You Have Tenants Rights... Use Them! [Subletting]

Most leases are 12-month commitments, so what is a student to do when they're in a 12-month lease yet want to leave Massachusetts for the summer? What if you're not a student but you want to travel or work in another city for more then a month? In these cases, most people look to "sublet" or rent your apartment to someone during your lease. The sublet or "sublease" creates a second lease on the apartment yet does not free you from your own obligations in terms of rent or utilities. 

Subletting can be a tricky topic considering many sublets are done illegally between peers to avoid a sublet fee or extra hassle by a landlord. Yet, there are many reasons why it is important to be on a lease and acknowledged by the landlord that you are subletting or residing in a subleased apartment.

How to Sublet 

To sublet, you must be a tenant with a lease. If your lease does prohibit subletting, you are free to do so. Most leases require a landlord give written consent prior to subletting. If your lease prohibits subletting and you sublet it anyway, you are putting yourself up for the possibility of eviction and financial penalties. 

The landlord may ask the subtenant to pay a security deposit. Under the security deposit law in MA, a landlord may not collect a security deposit greater than one month's rent. If a landlord has already collected 1 month's security deposit from the current tenant, he/she cannot ask the subtenant for additional money to surpass the one month's rent. 

Many people underestimate the importance of legally subletting and going through the landlord for a sublet. If an apartment is subleased without getting prior consent from the landlord, and something happens to the apartment, the person on the lease is going to be held responsible - even if a deal was worked out with the subleaser. Additionally, if the subleaser has an issue such as a necessary repair or needs to use any of the rights he/she has as a tenant, they cannot! Without a lease, a landlord is not obligated to respond to the subleaser's complaints or needs. Furthermore, if the landlord did not allow the subleaser, the landlord can legally evict the original tenant. 

A sublet fee is a common & legal. This portion of tenant and sublet law is unregulated.

Be Aware... 

• When a tenant sublets, regardless of if their subleaser pays the full rent, the tenant is still fully responsible to get the full rent to their landlord 
• It is legal, yet rare, for the landlord to request credit card information from the subleaser to ensure that their total portion of the rent is paid 
• Upon the landlord charging a sublet fee, this fee is imposed from the landlord to the landlord's tenant (the landlord's tenant is the tenant who signed the lease originally), therefore in the case of a sublet fee, how that fee gets paid is between the tenant and subleaser

 
As Credit Advocates wraps up it's series on Tenant Rights, Credit Advocates reminds everyone to be vigilant. Try not to rent a bedroom that is in actuality a walk-in closet, be aware of landlords who insist on cash, and be aware of your rights to ensure a safe & habitable place to come home to everyday!

As always, any Credit & Housing Counseling questions can be emailed to rsimon@creditadvocates.org. Even though this series is over, all Tenants Rights questions will be answered! Lastly, don't forget to return to Credit Advocates' blog to continue learning about your Student Loans! 



rsimon@creditadvocates.org | creditadvocates.org



Protecting your rights begins by knowing your rights! 

You Have Tenant's Rights... Use Them! Part 3

Thus far in Credit Advocates' series we have reviewed some of the rights that all tenants have in Massachusetts. However, what if the landlord does not comply after a health inspector visits? What if you have to handle an urgent situation on your own? 

Options If Your Landlord Refuses to Make Repairs

Withhold Rent

One way to get a landlords attention and force him/her to fix uninhabitable conditions is to withhold some or all of the rent until the repairs are made. This is called "rent withholding." 

Tenants have the right to withhold rent because landlords are obligated to provide safe and habitable housing under the warranty of habitability. If a landlord breaks this obligation, the tenant's obligation to pay the full rent is broken until repairs are made. The law does not state how much a tenant can withhold however be reasonable depending on the severity of the repair needed. 

In the case of rent withholding, it is imperative to do this correctly. Additionally, if you have been living in a boarding house for less than three consecutive months, you do not have the right to withhold rent. 

BEFORE WITHHOLDING SEE BELOW:

In order to be able to withhold rent, the tenant must be able to answer yes to ALL of these questions: 

• Do defective conditions exist in your apartment? 
• Do these conditions "endanger or materially impair" the health, safety, or well-being of anyone living in the home? 
• Does the landlord know about the defective conditions? 
• Were the conditions caused by someone or something other than yourself or someone under your control (such as a guest or a member of the rented space)? 
• Can your landlord make repairs without your having to permanently move out? 

If a tenant can answer yes to all five questions, they can legally withhold their rent and the landlord cannot evict them. If a landlord tries to evict the tenant(s) and you have properly withheld rent (aka having all five conditions apple prior to withholding rent) the landlord may be violating other laws (evictions called Retaliatory Evictions). 

Withholding Gives the Tenant the Power to Negotiate 

Rent withholding is the most direct and most successful way to force a landlord to make repairs. It is especially effective in a building where tenants agree to join together and withhold rent (only with others who the five conditions above apply to also). Upon withholding rent, tenants are in a better position to negotiate with the landlord about what they want. Examples of issues that can be negotiated can include: 

• The date when the landlord will start and complete repairs 
• How much rent will be paid or withheld while repairs are completed 
• How much of the withheld rent will be returned (if any) once repairs are properly completed 

Protect Oneself While Withholding Rent 

The right to withhold rent does NOT mean tenants can live in their apartment rent free. Rent withholding is a tactic used to get a landlord to make repairs. Once these repairs are completed, tenants must resume paying rent. 

The best way to protect oneself while withholding rent is to take the rent money and set it aside in a bank account separate from any other bank account that money is kept in (never keep a large amount of cash in an apartment). The law does not require a tenant's rent to be in a bank however there are several reasons why this is important. 

In the case that a landlord tries to evict a rent withholding tenant (assuming all five points required to withhold rent are filled), the tenant can show a judge that they have/had the money to pay rent and they did not stop paying because of the inability to pay. Setting up a separate bank account strengthens a tenants case and allows for increased credibility in the eyes of a judge if the tenant takes the landlord to court or the landlord attempts to evict the tenant. 

Additionally, if a judge orders the tenant to pay all or some of their rent, they are able to. If a judge orders the tenant to pay, and they don't, they can be evicted. It is highly unlikely that a judge finds conditions so terrible that 100% of the rent can be withheld. 

Note: Legally, once the landlord makes the repairs, the withheld rent does not automatically need to be given to the landlord. A tenant may opt to keep some of all of the rent withheld because of the impact the conditions had on the use of the apartment. Only a judge can order a tenant to pay the money. If the landlord takes the tenant to court, the tenant needs to explain to the judge how these conditions affected everyone living in the rented space. Depending on the situation, the judge may decide you can keep part of all of the withheld rent. 

Be Prepared For How a Landlord May React

While tenants in Massachusetts have the right to withhold rent, landlords may try to evict the tenants. The best way to protect oneself: 

• Document all the bad conditions
• Meet the requirements for withholding rent 
• Deposit the rent in a separate bank account 
• Use the sample Rent Withholding Letter to notify the landlord about the bad conditions 

A copy of a housing inspection report that accurately describes code violations is the best way to document violations of the state Sanitary Code. It's also proof the landlord knew about the conditions. Upon a landlord taking a tenant to court, if a judge finds that the tenant has followed all the legal requirements under rent withholding law, the tenant cannot be evicted. 

Repair & Deduct

Under certain conditions, tenants in Massachusetts have the legal right to make repairs and deduct up to four months rent to pay for them. This is referred to as "repair and deduct." The advantage of choosing repair and deduct is that the repairs get done. The disadvantage (although some may see it as another advantage) is that the tenant takes responsibility to making sure the repairs are done well. Repair and Deduct Letter 

When a Tenant Can Repair & Deduct

Alike withholding rent, all five of these requirements must be met in order for the tenant to repair & deduct: 

• Are there violations that "endanger or materially impair" the health, safety, or well-being of a tenant and has been certified by a housing inspector or that a court finds exist? 
• Have you ever given the landlord or her agent written notice of the violations? 
• Did the landlord fail to substantially complete repairs within 14 days after this notice, or within a shorter time if the housing inspector or court ordered this? 
• Were the conditions caused by someone or something other than yourself or someone under your control (such as a guest or member of the rented space)? 
• Have you given your landlord access to your home to make repairs? 

What a Tenant Can Repair 

Tenants are allowed by law to repair anything in their apartment or in the common areas of the building. If these are violations that affect several apartments or an entire building, a group of tenants can get together and have the repairs made. Be sure that everyone is in agreement, that the tenants have a certified Board of Health report documenting the problems, and that the landlord has been given written notice of the violations. Each and every tenant can deduct up to four months rent for their share of the total cost of repair. 

How Much Can Be Deducted 

In Massachusetts, a total of up to four months rent in any 12-month period can be deducted. These months cannot be stored up over years to then deduct more then four months rent in a single year. ALL BILLS AND RECEIPTS FOR MATERIALS AND LABOR MUST BE SAVED AS PROOF OF YOUR COSTS!! 

If the Landlord Thinks Too Much Was Deducted  

If the landlord feels the tenant has deducted too much for the repairs, he/she is allowed to go to court and try to get back some of this money. The law does NOT allow the landlord to evict a tenant if the court believes too much has been deducted. It is also illegal for landlords to raise the rent for repairs made legally under the repair & deduct statute (unless there is a court order permitting a rent increase yet this is very unlikely considering the lease that should have been signed will prohibit this). 

Credit Advocates strives to get as much useful information out to the public as possible. Our next post will be on Subletting & its Legalities. However, if there is an unanswered question on Housing OR Credit Counseling email me at rsimon@creditadvocates.org and I will answer any & all questions here on the blog! 

rsimon@creditadvocates.org  |  creditadvocates.org 

Protecting your rights begins by knowing your rights! 

You Have Tenants Rights... Use Them! Part 2

Tenant/Landlord disputes typically get resolved upon the assumption that the landlord is following all of the laws and regulations. This is not the case, especially regarding The State Sanitary Code and the Condition of an Apartment. 

There are many sections & clauses to the Massachusetts State Sanitary Code and requirements of the Department of Public Health. These requirements exist to ensure safe & habitable living conditions for tenants. It is imperative to know your rights AND what to do if they are being trampled upon. 

State Sanitary Code

In Massachusetts, the State Sanitary Code governs and defines what providing a habitable place, that is comfortable and clean enough for a person to live safely, entails. 

If a landlord does not respond to a tenant's complaints about a sanitary code violation, the tenant may request that a code enforcement officer or the local board of health inspect the apartment (Note: In Boston, it is the Housing Inspection Department which enforces the code). An inspector can then come to the apartment, review the conditions, and order the landlord to fix the problem if deemed necessary. If the landlord still neglects to fix the problem, a tenant may move out, even if there is as lease or rental agreement in place. The tenant can move out because the lease was not held up on the landlords end - tenants sign a lease with the rightful assumption of a sanitary & habitable place to live. If this is proven untrue, the agreement is broken and a tenant can move out penalty free. A tenant may also be able to pay a lower rental rate for what the unit is actually worth. 

If the apartment is (within reason) uninhabitable, a tenant is legally allowed to go to a motel/hotel until the problem is resolved and the landlord must reimburse the tenant for this. The tenant must make sure the landlord is fully aware of this and it is documented, otherwise the tenant will NOT be reimbursed. Additionally, this gives the landlord a push to fix the problem within the apartment. 

Here are a few of the provisions outlines in the State Sanitary Code which protects the safety and well-being of tenants and the general public: 

Water 

You must be provided with enough water, with adequate water pressure, to meet your ordinary needs. Under certain limited circumstances, you can be charged for water costs if it is clearly noted in your written and signed rental agreement and there is a separate meter you have access to for your unit. The landlord must also provide the facilities to heat water at a temperature between 110-130 degrees Fahrenheit. Your written tenancy agreement or lease may require you to pay for and provide the fuel to heat the water. 

Heat

The landlord must provide a heating system in good working order for every habitable room and every room containing a toilet, shower, or bathtub. The landlord must pay for the heat unless written otherwise in your lease. From September 16 to June 14, every room must be heated to at lease 68 degrees Fahrenheit between 7:00 AM and 11:00 PM, and at least 64 degrees Fahrenheit at all other hours. During the heating season, the maximum heat allowable in the apartment is 78 degrees Fahrenheit. The temperature should be able to be read. 

The Department of Public Health defines a "habitable room" as: a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes excluding rooms containing toilets, bathtubs or showers and excluding laundries, pantries, foyers, closets, & storage spaces. 

Natural Light and Electrical Outlets
There must be glass windows which admit light from the outdoors & which are equal in area or no less than 8% of the entire floor area of that room. Additionally, two separate wall-type outlets, or one outlet and one electric light fixture must be in each habitable room. The outlets should be placed in practical locations & be on different walls at least 10 ft apart. 

Extermination of Insects, Rodents and Skunks
It is the landlord's responsibility to maintain a premise free of all rodents, skunks, cockroaches, and ALL insects in their units and building, and if needed, exterminate such animals. 


An occupant should contact their landlord as soon as an infestation of any sort is suspected. Specifically regarding bed bugs - bed bug complaints can be directed to the Local Board of Health (LBOH), Health Department, or Inspectional Services Department (ISD) within the community. Minimum Standards of Fitness for Human Habitation requires the LBOH or ISD to inspect a unit within 24 hours. Landlords are required to inspect all units horizontally and vertically adjacent to an infested unit.It is important to create a paper trail and keep a log of everyone you have contacted, at which agency, and when you did so.

It is common for a landlord to attempt to hold tenants responsible for treatment/extermination costs. A landlord can even attempt to evict you for not paying these costs. However, this is NOT legal. It is the landlords responsibility to provide a habitable environment and to not adhere to this is a breach of the implied warranty of habitability. Additionally, a landlord cannot blame bed bugs or other infestations on the tenant (even if it is technically their fault the landlord is still responsible for extermination costs).

If the landlord does not immediately respond, the tenant is allowed to stay at a motel/hotel within reason and bill the landlord. It is imperative to know before you do this, you must inform the landlord of this and have it documented that there is an issue preventing you from having a habitable living environment. 


Conditions Deemed to Endanger or Impair Health or Safety 
The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety & well-being of a person occupying the premises: 

• Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot & cold, to meet the ordinary needs of the occupant for a period of 24 hours or longer 
• Failure to provide heat as required or improper venting or use of a space heater or water heater 
• Shutoff and/or failure to restore electricity, gas or water 
• Failure to provide the electrical facilities and the lighting in common areas as required 
• Failure to provide a safe supply of water 
• Failure to provide a toilet & maintain a sewage disposal system 
• Failure to provide adequate exits and to ensure exits are not obstructed by any object such as garbage 
• Failure to comply with security requirements 
• Failure to comply with any provisions which may result in the accumulation of garbage, filth or other causes of illness and/or provide a food source for rodents, insects or other pests 
• The presence of lead-based paint
• Roof, foundation, or other structural defects that may expose the occupant to fire, burns, shock, accident or other dangers or impairment to health or safety
• Any defect in asbestos material used which may result in the release of asbestos dust or powder 
• Failure to provide a smoke detector or carbon monoxide detector alarm as required 
• Any of the following conditions which remain uncorrected for 5 days or more following the notice to the landlord: 
• Lack of a operable kitchen sink of sufficient size for washing dishes & utensils or lack of a. operable stove & oven 
• Failure to provide an operable sink & shower or bathtub 
• Any wiring defect which makes any system a hazard 
• Failure to maintain a safe handrail or protective railing for every stairway, porch, balcony, & roof 
• Failure to eliminate rodents, pests & any infestation 

The full Department of Public Health, Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II) can be viewed here. 

Return to read about what justifies tenants paying less rent and local law on Rent Withholding, Repair-and-Deduct & Landlord Retaliation. 

Credit Advocates is constantly looking to educate the public on all credit & housing counseling matters. For all questions answered you can email me at rsimon@creditadvocates.org. 

rsimon@creditadvocates.org | creditadvocates.org  

Protecting your rights begins by knowing your rights! 

You're Have Tenant's Rights... Use Them!

Renters rights are not typically what students read about upon moving into their first (or even 5th) apartment. However, in order to protect yourself against neglectful landlords and hold your landlord accountable for what he/she is responsible for, you must know your rights. 

As Credit Advocates expands to Massachusetts, it acknowledges the over 200,000 students studying in and around Boston. To the students of Massachusetts and all others who are renting their home, these are your Tenants Rights... 


Finder's Fee
Only a licensed real estate broker or salesperson can charge you a fee for the purpose of finding an apartment. The amount due & the date must be disclosed to you prior to any transaction. There is no set fee - it's a contractual arrangement between the licensed broker or salesperson and you. 

Pre-payments 
Prior to moving in, the landlord can ONLY collect first & last months rent, one month's security deposit, and purchase & installation costs for a lock and key. 

Before Agreeing to a Tenancy (aka Singing a Lease) 

• Do not put money down unless you are 100% you want the apartment - although you may be legally entitled to the return of your money up until the landlord formally accepts you as a tenant, this money may be difficult to recover
• Calculate the anticipated costs of utilities 
• Know what is expected of you in terms of pre-payments or a finder's fee 
• Ensure the apartment is in acceptable conditions - put all agreements for repairs in writing
• Talk with perspective neighbors & previous tenants about the reputation of the landlord and management company 

Rental Agreements

According to state consumer protection regulations, a landlord must include the following in the written rental agreement: 

• Names, addresses, and telephone numbers of the owners and other people responsible for care, maintenance, and repairs on the property 
• Names, addresses, and telephone numbers of the person authorized to receive notices of violations of the law and to accept notice of a lawsuit on behalf of the owner (this is NOT YOU) 
• The amount of the security deposit and disclosure of the rights under the Security Deposit Law

If a landlord uses a lease that contains any provision that conflicts with the Security Deposit Law & attempts to enforce that provision or attempts to obtain from you or a perspective tenant a waiver of any provision of the Security Deposit Law, the landlord cannot keep your security deposit for any reason INCLUDING making deductions for damages. 

The landlord also MUST give you an executed copy of the rental agreement within 30 days of your signing it. You and your landlord may agree verbally to terms however you must legally have this in writing 

Security Deposits

Receipts 

Upon receiving last month's rent and/or a security deposit, the landlord must give you a receipt for each pre-payment. If the landlord collects last month's rent, he/she must give you a statement indicating that you are entitled to interest on this rent & that you should provide a forwarding address at the termination of tenancy where interest can be sent. 

Interest

The landlord must may interest on BOTH the security deposit and last month's rent. The payment of interest on the security deposit & last month's rent has been required by law since January 1, 1972 and April 1, 1984 respectively. 

Security Deposit 

You are entitled to either 5% interest or whatever lesser amount is received from the bank where the deposit has been held if you live in an apartment for a year or more. The law requires the landlord to hold a security deposit in a separate, interest-bearing account in a Massachusetts bank. The landlord must provide the tenant with the name and address of the bank holding the security deposit & the account number. Each year, the landlord must either pay the tenant the interest on the security deposit or let the tenant deduct that amount from a rent payment. 

The landlord should give the tenant a "statement of condition" within 10 days of receipt of the security deposit - this describes the condition of the apartment and any damage that exists at that time. 

The tenant then has 15 days to add to the "statement of condition" or make changes to it. 

When the tenancy ends, the landlord must return the security deposit, plus interest, WITHIN 30 DAYS. However, the landlord can keep any unpaid rent & the amount needed to repair damage done to the apartment (beyond normal wear & tear). 

If the landlord must keep all or a part of the security deposit for damages, then the landlord must give the tenant a written description of the damage and an estimate for the repair cost within 30 days from the time the tenant moves out. 

Check back for more information about Last Month's Rent, State Sanitary Code & the Condition of an Apartment, transfers of landlords & other housing topics. 

For all questions answered you can email rsimon@creditadvocates.org 

rsimon@creditadvocates.org | creditadvocates.org 

Protecting your rights begins by knowing your rights! 

How are we Going to Pay for College?

Higher education in America is no longer as simple as getting good grades, getting into a school fit for you, possibly taking advantage of a realistic sized loan or scholarship, graduating, and entering the workforce. Today in 2013, Millennials alike myself, a 4th year undergraduate student, have many more worries upon graduating than generations before us. 

As I approach graduation time, I can only hope that I have a job to repay my student loans. However, hundreds of thousands of Millennials will try to shove our way onto the workforce escalator. Traditionally, as senior level executives stepped off of the escalator each year, room was cleared at the bottom of the escalator for recent graduates to take entry level jobs. Everybody who was already on the escalator, climbed up a few steps to take more senior level positions. Our workforce escalator worked this way for many past generations. Currently, my Millennial peers and I are in enormous trouble with our student loans because the escalator has come to a halt. Senior level executives are returning to work thus pushing everybody beneath them down the escalator. Additionally, the trend of people waiting longer to retire, leaves even more people on the escalator - people who would have traditionally stepped off the escalator long ago. 

This unfortunately leaves me and thousands of my fellow Millennials dreary eyed and standing at the bottom of the escalator trying to use a microscope to find any space to get ourselves onto the escalator. 

The combination of delayed entry into the workforce for recent graduates and the rapid increase of the cost of higher education should panic everybody. As a result of that, I will be introducing a new series on behalf of Credit Advocates, dedicated to steering prospective and current students and their concerned guardians in the right direction on the topic of Student Loans. 


Get to Know Your Loans 

Before you take any action to alleviate your debt burden, you need to know what type of loans you have. Different loans have different payment plans, so knowing what type of loan you have is imperative. Look up your loan on http://www.nslds.ed.gov/nslds_SA/ . If your loan is on that website, it is a federal loan and NSLDS will tell you which type. If it is not on the website, it is a private loan. 

There are many less options for those with loans with private banks. Private lenders are not obligated to work with you to accommodate your financial situation. You should always try to contact your lender anyway. Everybodys situation varies greatly, however you should prioritize paying off private loans before federal ones - they typically carry a lower interest rate. You could even chose a payment plan for your federal loan which allows you to put more money toward your private loan and pay it off first and ASAP. 


Budget, Budget, & Keep on Budget 

Credit Advocates recommends everybody to live by a budget. Having a budget and sticking to it is imperative for those paying off a debt. You need to live the lifestyle you can afford NOT the lifestyle you can put on a credit card and pay for later. Living the lifestyle you can afford and paying off student loans consists of budgeting your money. Think about what you spend the most money on, your impulse purchases (and how to eliminate these), and what you can cut back on. Think about how you can spend less to put that money toward your student loan payments. The faster these loans are paid off, the less interest you will ultimately pay. Options range from turning down a few invitations for drinks to spending time outdoors for free or even moving in with family members to allow you to get your finances in order. 

Living with your parents is never fun. But you know what is? 
Sending in your last student loan payment... and having that extra money every month which you would have had to put toward a loan. 

Another option for those who have weekday jobs is taking up a job on the weekends. This way you will be making money and won't be able to spend it on weekend outings! 

CACC highly recommends everybody to fill out a budget, even if you don't have loans to pay off. Being able to visualize your budget and see where all of your money goes can be an eye opener for many. 

Click here to go to CACC's site and do an online, interactive budget. Remember to be honest!! These numbers are meant for you to see where your money goes and help you budget. 
Change Your Payment Plan 

If you have federal loans, there are several payment options available for you. If you never spoke with your lender, you were automatically enrolled in the standard payment plan. This costs the least in interest, but has higher initial payments. And if you're like thousands of our fellow Millennials... that won't work for you. What you need to understand about payment plans, and repaying anything with interest, is the longer the payment plan is & the lower the monthly payment is, the longer you'll be paying back your loan and the more interest you will ultimately pay. 

Lowering your monthly payment should not be an impulse decision. The longer your payment plan is, the more interest you will ultimately pay. 

Click here to go to the Federal Student Aid website and view a chart of the different repayment plans for federal student loans. 


If there are ever any questions about what was covered in each blog post, feel free to e-mail me at rsimon@creditadvocates.org and check out Credit Advocate's website at creditadvocates.org for an interactive budget worksheet & debt calculator. 
Check back soon for more information on repaying your student loans! 

Information is power so don't be left out of the loop! 




email: rsimon@creditadvocates.org | website: creditadvocates.org 

There's No Place Like Home - Part 4

Credit Advocates is dedicated to educating tenants on their rights with a continuation to the series: There's No Place Like Home 

Make sure any agreement you have with your landlord is in writing & complies with current laws

If your building is sold to another landlord, he/she may attempt to gain control of your apartment if the agreement you had with the previous landlord is unenforceable. At the most simple level, all agreements must be in writing in order for you to prove that agreement even exists. 

Speak to other tenants

Multiple complaints from several tenants within the same building can not only strengthen a case, but you can save on attorney’s fees and make the landlord’s abuse clear to the court.

Act Quickly

Landlords know that tenants won’t fight hard to hold onto apartments if they’re in bad shape. That’s why it’s imperative to address bad conditions immediately and take aggressive action to protect your rights.

If you have a rent overcharge complaint, don’t go to Homes and Community Renewal 

Things may be improving, but still if you claim an overcharge at the HCR, you won’t be able to challenge the rent amount in Court if your landlord sues you. For decades, the HCR has been the target of major lobbying efforts by landlords, and became the worst forum for tenants. If you've already made a complaint to the HCR, check with a Tenants’ attorney about withdrawing the complaint and bringing your case in Court, where there’s a possibility for a much better outcome.You cannot make the same complaint in both courts - always make it in Housing Court and NOT Homes & Community Renewal. 

Don’t get blacklisted

If you are sued by a landlord, you can be blacklisted when you try to rent another apartment. Housing Court sells the names of all tenants who are involved in Landlord Tenant proceedings to background checking agencies. However, don't panic about getting blacklisted. Typically, unless you have committed a felony in your apartment, this will not happen to you. 

Rent-Regulated Apartments

You and your landlord are at war. Your landlord has a large financial incentive to get you out of your apartment. If you vacate your apartment, your landlord will get a ~20% increase on a two-year lease for a new tenant. This means if you were lucky enough to secure a rent controlled apartment, you need to be vigilant about protecting your rights.

Avoid revealing too much to your landlord & neighbors

If your rent-stabilized or rent-controlled apartment is not your primary residence, you can lose your rights to rent-regulated status and your landlord can evict you. If you have other real estate interests such as rental property, a vacation or second home, don’t let your landlord know it.

If you’re a senior citizen or disabled, look into freezing your rent

Senior citizens and the disabled can freeze their rent if they’re below a certain income ceiling. Often times, the tenant continues to pay their rent at the time of freezing it, and the landlord is compensated for the difference by a tax abatement. 

Visit this site to see how NYC seniors can freeze their rent and the requirements for doing so: http://www.mfy.org/wp-content/uploads/facts/HousingSCRIE(SeniorCitizens).pdf 

If anybody has any eviction or general housing questions, feel free to e-mail me at rsimon@creditadvocates.org - all questions and answers will be posted here on the Credit Advocates blog! 

And as always, protecting your rights begins by knowing your rights! 

There's No Place Like Home - Part 3

Credit Advocates is dedicated to educating tenants on their rights with a continuation to the series: There's No Place Like Home 

If you’re locked out or find an eviction notice on your door, go to Housing court immediately

It’s important to act as soon as you know there’s a problem. If possible, the first thing to do is call a Tenants’ Attorney, but don’t delay going to court if you cannot reach one. However, if you aren't knowledgeable about your rights and court procedures, anything you do or say, may be used against you. Even if you received a Marshal’s Notice of Eviction, further action can be delayed until the Order to Show Cause is decided upon.

Don’t expect your landlord to be fair, reasonable, or just

Landlords are businessmen and their business is collecting your rent. Landlords tend to blame tenants rather than taking responsibility for the cost of repairs. This is why upon fighting a landlord, is it imperative to document everything. Your landlord may also be aware of an inhabitable situation in an apartment, yet refuse to adequately fix it as a way to get you to move out. Bedbugs are an example of this. Tenants with a Bedbug problem are able to obtain a Court Order forcing the landlord to clean the building and eliminate the infestation.  Don’t hesitate to enforce your rights against a negligent landlord.

Keep a copy of your lease and related documents off premises, in a safe place you have access to any time

If you’re illegally evicted or lose access to your home, you must be able to bring your lease with you to court to secure your rights in court. You never want to be in a position where important papers are in your home, yet you are unable to get them because you are locked out. Keep a copy of your lease, last tax return or an official document with your current address (such as a utility bill) with a relative, friend, or attorney. This is a good idea even if you do not expect to have issues with your landlord. In instances of a flood, fire, burglary, or any unseen circumstances, it can be helpful to have these documents copied in a second, safe location. 


Protecting your rights begins by knowing your rights - Don't forget to visit again for more tips in part 4

There's No Place Like Home - Part 2

Credit Advocates is dedicated to educating tenants on their rights with a new addition to the series: There's No Place Like Home 

If you’ve been illegally evicted, call the police

Examples of illegal eviction include but are not limited to: 

• Being locked out 
• Having the door removed 
• Anybody using or threatening to use violence 
• Discontinuation or threatening to discontinue essential services (ex/ electricity, running water, heat) 
• Removal of your property or appliances 

There are many other methods of illegal eviction depending on your state. 

Be sure to document all offenses and if possible & take pictures! 

What to do if you are illegally evicted: 

• Call the police. Sometimes the police do not like to get involved and will claim it’s a civil matter. However, to trespass, to illegally evict you, and illegal eviction itself are all crimes – so it’s NOT just a civil matter. 
• If the officer refuses to help you, tell the officer, “The law says that under procedure 117-11 (this procedure refers to New York State specifically, however it is law in ALL states - the procedure name just varies), police are required to assist tenants in circumstances of illegal eviction, which is why I’m calling. I would like a police officer to come to my apartment and write up a report.”  
• If you do not get cooperation, ask for the name of the person you are speaking to and the sergeant or supervisor in charge at the 911 call center and speak with that person. If you still have difficulty, call your local precinct and repeat these steps. Write down the names and badge numbers of all police personnel you have contact with.

If the police come to your apartment or you have to go to the precinct, it’s tremendously important to get a police report documenting the incident. You want a written record of your illegal eviction, and any other relevant documents, which your attorney can show in court. Your landlord may even be arrested. If neighbors can back up your story, and the police can take statements from them, that can also help. 

If you must call to restore the utilities, explain to them the situation of illegal eviction and explore your options. Keep a log of everything that happens, along with a list of names, and the date and time of each conversation. Winning against your landlord requires evidence to support your position.

Be sure to have a copy of your lease and your Driver’s License is up-to-date with the address of the apartment you were illegally evicted out of to prove you live there. Mail sent to you at your residence is also proof of residence.

In NYC, if you were illegally evicted and have no place to stay, call the Emergency Unit at 1-800-994-6494 for temporary shelter. 

BE AWARE: If you were evicted with a legal court process and then try to break into your apartment, you become the criminal. Always remember, upon being illegally evicted, the first thing to do is contact the police.

A landlord may try to evict you for using your LEGAL right

A landlord may try to evict you if you have exercised a legal right (ex/ using the right to deduct from future rent the amount necessary to repair defects covered by the implied warranty of habitability – this amount cannot be more than one month’s rent) . A landlord may also raise the tenant’s rent or seek to punish the tenant for complaining or lawfully exercising a tenant right. In both cases, the landlord’s action is called retaliatory.

The law will assume the landlord has a retaliatory motive if the landlord seeks to evict you (or other retaliatory action) within six months of exercising any of these tenant rights: 

• Using the repair and deduct remedy - the right to deduct from future rent the amount necessary to repair defects covered by the implied warranty of habitability 
• Complaining about the condition of the rental unit to the landlord or a public agency after giving the landlord notice 
• Filing a lawsuit or beginning arbitration based on the condition of the rental unit 
• Causing an appropriate public agency to inspect the rental unit or to issue a citation to the landlord 

Protecting your rights begins by knowing your rights - Stay tuned for part 3 

There's No Place Like Home - Part 1

Credit Advocates is dedicated to educating tenants on their rights with this new series: There's No Place Like Home 

Each day, millions of people go to work with the ultimate goal of bringing home a paycheck. This paycheck is used to pay for food, utilities, clothing, education, and many other things. Yet, none of these expenses are more important and influential in a person’s life than a home.

The only way to truly protect yourself against cruel and greedy landlords is to know your rights. The Housing Court has always traditionally been in favor of landlords in many ways. During a time when the Housing Court cannot be depended upon to enforce tenant’s rights by manipulating rent regulation laws, rents are skyrocketing and fueling greedy landlords. Additionally, the practice of the courts reaching resolutions faster, as a result of flooded Housing Courts, often trounces tenants. Landlords have bottomless pockets and have deeply rooted political influence.

To protect your rights, you must know your rights. Most tenants don’t know their rights. Don’t be one of them. If you don’t know your rights, there is nothing to keep you from being taken advantage of. However, knowing your rights is NOT a substitute for hiring an experienced Tenants’ attorney to negotiate on your behalf.

Hire a Tenants’ attorney to represent you

If you want a fair trial, you need to hire a Tenants’ attorney. Most likely, your landlord will bring a well-seasoned, knowledgeable expert to defeat you. Landlord Tenant Law is very complex and it’s too easy to be pushed around Housing Court to be lost and without a lawyer. There are innumerable traps which can mislead you into giving up your rights.

.

Only hire a Tenants’ attorney for a Landlord Tenant case

Lawyers who do not typically practice Landlord Tenant law are not familiar with the intricacies of Landlord Tenant law. Don’t hire a criminal, divorce, or corporate lawyer to represent you in Housing Court – this can hurt you more than help you. Even attorneys who practice real estate law are often unfamiliar with the complexity and loopholes of Landlord Tenant law.

You can’t be convicted without a Court process  

If a landlord tries to evict you without bringing you to court, it is called “self-help” – and it’s 100% illegal. A self-help eviction without going to court potentially makes your landlord liable to reimburse you for triple the amount of any costs you sustained. An example of self-help eviction is your landlord changing your locks. If over the next few days you stay in a hotel, must buy food, or use a phone as a result of being locked out, save all your receipts. At Housing Court, your attorney can argue that your landlord used self-help to evict you and show proof of expenses you incurred as a result.

If your landlord tells you to leave, don’t panic. Tell your landlord that only the Court can order you to leave. Only the City Marshall or Sheriff has the legal right to take possession of your apartment without your permission - and only with a court order. The City Marshall or Sheriff is required to give you written notice so you can go to court and get an “order to show cause” to stop the eviction. 

Protecting your rights begins by knowing your rights - Check soon back for part 2 

NY Times Article - The Long Shadow of Bad Credit in a Job Search

Back on my May 11, 2013 I was interviewed in a New York Times article entitled:

"The Long Shadow of Bad Credit in a Job Search"

I will post a follow up to this article on this blog, but thought I would post the article as many of my clients have had questions and request on this particular topic.