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).
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. /p>
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:
Back to New York State Statutory Law information index.