New York Landlord Rights
In New York City and a few other communities (primarily in Nassau
County, Rockland County and Westchester County) rent stabilization laws
apply to landlords. Under these laws, New York landlord rights are
dramatically affected, because landlords may not charge more than the
legal-regulated rent. Under NY State housing law, landlords must
register each rent-stabilized apartment building and individual
apartments and provide tenants with an annual copy of the registration
statement. Be aware, all tenants may request a copy of the rent history
for their apartment directly from the State of New York (DHCR).
New York Landlord Rights
Tenants are permitted to challenge rents and collect overcharges
during the preceding four years. Tenants may also recover interest,
costs and attorney's fees associated with overcharges and reimbursement.
In addition, if a landlord willfully overcharges tenants, tenants may
also collect a penalty equal to two times the amount of the overcharge,
plus the amount of overcharge. Because this penalty is in the nature of
a fine, it is not dischargeable in bankruptcy court.
The US Bankruptcy Code generously incorporates New York
State statutory laws into the administration of Chapter 7 liquidation, Chapter 13
plans,
and Chapter 11 reorganization cases. The application of State Law in
Federal Court is essential for resolving legal issues pertaining to the
ownership of property, debtor and creditor rights, employment law and
employee rights, enforcement of judgments, determinations of liability,
family obligations, and many more individual rights when dealing with
large corporations. Each year, as the State Legislature in Albany enacts
new statutes, or amends existing statutes, the ripple effect impacts all
New York citizens' rights in Federal Bankruptcy Court.
Frequently, the enactment or passage of New York State statutory law affects
procedural requirements followed by New York Bankruptcy Courts. In particular,
changes in procedural rules and requirements change how assets are considered
in scheduled classification, and how liabilities may be discharged. A few of these
changes recently include:
- New York State banking law section 678
- New York State gun control laws
- Foreclosure law in New York State
- NY state traffic laws, New York State child safety seat law, New York State car seat laws
and VTL, New York State vehicle & traffic law.
- NY state labor laws favored by New York complex litigation lawyers.
Back to New York State
Statutory Law information index.
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