HOUSING

Application Fees

New York State regulates fees for apartment applications. A landlord or its agent may not charge any fee to apply for an apartment. If a landlord pays a fee to conduct a credit or background check a landlord may require a payment of up to but not more than $20 per person to cover the cost of a background or credit check. The landlord or agent is required to provide the applicant with a copy of this background check [NY RPP § 238-a(1)(b)] If you have a background or credit check performed within the last 30 days the landlord must accept this in lieu of any fee. [NY RPP § 238-a(1)(b)]

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Blacklists and Discrimination 

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Housing discrimination is against the law. Individuals are protected against housing discrimination on the basis on race, color, national origin, religion, sex, familial status, disability, age, marital status, military status, sexual orientation, gender identity and expression, and source of income. [Federal Fair Housing Act of 1968 & New York Human Rights Law]

If you think you are denied an apartment because of your race, color, national origin, religion, sex, family status, disability, age, marital status, sexual orientation, gender identity or expression, and source of income.  Contact the NYS Fair and Equitable Housing Office
    Toll free (888) 392-3644
    TDD/TTY (718) 741-8300
    https://hcr.ny.gov/file-fair-housing-complaint

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You can not be denied an apartment if you had a previous tenant-landlord dispute or a prior or pending eviction. This means no blacklists. A landlord or broker cannot refuse to rent to you due to a prior or pending eviction or other landlord-tenant dispute. A landlord can be fined up to $1,000 for denying an application due to prior eviction. [NY Real Property Law §227-f]

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You can not be denied an apartment if you are a victim of domestic violence.  [NY RPP § 227-d]

Security deposits are a common requirement. Your landlord may require a security deposit but NYS law regulates how security deposits work. A security deposit is limited to no more than one month’s rent. [NYS GOB § 7-108(1-a)(a)] . A landlord cannot charge any additional security for any reason, including a dog or animal deposit.

• Note: If you rented an apartment before July 14, 2019, when the NY Housing Stability & Tenant Protection Act of 2019 was passed, your security deposit may be greater than one month’s rent. The landlord does not need to return the difference above your current rent and can continue to hold the complete original amount as a security deposit. All other rules about security deposits still apply.

 

A security deposit is the tenant's money, held by the landlord in case of damages or unpaid amounts and can only be reconciled at the end of a tenancy. There are common misconceptions about security deposits. NYS law regulates specifically how they can be used. This means:

• If you are short on rent you cannot use your security deposit to pay rent.

• If you are moving out you cannot use the security deposit as your last month's rent. You must still pay the rent and expect your security deposit back after you vacate the rental.

• If you do not pay the last month's rent a landlord can still charge a late fee.

 

If your building has six or more units in it the landlord is required to put your deposit in an interest bearing account and pass the interest on to you at the end of your tenancy. [NYS GOB § 7-103] The landlord can retain up to 1% of interest as an administration fee. If your unit is in a building with 5 or fewer units your deposit is not required to earn interest.

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When you move out of your apartment, your landlord must refund you your complete security deposit or send you a statement specifying any and all deductions from your security deposit if not returned in full. A landlord may use the security deposit as a reimbursement for any unpaid rent or the reasonable cost of repairs beyond normal wear and tear.The landlord must do this within 14 days from the day you moved out. [New York General Obligations Law § 7-108(1-a)(e)]

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If you have not received your security back 14 days after moving out the NYS Attorney General's office can help you get your security deposit back. See: NY Attorney General Rent Security Complaint Form.

A lease is a contract between a landlord and a tenant that contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree.It is possible and legal to rent an apartment with only a verbal agreement. Verbal leases cannot be longer than one year at a time. If you want to commit to an apartment and guarantee your tenancy for more than one year, you must have a lease in writing.

 

A written lease protects both the landlord and the tenant by outlining all expectations and responsibilities.It is difficult to enforce any items agreed to in a verbal lease therefor it is recommended to always have a lease in writing. A written lease protects both the landlord and the tenant.

 

If the apartment or rental unit is within the City of Kingston, a tenant is required to accept a written lease if the landlord offers one in good faith [CoK LL 1-2022] You have the option to review the lease beforehand and have an attorney review it as well. 

 

You should always read a lease carefully and make sure you agree or understand everything. A lease is required to be written in clear, coherent manner using common words with everyday meaning. [General Obligations Law § 5-702]

 

Leases that contain provisions that are unlawful in the State of New York are not enforceable either partly or in full.

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At a minimum, leases should identify the premises, specify the names and addresses of the parties, the amount and due dates of the rent, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties. A landlord must state in a lease if there is a sprinkler system in the building and if a sprinkler system is installed, and state the last time it was inspected and maintained [RPP § 231-a. Sprinkler system notice in residential leases]

 

Lease renewal

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What happens when your lease term is over is different if you live in the City of Kingston or not. 

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If your rental unit is not in the City of Kingston

• If you live outside the City of Kingston a lease is over at the end of its term. A landlord is not required to renew a lease at the end of the term and can tell you to leave. If you want to renew you should have this conversation with the landlord before the term is over. There are requirements for notification if a landlord does not want to renew a lease, (see notification requirements below). If you want to stay in the apartment, there are a few options.

  • You can sign a new lease for a year or more, or a month-to-month written lease.

  • If you continue to pay rent, leases automatically become month-to-month leases at the end of the term. All other provisions of the previous lease remain in effect.

• Notification requirement to not renew a lease.

  • If you have a term lease, this is any lease more than one month, typically a year lease. The lease will have a term end date. If the landlord does not want to renew the lease they can expect you to move out at the end of the term. If you live in the City of Kingston different rules apply, see above.

  • If you have a month-to-month lease or verbal lease there are notification requirements. A landlord must notify you in writing of their intention to not renew. [NYS RPP 7 § 226-c]

  • If you live in the rental for less than one year you must get 30 days notice

  • If you live in the rental for more that one year but less than two years you must get 60 days notice

  • If you live in the rental for more than two years you must get 90 days notice

 

If you live in the City of Kingston, a landlord cannot refuse to renew a lease at the end of its term for any reason. This includes the sale of a building. If you want to stay in your housing continue to pay your rent and abide by the terms of the existing lease. [CoK LL 1-2022]

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Paying your rent

A landlord cannot accept more than one month’s rent at a time. A landlord cannot ask you to pay last month's rent or prepay any amount above one month's rent. Do not offer to pay multiple months in advance as it is unlawful for your landlord to accept advance rent payments. [NYS GOL 7-108(1-a)(a)]

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A landlord can give you multiple options on how you can pay rent. No matter how you pay, you can always request a receipt and the landlord is required to give you one. If you pay cash, it is highly recommended that you get a receipt. [NY RPP § 235-e]

A landlord can give you the option to pay by an electronic method but cannot require you to do so and must provide other options [N.Y. RPP. §235-G. Electric Billing or Payment of Rent]

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Late fees

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You can only be charged a late fee if your rent is at least 5 days late. The late fee is capped by law at 5% of your rent, or $50, whichever is less [NYS RPP § 238-a]

 

What if I can't make my rent payment?

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If you are unable to make your rent payment there may be a number of options.

• You may qualify for some type of rental assistance

• Contact your landlord. If the situation is temporary, your landlord may be willing to give you some extra time, so be kind and communicate. If you have been a good tenant it is in the best interest for a landlord to work with you until you are back on your feet. The landlord has no legal requirement to do this but it is in the best interest of all parties and the community.

• Your landlord must go through a specific procedure to legally remove you from your rental; this includes bringing a court proceeding and obtaining a judgment of possession. A landlord cannot demand you leave by force or unlawful means or lock you out or remove your belongings without completing this procedure. Only the Ulster County Sheriff can remove you from your rental and you will have received notification from the court that this will happen in advance of the eviction. You have up until this time to pay your rent in full to cancel an eviction for non-payment.

 

Do not ignore any notices you get from your landlord or a court

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If your rent is more than 5 days late, your landlord may send you a 14-day rent demand. This is a certified letter that states you have 14 days to pay the rent. If you can do so, pay the rent.

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If rent is not paid at the end of the 14 days, the landlord may proceed with an eviction case in court. You will be notified of the court date. If you live in the City of Kingston you may have additional defenses for protection against eviction in court under Good Cause eviction [CoK LL 1-2022]

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Increases in rent

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A landlord may increase the rent only once per calendar year or at the renewal of your term, whichever is longer.

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A landlord may increase the rent once in a year up to a 5% increase with no other restrictions or notices. If a landlord wants to increase the rent more than 5% over the current rent there are two options.

• For all rentals NYS law requires the landlord notify the tenant in writing of rental increases above 5%: [NYS RPP 7 § 226-c]
   

  • If you live in the rental for less than one year you must get 30 days notice        

  • If you live in the rental for more that one year but less than two years you must get 60 days notice        

  • If you live in the rental more than two years you must get 90 days notice
     

• If the rental is within the City of Kingston local law protects a tenant from an eviction due to non-payment if the rent was increased more than 5%. The law allows provisions for increases above 5% only if significant investment in the unit or building was required to maintain the warranty of habitability. Documentation of these investments and their needs must be presented to a judge during an eviction hearing and only a judge can assess if they are warranted. If a tenant believes a rent increase above 5% is unconscionable it is their right to withhold increased rent payments and require a landlord to follow the eviction process in order to make an argument for the increase to a judge. [CoK LL 1-2022] Unfortunately the way the law written the defense for unconscionable rent increase is only enforceable during an eviction proceeding. This means that an eviction case will have to be brought by the landlord against the tenant in order for the tenant to legally use this protection in defense. Since the law allows for this protection it is best that landlords understand that tenants have this defense and do not bring an eviction case without good cause. If the landlord does not have good cause the judge should reject the eviction case

Warranty of Habitability

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Under the Warranty of Habitability, tenants have the right to a livable,safe and sanitary apartment, a right that is implied in every written or oral residential lease. Breaches of habitability include severe infestation of vermin, failure to provide heat and hot water for extended periods, presence of lead-based paint, and defective plumbing service. If a landlord is found to breach the Warranty of Habitability, a judge may find that a tenant does not have to pay rent to a landlord or may decide that any rent arrears are reduced. This is specifically supported in NYS law: The owner shall keep all and every part of a rental property and the lot on which it is situated in  good  repair, clean and free from vermin, rodents, dirt, filth, garbage or other things dangerous to life or health [NYS Multiple Residence Law § 174]

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Building requirements

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If a unit includes hot water, heat, light, power, elevator service, telephone service or any other service or facility, these facilities must be kept in place the whole time the unit has a tenant. If a landlord fails to provide any of these things if they were included in a lease or oral agreement it is a violation. [NY RPP § 235. Wilful violations.]

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Lighting

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In a building with multiple units, entrances, stairways and common halls must be sufficiently lit at night, from sunset to sunrise. The owner is responsible for installing and maintaining lighting in these areas [Multiple Residence Law § 109]

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Heating

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Every building must be equipped with a heating system that can, at a minimum, supply heat from October 1st through May 31st. If this is a centralized building heating system or the landlord supplies heating, it must be operational between these dates. [Multiple Residence Law § 173]

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Water

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A Building owner must supply water 24 hours a day. Hot water must be supplied from 6am to midnight. [NYS Multiple Residence Law § 170]

 

Smoke Detector

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All multiple dwellings, whenever constructed, shall have in each unit a functioning smoke detectors within 10 feet of any room where someone sleeps that meets fire code requirements and that the tenant can check for operation. [Multiple Residence Law § 15]

 

Quiet enjoyment

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Quiet enjoyment, like the Warranty of Habitability, is a covenant included in every rental agreement whether explicitly stated or not. The covenant promises that the landlord will not do anything to interfere with a tenant’s reasonable use and enjoyment of their leased premises, and that you will ensure that a tenant’s use and enjoyment of the property will not be disturbed.

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Quiet enjoyment includes various tenant rights, such as the right to exclude others from the premises, the right to peace and quiet, the right to clean premises, the right to basic services, such as heat and hot water, and the right to reasonable access. Common violations of the covenant of quiet enjoyment include failing to resolve nuisances or damages that deprive tenants of the use of their space.

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Rental unit registration

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All rental units in the City of Kingston are required to be registered by the landlord with the City and inspected every 24 months (2 years). [CoK LL 3-2004]  As a property owner you must register your building with the Department of Building Safety. (845) 331-1217 or buildings@kingston-ny.gov The registration form can be found here. In addition, all rental units within the City of Kingston whose property owners live outside Ulster County must designate a local agent

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Local Agent.

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Building owners that own a rental property within the City of Kingston but live outside Ulster County must designate a local agent to tend to the property on their behalf. This agent must be registered with the City of Kingston and contact information furnished to tenants. [CoK LL 3-2004]

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Lead Paint

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Any structure built before 1978 almost certainly contains lead paint. Consumption of lead paint or dust is harmful to the human body, especially for children, infants and pregnant women. Children under the age of 6 can undergo serious neurological damage due to exposure or consumption of lead. Even though lead may exist in the building, it is not necessarily dangerous if the property is well maintained. Problem areas are chipping paint, old windows and certain types of old flooring. A landlord is required to maintain a property in good condition or have lead remediated by an EPA certified RRP professional. A landlord is required to give all tenants that move into a building built before 1978 a copy of the EPA’s guide “Protect Your Family from Lead in Your Home” The Landlord must also retain a record including signature from the tenant that the tenant has received the lead disclosure information [EPA information for landlords]. More information about lead exposure can be found on the EPA’s website at epa.gov/lead

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Removing a Tenant

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A landlord must follow specific rules for handling a tenant that has not paid or acted in bad faith. This includes the formal eviction process through the court system. Only a Sheriff’s deputy can evict a tenant at the order of a court. Trying to remove or force a tenant out on your own is unlawful and is a misdemeanor crime in the State of New York. Actions such as removing doors, changing locks, and removing furniture are illegal. An effort to use these and other tactics to unlawfully remove a tenant is a Class A Misdemeanor.

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Removing a Tenant - Good Cause Eviction, City of Kingston

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In the City of Kingston, Good Cause Eviction legislation provides additional housing security to Kingston tenants and limits the grounds upon which a landlord can evict a tenant. The legislation outlines defenses tenants can use to prevent an eviction without “good cause.”

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A good cause for eviction is defined as a tenant that:  

• Fails to pay rent, as long as the money due is not the result of an "unconscionable" rent increase;  

• Violates a legal obligation of their tenancy;  

• Commits a nuisance or damages property;  

• Permits illegal activity;  

• Unreasonably refuses a landlord access to the housing for necessary repairs or to show the housing to a prospective buyer;  

• Must vacate the property because a landlord seeks in good faith to take back housing for personal use; 

• Refuses in bad faith a written lease which the landlord offered in good faith.

 

The legislation requires landlords to justify any rent increases over 5% before a court will order an eviction for past-due rent.

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As a landlord, you must prove one of the above grounds for a legal eviction of a tenant before a judge. Only a judge will decide if an eviction is for a good cause.

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Retaliating against a tenant

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It is unlawful to take any measures to retaliate against a tenant that has made a good faith complaint. This includes complaints to the landlord, landlord's agent or any governmental authority such as a building department or department of health. A landlord can be held liable for civil penalties, attorney fees, costs and appropriate relief for retaliatory measures against a tenant.  [NYS RPP §  223-b ]

It is your responsibility as a tenant to maintain the rental in a clean and good condition. [NYS Multiple Residence Law § 174] If you have a written lease there may be specific requirements in your lease about maintenance or tenant responsibilities that each tenant should read carefully. If you don’t understand a provision in a lease, ask for clarification. Remember leases must be written in clear and understandable language and that you should not sign a lease you do not understand.

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These items by default apply to all rentals and violation of these responsibilities may be grounds for eviction:

• Do not leave refuse or items in common hallways or outside other than in designated areas.    

• It is unlawful to disable any fire or smoke alerting device. Do not remove the batteries from, cover or otherwise disable any smoke, fire or carbon monoxide detector.    

• Do not engage in any illegal activities in the rental or on the property.    

• If the rental or property is a non-smoking property by declaration in a lease or a sign placed by the landlord, do not smoke in or around the premises. This may also apply to vaping devices or e-cigarettes.   

• Do not allow any pets not approved by the landlord.

• Do not flush anything other than human waste and toilet paper down any drain or toilet.

• Do not obstruct or cover any windows or doors used for egress.

• Do not create any repeated loud disturbances that could be considered a public disturbance or infringe on the quiet enjoyment of your neighbors or other tenants. (including but not limited to repeated loud music, parties, or loud cars)
   

If your landlord finds activity that warrants removal from a rental unit, you will receive a 10-day notice to correct. This letter will tell you the issues with your use of the rental and provide a timeline to correct the issue. If the issue is not corrected within the 10-day period, you will receive a 30-day notice to quit. This is a notification that your landlord intends to terminate your tenancy due to an issue in your use of the rental. You can leave on your own within 30 days. If you stay in the rental beyond 30 days, the landlord may begin an eviction process in court.

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Warranty of Habitability

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All residential rentals include by default a Warranty of Habitability from the landlord. This means the tenants have the right to a liveable, safe and sanitary home. If conditions that cause the rental to become inhabitable are caused by the tenant or any guest of the tenant, it does not create a breach of the Warranty of Habitability from the landlord. In this case it is the tenant’s responsibility to remedy the cause. [Real Property Law §235-b] If you believe that your landlord is violating your Warranty of Habitability, give notice in writing to your landlord regarding the defective condition in your space.

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In extenuating circumstances, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs and copies of all communications with the landlord about the repairs.

 

Fire prevention and Safety in your rental unit

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It is the responsibility of both the landlord and the tenant to make sure rental units are safe, fires are prevented and occupants can get out in the case of fire or other emergency. As a tenant there are a few things that must be done, in the event of a fire or injury you could be held liable for violating any of these provisions:

• Make sure paths are clear to all doors and windows used for egress

• Do not leave candles or any other flame source lit unattended

• Do not remove batteries or otherwise disable a smoke or fire detection device

 

All rental dwellings of more than one unit must include a smoke detector within 10 feet of any room where someone sleeps. Landlords must install these smoke detectors but it is the responsibility of a tenant to ensure fresh batteries are kept in the smoke detector.  [Multiple Residence Law § 15]

 

All rental units in the City of Kingston are required to be registered by the landlord with the City and inspected every 24 months (2 years). (CoK LL 3-2004)  Your landlord should notify you of this inspection. An inspector with the City of Kingston will do the inspection, this inspection is not done by the landlord. If your unit has never been inspected, contact the Department of Building Safety. (845) 331-1217 or buildings@kingston-ny.gov to confirm a proper fire safety inspection has been done.

 

A note on Absentee landlords. All rental units within the City of Kingston whose property owners live outside Ulster County must designate a local agent to tend to the property on their behalf. This agent must be registered with the City of Kingston and contact information furnished to tenants. [CoK LL 3-2004]

 

Rights during eviction

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A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession; and only a sheriff, marshal, or constable can carry out a court ordered warrant to evict a tenant. The landlord must give the tenant a reasonable amount of time to remove all belongings and any cannot retain a tenant’s belongings. 

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If you lose a housing case and the judge orders your eviction, you can ask the court for up to one year to move if you can show that you cannot find a similar apartment in the same neighborhood. This decision is up to the judge’s discretion.  

When it comes time for you to move on from your current rental, there are a few things you should know.

• If you have a written lease you can move out at the date the term expires, you are not required to stay longer than your term. 

• If you need to leave your apartment or other rental home before your lease term ends, you may be liable for rent through the end of your term. NYS law requires a landlord to make a good-faith effort to fill the vacancy. If the landlord finds a new tenant and the new tenant’s rent is equal or higher to your rent, your lease is considered terminated and you are no longer liable for the rent. If your landlord cannot fill the apartment, you may be liable for rent until the end of the term. If this is a month-to-month lease that term ends at the end of the month. If it is a term lease the term ends on the date stated.

• If you or your spouse is age 62 or older and need to terminate your lease due the need to move into an adult care facility or other supportive housing, you are entitled to terminate your lease early. [Real Property Law §227-a(1)]

• If you are a victim of domestic violence you may be able to terminate your lease early with no penalties or additional liabilities [NYS RPP §  227-c Termination of residential lease by victims of domestic violence]

 

For information on getting your security deposit back, see the section on security deposits.

Transfer of building ownership

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When a building is sold and ownership is transferred leases are transferred to the new owners as well. A landlord is required to either transfer any security deposits held to the new owners or refund them to the tenant within 5 days of the sale of a property.

 

A landlord is required to notify all tenants via certified mail the name and address of the new owner.

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If you live within the City of Kingston a landlord may not cancel your lease due to the sale of a building even if your lease is expired or expiring soon.[CoK LL 1-2022] See the section of this guide on lease renewal for more information.

If you are experiencing a landlord/tenant conflict in the City of Kingston, you can get free and confidential assistance from a trained, neutral mediator. A mediator can help resolve your conflict without having to go to housing court. During a mediation session, you will sit down with the other party and a mediator will help you find common ground. Mediations can be virtual or in person. Mediation is a voluntary and free process.
To get started, contact the Dispute Resolution Center (DRC) by submitting an intake form (https://www.drcservices.org/request-for-mediation/) or calling (845) 372-8771 x 5001. DRC will manage the intake process, provide the mediation session, and monitor case follow up. If an agreement is reached during the session(s), both parties will sign a written agreement outlining next steps. DRC can follow up to see how the agreement is working. The agreement is not a legally enforceable contract unless signed by a Judge.
Mediation does not replace housing court, but it can be a valuable first step to help both parties reach an agreement with the help of a trained mediator. If mediation does not work, tenants and landlords are free to proceed with the appropriate next steps, including taking their case to housing court.

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More information at: www.drcservices.org/kingston-housing-program

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City of Kingston Landlord-Tenant Mediation Program Fact Sheet

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This program was coordinated by the City of Kingston's Office of Housing Initiatives

​City of Kingston Local Law 1-2022

PROHIBIT EVICTIONS WITHOUT GOOD CAUSE

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Legal Services of the Hudson Valley 

1-877-574-8529

www.lshv.org/program/housing-unit

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New York State Attorney General

Hotline: (800) 771-7755

Hearing/Voice Impaired: (800) 416-8300

ag.ny.gov

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Residential Tenants Rights Guide by the Office of the NYS Attorney General

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NY Attorney General Rent Security Complaint Form.

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Dispute Resolution Center

(845) 372-8771 x 5001

​​​www.drcservices.org/kingston-housing-program

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RUPCO

845-331-2140

rupco.org/paying-rent

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FAMILY of Woodstock

If you've got a problem, Contact our hotline before it becomes a crisis:
Call 24/7 or Text to  845 679 2485
familyofwoodstockinc.org

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City of Kingston's Office of Housing Initiatives

(845) 334-3928

kingston-ny.gov/housing

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The Real Kingston's Tenant Union

(845) 481-0087

www.facebook.com/TheRealKTU/

kingstonnytenantsunion@gmail.com

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Ulster County Coalition for Housing Justice

ucchj.squarespace.com

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These letters are designed to help a tenant state their intentions to a landlord and inform the landlord of the tenants rights during this process. Please make sure you read through this whole handbook, understand your responsibilities and rights. If you feel you are unjustly being pushed out of your housing these letters may help you make a case to your landlord. Remember to always be kind despite the high tension that can occur in these situations. This interaction can be stressful, that's why we put together this information in order to help you know the facts.

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If you live in the City of Kingston please take advantage of the mediation services available.

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Form Letters

Letter to landlord stating intent to remain in unit

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Mailings

Letters to tenants in buildings for sale

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Letter to landlords/agents of buildings for sale