New York Tenant Background Check
New York Tenant Screening Background Checks
If you're an owner or landlord of one or more rental properties in New York, you are likely to be attentive to the care and maintenance of your rental properties. Being vigilant about conduting a New York tenant background check is vital. It is not enough to assume that someone is honest with the information provided when you visit an apartment or the documents that the applicant brings with them to verify that the information is valid. New York landlords should never take any written correspondence or copies that appear to be evidence of rental histories, such as a report on credit, background checks, employment verification, or bank statements. Fraudsters can make legitimate fake documents and convince the landlord to believe that accepting the applicant's document will cut down on time and cost. It's not the reality if you don't perform rigorous New York Tenant Screening Background Checks, the possibility that the person to who you are entrusting keys could be your worst nightmare.
It is essential to recognize that although a credit score is vital for providing information about the applicant's capacity to pay bills on time, it doesn't include eviction history or criminal record. Eviction History Eviction History is an essential informational background screening tool that could give a completely different picture than the one drawn in the mind of the potential tenant. Sometimes, applicants try to get an apartment immediately following the court hearing and believe that recent evictions won't be reflected in the New York eviction history check. The Koleman Group LLC provides you with the most current and trustworthy Eviction History Report and the complete and extensive New York Tenant Background Screening Checks you require.
This Past Address History will reveal the addresses of previous addresses that can be compared to the addresses previously listed by the applicants in an application. If previous addresses known to be present aren't included in the application, red flags must be raised. The reason why prospective tenants do not provide previous addresses is the possibility that the applicant was removed or caused damages to the building, is owed rent that is past due, or was arrested at the address previously used for committing illegal acts at the property.
A Criminal History is extremely important to be included when conducting Your New York Tenant Screening Background Checks. Perhaps you felt comfortable using your computer at home and searching for the local criminal records for the region where your New York rental properties are situated. However, you're likely to miss a wealth of information that could lead to contacting a previously convicted criminal to inform them of the happy information you've approved the application. Local criminal records provide only a small amount of information. Many of the local criminal records databases are municipal courts' court records that only contain misdemeanor charges. Include this Criminal History Search in your background checks is crucial to safeguarding your rental properties and ensuring the safety of your fellow tenants, your neighbors, and yourself. Find specific criminal records for your state or be more confident by conducting the Federal Search. To give you greater security, opt to add both the Terrorist Search and the Sex Offender Search options when you purchase the New York Tenant Screening Background Checks. Terrorists can use rental properties to store weapons or plot terrorist attacks. It is common for a suspect in terrorism to relocate from one location to another. Searching for terrorists is vital to ensure that you are certain that you don't let your property to known terrorists.
This Sex Offender Search will reveal whether the person has a record of sexual assault-related offenses. Sexual offenders can skip bail before their court date or engage in new offenses committed by sex offenders when they live in one of their New York rental properties. Suppose you complete rigorous New York Tenant Screening Background Checks. In that case, you're taking the essential steps to ensure that only the top tier of applicants rise the ranks while other applicants fall to the bottom after receiving the background screening results.
The Koleman Group LLC provides tenant screening background checks nationwide. Are you looking for a tenant screening report for another state in New York? Check out the tenant background checks page to know more about it.
New York Landlord-Tenant Law
If you have legal issues or questions about New York laws governing landlord-tenant, we strongly recommend consulting an experienced lawyer. Several state and local bar associations offer assistance with referrals that will assist you in finding an attorney. For further information regarding this article or anything else related to our service, check out our website.
New York Landlord-Tenant Laws:
N.Y. Real Prop. Law SSSS 220-238
Real Prop. Acts. SSSS 701-853
Mult. Dwell. Law
Mult. Res. Law
Gen. Oblig. Law SSSS 7-103-7-109
Security Deposit Limit: No statutorily designated restriction on security deposits in non-regulated buildings. However, residents living in New York City and in rent-controlled or rent-stabilized apartments across the state should review the local laws and regulations to determine whether they have local rules regarding security deposits.
Security Deposit Interest In the event that the rental property has at least six units, the landlord must store the deposit in a New York interest-bearing bank account and collect dividends on behalf of the tenant. New York GOL SSSS 7-103(2-a).
Different Security Deposit Bank Account: The landlord cannot mix deposit money with personal accounts. NY GOL SSSS 7-103(1))
pet deposits and Other Costs No Statute
Deadline for remitting security deposit: The landlord must return the security deposit to the tenant within the "reasonable time" following the time the tenant has turned over their rental home to the landlord (i.e., handed over the keys and moved out of the rental property). NY GOL SSSS 7-103 through 7-108. The word "reasonable" is interpreted differently across the various small claims courts of New York. In general, the "reasonable" timeframe will likely range between 21 and 45 days.
Record-keeping of Withholdings from Deposits: If the landlord places the security deposit into the bank, the landlord must disclose the address and name of the bank, as well as how much security deposits are. NY GOL SSSS 7-10 to 7-108.
Receipt of Deposit Once the security deposit has been transferred to a financial institution; the landlord must inform the tenant via written notice. NY GOL SSSS 7-10 to 7-108.
Transfer of Ownership of Property: Deposit must be transferred within five business days of the property's transfer. The landlord must inform the tenant through postmarked or registered mail with the address and name of the newly-acquired owner. NY GOL SSSS 7-105.
Lease, Rent & Fees
Lease Conditions: Leases must use words with common meanings and should be simple and logical. NY GOL SS 702.
Renewal Leases An tenant can renew their lease with the permission of the landlord and could be expelled at the expiration of the lease. But, the lease could include no automatic renewal provision. NY GOL SS 5-905.
Month-to-Month Tenants: The landlord may increase the rent of the month-to-month tenant with permission from the tenant. If the tenant is unwilling to consent, the landlord may terminate the tenancy by providing appropriate notice. NY RPL SS 232-a and SS 232-b.
Housing Sharing The law prohibits a landlord from restricting the use of an apartment only to the identified tenant within the lease or to the tenant and their immediate family members. However, the landlord may restrict the total amount of persons living in the apartment to ensure compliance with the lawful requirements of overcrowding. NY RPL SS 235-f. The landlord can also ask any occupant older than 18 to fill out an application for rental application form and conduct a tenant background check.
Lease Violations for Victims of Domestic Violence: A tenant protected by an order from a court can seek an order of the court terminating the lease with the tenth day of notification to the landlord. They will be exempt from future rental payments once the lease is ended. NY RPL SS 227-c.
The right to evict: The tenant with leases is protected from expulsion during the lease in the event that the tenant is not in violation of any of the provisions in the lease or local laws or codes governing housing. For both unregulated and regulated apartment buildings, landlords must provide the tenant with a formal notice to take legal possession of the property. If the tenant removes themselves from the premises on a particular date when the landlord can start the process of eviction. NY RPAPL SS 711.
The right to retaliate: The landlord may not end or deny renewal of an agreement with the tenant who has submitted an official complaint with a Government Authority, been involved in a tenant's organization, or exercised a legally valid right. Courts can take on "retaliation" by a landlord in the event that negative action is initiated against a tenant in the first six months of any previous tenant actions. NY RPL SSSS 223-b. A landlord that seeks to impose this fee, penalty, or charge against the tenant in the event that the tenant makes a legitimate complaint to an official of the building code concerning the issue will be held accountable to the tenant for the triple amount of the penalty, fee or charge. NY RPL SSSS 223-b(5a).
Notifications as well as Entry
Notice to End Tenancy (Fixed date for the termination in the lease): No notice is required to terminate the lease that has a specific period. NY RPL SSSS 232-b.
Notice to End the Tenancy (Month month lease): One month. NY RPL SSSS 232-b. In NYC for 30 days. NY RPL SSSS 232-a.
Notice of End of Lease due to Non-payment: The landlord/owner must send a written notice via certified mail informing the tenant(s) that rent is due when it is more than 5 days over the date of due. The rent demand in writing must include a minimum of 14 days of notice for the tenant to make payment before the court case can be initiated. Per NY State Unified Court System
Notification of Dissolution in the event of Lease Violations: 10 days to rectify or cease. NY RPL SSSS 753(4).
Notification required prior to entry: No Statute. We recommend a minimum of one day's notice.
Entry allowed with notice of Maintenance or Repairs (non-emergency): No Law. We recommend at minimum 24 hours' notice
Entry is allowed with a Notice for Displays: No Statute. We suggest at minimum one hour's notice.
Emergency Entry is allowed without Notification: No Statute
Entry Permitted During the Tenant's Extended Absence There is no law
Notification to Tenants on Utilization of Pesticides No Statute
Lockouts are Allowed: No.
Shut-offs for Utility: No.
Rehabilitation and Habitability
Warranty of Habitability: Tenants are entitled to a decent, safe and clean home. This right is implicit in each signed or written residential lease. Any lease clause that denies this right is against the public policy and, therefore, invalid. NY RPL SS235-b.
Landlords' Responsibility of Maintenance: Landlords of multiple properties are responsible for keeping the apartment buildings and their common areas in "good condition" and tidy and free of garbage, vermin, or any other offensive material. Landlords must maintain the electrical, plumbing, heating, sanitary, heating, ventilation systems, and appliances that landlords put in, such as stoves and refrigerators, in safe and functional and good working. NY MDW the SS78, SS80, and NY MRL SS174.
Doors for entry and intercoms: Multiple dwellings constructed or converted for such use on or after Jan. 1, 1968 should be equipped with automatic self-closing and auto-locking doors at all entry points. The doors should be closed at all times and only when the attendant is in attendance. MDL SS 50-a.
Heating. The heating system must be in operation from October 1 to May 31 for tenants living in multiple residences if the temperature outside falls below 55 degrees in the time between 6 a.m. and 10 p.m. Each apartment is required to be heated to a minimum of 68 degrees. If the temperature outside drops below 40 degrees between 10 p.m. and 6 a.m. the apartment has to be heated to a minimum 55 degrees . NY MDL SS 79; NY MRL SS 173.
Hot water: Landlords must provide all tenants in multiple dwellings with cold and hot water. Hot water must be registered at or exceed a steady temperature of at least 120° at the faucet. If the shower or tub has an anti-scald valve to prevent the temperature of hot water from reaching 120 degrees, then the minimum temperature of hot water for the bathtub or shower should be 110°. NY MDL SS 75; NY MRL SS 170.
New York Tenant Screening
Landlord Disclosure There is no statewide law; however, a landlord who seeks details about an application from tenants. The tenant must disclose what information is used to get the tenant screening report. NYC ADC SS 20-808.
Notification: A landlord requesting information about prospective tenants must post a notice in a conspicuous location to tenants in the area in which the main reason for business is renting residential properties. Rental or leasing of residences. The sign must contain the address and name of each consumer-reporting agency employed. NYC ADC SS 20-809(a).
Rights of tenants: The sign shall be able to state that tenants have the right to receive a free report each year from each agency for consumer reports. NY ADC SS 20-809(a).
Infractions: A landlord in breach of the requirement for disclosure and notification shall be subject to an administrative penalty of up to $250 in the first violation. NYC ADC SS 20-810.
Cure Time: A landlord has 30 days to remedy the infraction. If the violation is cured, the penalty of $250 civil is exempted. NYC ADC SS 20-810
New York Small Claims Court Limits: Individuals can sue in cash only for as high as $3,000 in Town or Village Courts, and $5,000 in City Courts, without an attorney. If you're suing for damages exceeding $3,000 or $5,000, you can't split it into multiple claims to reach the limit of $3,000/5,000. New York Unified Court System.
Aviation Case: Eviction cases are dealt with in Civil Court or Housing Court
New York City Small Claims Court
New York State Courts
New York State Courts (Alternative Dispute Resolution)
New York State Judicial Districts
New York State Attorney General
New York State Unified Court System - Attorney Search
New York State Bar Association
New York State Bar Association - Attorney Referral Service
New York State Assembly Guide to Tenant's rights
New York State Office of Rent Administration
New York City Tenants" Rights and Responsibilities
The use of Tenant Screening Reports as well as the Blacklisting for Tenants (pdf)
New York State Department of Consumer Protection
Legal Services NYC
LawHelpNY.org - Legal Aid Services of New York
Updated on 2022-06-07 21:33:49 by larry coleman