for advice regarding the buyout

3. The tenant’s option to reject the buyout and continue residing in their current home

4. The tenant’s right to inform the landlord in writing of the desire not to receive further buyout offers, and upon receiving this notification, the prohibition against further buyout communications for 180 days unless the tenant or a court grants permission

5. Additional information about local rents to aid in your decision-making process

6. A statement acknowledging that accepting a buyout might necessitate relocating to a different neighborhood

7. It should also highlight how your personal circumstances, such as employment status or credit history, might influence your ability to secure another apartment.

Both landlords and tenants should seek professional legal advice when issues of tenant harassment, retaliation and lease buyouts arise.