Subscribe to Guide
No Result
View All Result
Hamptons.com
  • Spotlight Magazine
  • Lifestyle
    • Featured
    • Entertainment
    • Arts
    • Community
    • Dining
    • Recreation
    • Trending
  • Events
    • Events Calendar
    • Post an Event
    • Gallery
  • Real Estate
    • Real Estate Features
    • Search Real Estate
      • Open Houses
      • Search Sales
      • Search Rentals
    • Title Insurance
    • Happening In The Hamptons Podcast
  • Live Cameras
    • All Live Cameras
    • Live Weather Cams
    • Amagansett, Atlantic Avenue Beach
    • Bridgehampton, West Scott Cameron Beach
    • East Hampton Village, Main Beach
    • East Hampton Village, Main Street
    • East Hampton Village, Newtown Lane
    • Hampton Bays, Ponquogue Beach
    • Hampton Bays, Ponquogue Bridge
    • Hampton Bays, Shinnecock Fishing Dock
    • Hampton Bays, Tiana Beach
    • Long Island Aquarium | Coral Reef
    • Long Island Aquarium | Penguins
    • Long Island Aquarium | Shark Tank
    • Montauk, Downtown Circle
    • Montauk, Lars Simenson Skatepark
    • Montauk, Gin Beach & Inlet
    • Montauk, Sunset Beach & Inlet
    • Sagaponack, Sagg Main Beach
    • Sag Harbor, Foster Memorial Beach
    • Sag Harbor, Long Wharf Marina
    • Sag Harbor, Main Street (South)
    • Sag Harbor, Windmill Beach & Bay
    • Shelter Island, South Ferry
    • Southampton, 39A to Montauk Hwy Merge
    • Southampton, Conscience Point Marina
    • Southampton Village, Coopers Beach
    • Southampton Village, Main Street (South)
    • Southampton Village, Main Street (North)
    • Southampton Village, Main Street (Hildreths)
    • Westhampton Village, Main Street (East)
    • Westhampton Village, Rogers Beach
  • Public WiFi
    • Public WiFi Map
    • Public Wi-Fi Support
  • Spotlight Magazine
  • Lifestyle
    • Featured
    • Entertainment
    • Arts
    • Community
    • Dining
    • Recreation
    • Trending
  • Events
    • Events Calendar
    • Post an Event
    • Gallery
  • Real Estate
    • Real Estate Features
    • Search Real Estate
      • Open Houses
      • Search Sales
      • Search Rentals
    • Title Insurance
    • Happening In The Hamptons Podcast
  • Live Cameras
    • All Live Cameras
    • Live Weather Cams
    • Amagansett, Atlantic Avenue Beach
    • Bridgehampton, West Scott Cameron Beach
    • East Hampton Village, Main Beach
    • East Hampton Village, Main Street
    • East Hampton Village, Newtown Lane
    • Hampton Bays, Ponquogue Beach
    • Hampton Bays, Ponquogue Bridge
    • Hampton Bays, Shinnecock Fishing Dock
    • Hampton Bays, Tiana Beach
    • Long Island Aquarium | Coral Reef
    • Long Island Aquarium | Penguins
    • Long Island Aquarium | Shark Tank
    • Montauk, Downtown Circle
    • Montauk, Lars Simenson Skatepark
    • Montauk, Gin Beach & Inlet
    • Montauk, Sunset Beach & Inlet
    • Sagaponack, Sagg Main Beach
    • Sag Harbor, Foster Memorial Beach
    • Sag Harbor, Long Wharf Marina
    • Sag Harbor, Main Street (South)
    • Sag Harbor, Windmill Beach & Bay
    • Shelter Island, South Ferry
    • Southampton, 39A to Montauk Hwy Merge
    • Southampton, Conscience Point Marina
    • Southampton Village, Coopers Beach
    • Southampton Village, Main Street (South)
    • Southampton Village, Main Street (North)
    • Southampton Village, Main Street (Hildreths)
    • Westhampton Village, Main Street (East)
    • Westhampton Village, Rogers Beach
  • Public WiFi
    • Public WiFi Map
    • Public Wi-Fi Support
No Result
View All Result
Hamptons.com
December 14, 2021

More Things to Know About Rental Laws in New York State

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate
Rental Laws in New York

New York’s Housing and Stability Tenant Protection Act (HSTPA) effective June 14, 2019 contained changes in law that may have been overlooked or not given sufficient attention by landlords, tenants, and real estate practitioners. It is some of those issues that are addressed in this article.

 

One applies to evictions for non-payment of rent and holdover proceedings against the tenant; situations where the tenant remains in occupancy beyond the termination of the lease without the landlord’s consent.

 

With both nonpayment and holdover proceedings, the HSTPA gives courts statewide discretion to grant an occupant a stay, (non-removal from the rental unit), of up to one year. Factors courts may consider when granting a stay, or deciding the length of a stay are whether the eviction would cause any of the following: extreme hardship if a stay was not granted; serious ill health; significant exacerbation of ongoing condition; a child’s enrollment in a local school; any other extenuating life circumstances that would affect the quality of life,

 

Another issue addressed in the HSTPA that warrants consideration pertains to the landlord’s obligation to mitigate damages. Prior to 1995, courts in the Bronx and Manhattan did not require the landlord to make a good-faith effort to re-rent the apartment if a tenant vacated before the expiration of the lease in order to be entitled to the rent that would have been due had the tenant remained in occupancy. This is known as the landlord’s obligation to mitigate damages. The courts in other areas, including Brooklyn, Queens, Staten Island, Nassau and Suffolk Counties did require the landlord to mitigate damages in order to be entitled to collect the rent from the vacating tenant.

 

In 1995, in Holly Properties v. Kenneth Cole, New York’s highest court, the Court of Appeals, consistent with the practice in Manhattan and the Bronx,  ruled that a landlord had no obligation to mitigate damages. The state legislature addressed this issue in the HSTPA and landlords in the State of New York are now required to make a good-faith effort to re-rent the apartment or forfeit the rent due from the vacating tenant everywhere in the State of New York..

 

An often overlooked section of New York Real Property Law, (RPL section 235-f), that has been in effect since 1983 is commonly known as the “Roommate Law.” The law provides that a landlord may not restrict occupancy to the tenants named on the lease. The landlord must permit each tenant and the tenant’s immediate family to occupy the apartment, and each tenant may have one person occupying the apartment not named on the lease and the occupant’s dependent children. The tenant who wishes to have an occupant is required to notify the landlord within thirty days following the roommate taking occupancy.. The landlord may not refuse the occupancy, and the tenant may not bargain away the right.  To do so is considered against public policy. The number of occupants is limited by laws of the jurisdiction where the property is located. Courts have applied the Roommate Law to  cooperative and condominium housing. i.e. Sherwood Village Cooperative A. v. Joshua J. Slovik

 

Another issue is that of subletting an apartment. In New York, in a rental property of less than four units, a landlord may prohibit subletting. If the property is four or more units, the landlord may not unreasonably deny subletting.

 

Assignment of the lease to a third party without the landlord’s consent is prohibited. If the property is four or more units and the landlord unreasonably denies assignment, the lease may be terminated by a court.

 

Contrary to popular belief, in New York, unless the lease states otherwise, the rent is due in arrears, at the end of the month. Rent due on the first of the month is not automatic. The lease must state it.

 

Readers should consult an attorney licensed to practice law in New York with any questions regarding the issues discussed in this article.

 

 

Sign up for our weekly newsletter!

Get the top Hamptons events and latest scoop!

What's Happening in the Hamptons

Related Posts

Happening in the Hamptons Podcast: Working Together as a Team and July 4th Weekend
Real Estate

Happening in the Hamptons Podcast: Working Together as a Team and July 4th Weekend

July 4, 2025
Precision & Performance: Mark Greenwald’s Approach to Hamptons Real Estate
Real Estate

Precision & Performance: Mark Greenwald’s Approach to Hamptons Real Estate

July 3, 2025
Luxury New Construction on 2.4 Acres
Real Estate

Luxury New Construction on 2.4 Acres

July 3, 2025

Search Articles

No Result
View All Result

LOCAL EVENTS

Events

05
Jul
05
Jul
-
06
Jul

Goat Yoga in Bridgehampton

July 5 @ 09:00 AM - July 6 @ 10:00 AM
Corwith’s Farmstand, 851 Head of Pond Rd, Water Mill, NY 11976, USA
05
Jul
05
Jul
-
05
Jul

STEAM: Colorful Fabric Tote or Drawstring Bag (ages 5-12 yrs)

July 5 @ 11:00 AM - July 5 @ 12:00 PM
44 Meadow Way East Hampton, NY 11937
05
Jul
05
Jul
-
05
Jul

SG LEWIS at Palma Day Club in Montauk

July 5 @ 12:00 PM - July 5 @ 06:00 PM
Palma Day Club @ Montauk Beach House - 55 S Elmwood Ave, Montauk, NY 11954, USA
05
Jul
05
Jul
-
05
Jul

Aperitivo – Sunset Cocktail Hour

July 5 @ 05:00 PM - July 5 @ 08:00 PM
181 Main Street, East Hampton NY, 11937
05
Jul
05
Jul
-
05
Jul

Celebratory July 4th Reception with Artist Sean Rush and Jewelry Designer Tamara Taichman

July 5 @ 05:00 PM - July 5 @ 07:00 PM
2385 Montauk Highway, Bridgehampton, NY 11932
Load more listings
Next Post
Clint Bennett Jr. A 14th Generation Bayman and his Bennett Shellfish Establishment  in Montauk

Clint Bennett Jr. A 14th Generation Bayman and his Bennett Shellfish Establishment in Montauk

    Facebook Twitter Instagram Youtube
    Hamptons.com

    Saunders Broadcasting Corp.

    Phone: 631-613-8440
    Email: [email protected]
    Facebook: Facebook.com/HamptonsOnline
    Twitter: @Hamptons
    Instagram: @HamptonsOnline

    About Us | Contact Us

    Hamptons.com

    • Lifestyle
    • Events
    • Real Estate
    • Live Cameras
    • Public WiFi

    Subscribe

    Sign up for our weekly newsletter!

    Get the top Hamptons events and latest scoop!

    © 2025 Hamptons.com | All rights reserved
    Saunders Broadcasting Corp.
    Terms & Conditions | Privacy Policy | About Us | Contact Us

    No Result
    View All Result
    • Spotlight Magazine
    • Lifestyle
      • Featured
      • Entertainment
      • Arts
      • Community
      • Dining
      • Recreation
      • Trending
    • Events
      • Events Calendar
      • Post an Event
      • Gallery
    • Real Estate
      • Real Estate Features
      • Search Real Estate
        • Open Houses
        • Search Sales
        • Search Rentals
      • Title Insurance
      • Happening In The Hamptons Podcast
    • Live Cameras
      • All Live Cameras
      • Live Weather Cams
      • Amagansett, Atlantic Avenue Beach
      • Bridgehampton, West Scott Cameron Beach
      • East Hampton Village, Main Beach
      • East Hampton Village, Main Street
      • East Hampton Village, Newtown Lane
      • Hampton Bays, Ponquogue Beach
      • Hampton Bays, Ponquogue Bridge
      • Hampton Bays, Shinnecock Fishing Dock
      • Hampton Bays, Tiana Beach
      • Long Island Aquarium | Coral Reef
      • Long Island Aquarium | Penguins
      • Long Island Aquarium | Shark Tank
      • Montauk, Downtown Circle
      • Montauk, Lars Simenson Skatepark
      • Montauk, Gin Beach & Inlet
      • Montauk, Sunset Beach & Inlet
      • Sagaponack, Sagg Main Beach
      • Sag Harbor, Foster Memorial Beach
      • Sag Harbor, Long Wharf Marina
      • Sag Harbor, Main Street (South)
      • Sag Harbor, Windmill Beach & Bay
      • Shelter Island, South Ferry
      • Southampton, 39A to Montauk Hwy Merge
      • Southampton, Conscience Point Marina
      • Southampton Village, Coopers Beach
      • Southampton Village, Main Street (South)
      • Southampton Village, Main Street (North)
      • Southampton Village, Main Street (Hildreths)
      • Westhampton Village, Main Street (East)
      • Westhampton Village, Rogers Beach
    • Public WiFi
      • Public WiFi Map
      • Public Wi-Fi Support

    © 2025 Hamptons.com | All rights reserved
    Saunders Broadcasting Corp.
    Terms & Conditions | Privacy Policy | About Us | Contact Us