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What the webinar covered
- Annual compliance refresh for New York landlords, with emphasis on fast-changing laws, local variation, and best practices.
- Presenters: Robert Friedman (46 years representing landlords; author and columnist) and Justin Friedman (leads landlord litigation and evictions team in Western New York).
- Format: updates, practical tips, and Q&A. Recording and slides to be distributed to attendees.
Big picture themes
- NY Landlord/ tenant Laws change frequently and can differ by county, city, and town.
- Strong, situation-specific leases are essential. “There is no standard lease.”
- Many new requirements flow from the 2019 Tenant Protection Act, the 2024 Good Cause Eviction law, and local court practices.
- Enforcement risk is real, especially as to lead paint disclosure duties.
- Paperwork and timing mistakes are a common reason evictions are dismissed.
Key legal updates and compliance items
1) New York LLC Transparency Act
- Intended to disclose beneficial owners of LLCs to combat financial crimes.
- Timeline in flux. Federal Corporate Transparency Act enforcement is on hold after litigation, and New York’s Department of State(“DOS”) has not finalized implementation details.
- Practical takeaway: expect future owner-reporting duties, but guidance is pending. Monitor DOS announcements.
2) Source-of-income discrimination and Section 8
- New York 2019 ban on source-of-income discrimination (“SOID”) means landlords must treat vouchers like income.
- A Cortland County Supreme Court ruling found the NY SOID statute unconstitutional, and a Missouri ordinance was enjoined, both of which are on appeal.
- Practical takeaway: do not advertise “no Section 8” and do not deny based on vouchers. Agencies are still bringing cases while appeals are pending.
3) NY Lead paint enforcement
- Significant NYS Attorney General actions against landlords statewide, with large penalties and mandated remediation.
- Typical terms: fund tenant relief, conduct certified inspections, hire third-party monitors, correct housing code violations within set timelines, provide safe temporary housing during remediation, bar sales until units are certified lead-safe, and deliver EPA disclosures and pamphlets for pre-1978 housing.
- Multiple recent cases in Buffalo and Syracuse with penalties ranging from hundreds of thousands to millions of dollars, plus restitution and rent returns.
4) Lease drafting mistakes and must-have riders
Recommended riders, disclosures, and policies:
- Bedbug rider and NYC bedbug disclosure where applicable.
- Crime-free, drug-free housing rider to address criminal or nuisance behavior by any occupant.
- Flood history and FEMA status disclosure.
- Lead-based paint disclosure plus EPA booklet for pre-1978 properties.
- Move-in/move-out checklist to satisfy TPA record duties and document smoke detectors.
- Personal guaranty, common for student tenants.
- Pet rider and a service animal/ESA rider that sets behavior rules without violating disability rights.
- Smoking policy and any local requirements.
- Sprinkler disclosure, reasonable accommodation notice, and occupancy limits stated correctly. HUD’s “two-per-bedroom” is a guide, but size, configuration, and local rules matter.
- Warranty of possession clause limiting liability if possession is delayed.
- Bounced check fee cap: max $20 as of October 16, 2025. Must be in the lease to collect the fee.
- Attorney’s fees clauses help in civil rent collection actions but generally not recoverable in eviction proceedings under current practice.
- Assignment/sublet rules: outright prohibition is allowed in buildings under four units. In four or more, consent cannot be unreasonably withheld.
- Yard use limits, storage rules, pools and play equipment prohibitions.
- Renter’s insurance requirement.
- No commercial use and clear nuisance/noise provisions with a defined cure period.
5) Real estate pricing software restrictions
- New York enacted a first-in-the-nation law targeting rent-setting algorithms that ingest multi-landlord data and output pricing recommendations. Property owners cannot set or adjust rent based on those recommendations. Expect similar laws in other states.
6) NYC broker fee rules
- NYC’s recent Fair Act bars landlords or their brokers from charging certain fees to tenants and requires upfront disclosure of all fees in listings.
Evictions and court practice updates
7) Tenant Protection Act of 2019 reminders
- 5-day delinquency letter is separate from the 14-day rent demand.. Include copies and proof of mailing in your petition.
- Nonpayment petitions should demand rent only. Do not include late fees, utilities, or security deposit claims.
- Security deposits: limit is one month’s rent; must return within 14 days with itemized deductions.
- Late fees: cap is the lesser of 5 percent of monthly rent or $50.
- 30/60/90-day rule for terminations, rent increases of 5 percent or more, and material lease changes, based on tenancy length: up to 1 year = 30 days, 1–2 years = 60 days, and over 2 years = 90 days.
8) Statewide forms and FDCPA issues
- Use the New York courts’ required notices of petition forms. For nonpayment, the state form lacks an FDCPA disclosure, so add the federal debt-collection disclosure as a separate page if an attorney is involved.
9) Good Cause Eviction Law (RPL 231-c), enacted April 20, 2024
- Requires good cause to evict and to decline lease renewal in jurisdictions that adopt it. Rochester has opted in; many Western NY municipalities have not.
- Exceptions remove the need to show good cause and vary by locality, including:
- Small landlord carveouts defined by each municipality. Rochester uses a narrow one: more than one rental property means you are not “small.”
- Owner-occupied buildings under a unit threshold.
- Manufactured homes, condos/co-ops, employees living on site, affordable housing, post-2009 Certificate of Occupancy residential units, rent-regulated units, seasonal dwellings, hospitals/assisted living, hotels/motels, religious use, and units above a set percentage of fair market rent.
- Good causes include nonpayment, material lease violations, nuisance or damage, illegal use, denying access for repairs, owner or family occupancy, demolition or withdrawal from the market, and refusal of reasonable lease changes.
- Pleading specificity: do more than check a box. Allegations must state facts. A recent Kings County case dismissed a petition that didn’t specify which relative would occupy the unit and why alternatives weren’t feasible.
- NY RPL 231-c notice must be:
- Included with every new or renewal lease as a rider and referenced in the lease.
- Served with commencement notices, notices of termination or nonrenewal, rent-increase notices, and the eviction petition itself.
- If your locality has not adopted Good Cause, the form should say “No” and state the reason, such as “municipality has not adopted.”
10) Erie County Hub Court procedures
- Most town and village evictions are filed locally but are ultimately transferred to Buffalo City Court’s Erie County Hub Court for virtual appearances, then set for in-person hearings at 50 Delaware Avenue, Buffalo, NY if needed.
- Entities must appear by counsel. LLCs and corporations cannot appear pro se.
- Verification: landlords, not attorneys, must verify the petition in Erie County.
- Non-military affidavit: courts currently want landlord verification based on personal knowledge or recent conversation, typically within six months.
- VAWA notice and certification: must be served with eviction paperwork where applicable. Omission can be a fatal defect.
- Orders to show cause are common after default warrants. Expect delays, especially with marshals running backlogs in city cases.
- Timelines: first appearance typically 10–17 days after service; adjournments are common to obtain counsel; hearings usually 7–14 days after the second appearance; then 14 days’ posting before execution, with practical delays.
Practical Q&A takeaways
- Section 8: even with pending challenges, still risky to deny or signal non-acceptance. Keep screening neutral and consistent.
- If a tenant says they’re moving out: still issue a formal termination or nonrenewal notice and include the 231-c notice to preserve your rights.
- Bounced checks: you can recoup up to $20 only, even if your bank charges more, and only if the lease authorizes it.
- Mixed buildings with some rent-stabilized units: Good Cause analysis is unit-specific. Plead the exemption facts clearly.
- Service animals vs ESAs: service animals are task-trained; ESAs require reliable documentation. Landlords can enforce behavior rules and nuisance provisions. Require cooperation and an ESA rider, but avoid unlawful documentation demands.
- Lease riders are available from Friedman & Ranzenhofer, PC.
- Local note: Buffalo’s proactive rental inspection law exists but has seen limited enforcement activity. Courts will not compel inspections.
Action checklist for New York landlords
- Audit your lease for all required disclosures and the recommended riders. Add the Good Cause 231-c notice to every lease and renewal, and serve it with all notices and petitions.
- Set a monthly calendar: mail the 5-day delinquency letter to arrive no earlier than the 7th when rent is due on the 1st. Keep proof of mailing.
- Tighten documentation: move-in/out checklist, smoke detector logs, ESA paperwork, flood and sprinkler disclosures, and lead paint packets for pre-1978.
- Revise your nonpayment pleadings to demand rent only and attach every required exhibit, including proof of statutory notices.
- Train your team on the 30/60/90 rule for terminations, rent increases of 5 percent or more, and material lease changes.
- Lead compliance: schedule risk assessments for older stock and plan budget for remediation. Track city and county codes closely.
- Court readiness: if you own a corporation or LLC, you must retain counsel for evictions. Prepare landlord verification and non-military affidavits in the form Buffalo City Court requires.
- Marketing: scrub listings and scripts to avoid any source-of-income red flags.
- Software and pricing: if you use rent-recommendation tools, review the new NY restrictions and disable any settings that use cross-landlord pricing data.
- Stay current: laws and forms keep shifting. Subscribe to updates and be ready to adjust notices and pleading formats.
For questions about leases and evictions call or text experienced NY landlord attorneys Robert Friedman and Justin Friedman at 716-543-3764.