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Hamptons.com
July 16, 2019

The 2019 New York State Rental Law And How It Affects Landlords And Tenants

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

The new law became effective on June 14, 2019. While a significant portion of the new laws affect only municipalities that have adopted rent regulation laws – the five boroughs of New York City, Nassau, Westchester, and Rockland Counties – all municipalities, including Suffolk County, are affected by significant changes.

Prior to the new law, just as rents were a matter of what the market would bear, security deposits fell into that same category. Now a landlord may not require more than one month’s rent including utilities charges to compensate the landlord for unpaid rent and damage caused to the landlord’s property by the tenant during the term of the lease, other than normal wear and tear. Further, the landlord must provide the tenant with the opportunity to inspect the property along with the landlord, at least fourteen days of the tenant’s vacating the property and provide them with a list of the charges. In the past, the law required the landlord to return the security deposit, less the funds retained, “within a reasonable time.” The law now requires that the refund be made to the tenant within fourteen days of vacating. Any challenges to the amounts deducted impose the burden of proof upon the landlord. The law has not changed with respect to the deposit of the funds. They must be deposited into an escrow account. If the property is six or more units, the funds must be deposited into an interest baring account, and any interest exceeding 1% is to be paid to the tenant.

The new law also requires that if a landlord intends to raise the rent more than 5% upon the expiration of the current lease, he must provide the tenant with a 60 day notice if the tenant has been in occupancy more than one year but less than two, and a ninety day notice if the tenant has been in occupancy at least two years. Option to renew clauses are part of the existing lease.

Another change involves a tenant’s eviction by the landlord. While a court may issue an eviction notice to the tenant, courts have often “stayed the execution” (postponed) for up to six months for certain hardships that an immediate eviction could cause the tenant. That period has been extended to up to one year at the discretion of the court.

The new law requires that a landlord provide the tenant with a fourteen-day notice of violation of a lease, and the tenant be allowed thirty days to correct the violation rather than ten. A landlord who commits an illegal eviction commits a misdemeanor punishable by a fine of $1,000 to $10,000 for each violation and may also be subject to criminal prosecution.

Also contained in the law, a landlord may not charge more than $20.00 for background checks or application fees.

Before the passage of the new law, if a tenant vacated the premises voluntarily before the expiration of the lease, the courts in New York did not impose any obligation upon the landlord to make a good-faith effort to re-rent the apartment for the same or more than the amount due from the vacating tenant or lose the right to the remaining rent. Under the new law, the landlord must make that effort or forfeit the remaining amount due from the vacating tenant.

These laws are contained in S: 6458, and A: 8281 of the New York State Legislature.

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LOCAL EVENTS

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San Gennaro Feast of the Hamptons

September 13 @ 10:00 AM - September 14 @ 10:00 PM
Good Ground Road Hampton Bays, N.Y. 11946
13
Sep
13
Sep
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13
Sep

Tour of the Beebe Windmill with Southampton Town Historian Julie Greene

September 13 @ 11:00 AM - September 13 @ 12:00 PM
Beebe Windmill, Hildreth Ave, Bridgehampton, NY 11932
13
Sep
13
Sep
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13
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The Bridge IX

September 13 @ 02:00 PM - September 13 @ 07:00 PM
The Bridge, 1180 Millstone Rd Bridgehampton, NY 11932
13
Sep
13
Sep
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13
Sep

LongHouse Reserve: Conversation & Film Screening with Alice Hope

September 13 @ 06:00 PM - September 13 @ 08:00 PM
LongHouse Reserve, 133 Hands Creek Road, East Hampton, NY, 11937
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Governor’s Comedy Takes Over the Room at The Clubhouse

September 13 @ 06:00 PM - September 13 @ 10:00 PM
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2019 Hampton Designer Showhouse To Highlight The Work Of Over 20 Interior Designers

2019 Hampton Designer Showhouse To Highlight The Work Of Over 20 Interior Designers

  • LVIS thrift shops are open Tuesdays through Saturdays 10 AM through 5 PM

donations are accepted Wednesday through Saturday 10 AM through 1 PM by appointment 

located at 95 Main St East Hampton
  • Check out the Top Hamptons Events This Weekend!⁠
⁠
🚗 The Bridge IX⁠
📅 Sat, Sept 13 | 2–7PM⁠
📍 The Bridge, Bridgehampton⁠
Over 300 rare automobiles showcased across stunning landscapes.⁠
⁠
🎬 23rd Annual Surf Movie Night⁠
📅 Fri, Sept 12 | 5:30–9PM⁠
📍 Southampton Arts Center⁠
Surfboard swap, live music & outdoor film screening. 🌊⁠
⁠
🍝 San Gennaro Feast of the Hamptons⁠
📅 Sat, Sept 13 – Sun, Sept 14 | 10AM⁠
📍 Hampton Bays⁠
Italian pastries, live entertainment & fireworks Sat @ 8:15PM 🎆⁠
⁠
🎭 In Process: Roderick George⁠
📅 Sat, Sept 13 | 7PM⁠
📍 Guild Hall, East Hampton⁠
A special in-process presentation of The Missing Fruit (Part I).⁠
⁠
🎤 Sheena Easton at WHBPAC⁠
📅 Sat, Sept 13 | 8PM⁠
📍 Westhampton Beach PAC⁠
Grammy-winning artist live on stage!⁠
⁠
☕ Cars & Coffee⁠
📅 Sun, Sept 14 | 9–11AM⁠
📍 Bridgehampton Museum⁠
Classic & exotic cars, food, drinks & live music.⁠
⁠
🛍 Hampton Vintage⁠
📅 Sun, Sept 14 | 10AM–5PM⁠
📍 Westhampton Beach Village Green⁠
Shop unique vintage finds!⁠
⁠
🎶 Hamptons Festival of Music Finale⁠
📅 Sun, Sept 14 | 4PM⁠
📍 St. Luke’s Church, East Hampton⁠
Featuring Cimarosa, Berlioz & Beethoven.⁠
⁠
🍷 Wine Dinner with Pradorey at R.AIRE⁠
📅 Tues, Sept 16 | 6:30PM⁠
📍 Hampton Bays⁠
Five-course tasting menu with exquisite wine pairings.⁠
⁠
🎥 Toy Story 30th Anniversary Screening⁠
📅 Sept 12–15 | Various Times⁠
📍 Southampton Playhouse⁠
Celebrate Woody & Buzz’s timeless adventure!⁠
⁠
Check out more events at Hamptons.com (Link in Bio)⁠
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#carshow #hamptons #sangennaro #sangennarofeast #winedinner #bridgeIX
  • The Animal Rescue Fund of the Hamptons (ARF Hamptons) hosted the Bow Wow Meow Ball in East Hampton. The evening’s honorees, Ellen and Chuck Scarborough, were presented with the Champion of Animals Award, recognizing their more than twenty-five years of support to ARF. ⁠
⁠
Over 400 guests celebrated ARF’s remarkable work with cocktails, followed by dinner catered by Olivier Cheng. Peter Marino, accompanied by his daughter and ARF Board Member Isabelle Trapnell Marino, presented the Scarboroughs with their award. ⁠
⁠
📸: Patrick McMullan/PMC⁠
⁠
Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#arf #bowwowmeowball #hamptons #animalrescuefund #animalrescue
  • Make sure to add this event to your list for next summer
#Seafood #localeats #mtk #montaukgreen
  • I recently toured the new Rolex Boutique by London Jewelers in East Hampton, and it’s one of the most beautiful retail spaces I’ve ever stepped into. Located on Newtown Lane, the boutique is set inside a restored historic home that dates back to 1897, originally designed as a summer cottage.⁠
⁠
From the outside, it has that classic East Hampton charm, cedar shingles, white trim, and lush landscaping. But once you step inside, it’s all about quiet sophistication.⁠
⁠
The space is warm and welcoming, with walnut wood paneling, soft neutral tones, and beautiful textures throughout. There’s a fluted marble wall in a rich green Verdi Alpi stone that immediately catches your eye. It’s one of those details that’s understated but unmistakably Rolex.⁠
⁠
Read the full article at Hamptons.com (Link in Bio)⁠
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#rolex #easthampton #hamptons #luxury #watch⁠
  • 🎾 Men’s US Open Final Viewing Party⁠
📅 Sun, Sept 7 • 2–5PM⁠
📍 Canoe Place Inn, Hampton Bays⁠
Watch the riveting Men’s US Open Final with drinks, grilled classics & fellow tennis fanatics in the lush garden.⁠
⁠
🦞 Montauk Seafood Festival⁠
📅 Sat, Sept 6 – Sun, Sept 7 • 12–5PM⁠
📍 On the Green, Montauk⁠
The ultimate seafood event in the Hamptons! Lobster rolls, fish tacos, chowder, oysters & more 🐚🍤⁠
⁠
🩰 Master Class w/ Kat Wildish⁠
📅 Sat, Sept 6⁠
📍 Hamptons Ballet Theatre School, Bridgehampton⁠
Open-level adult ballet class with world-renowned former NYCB & ABT dancer Kat Wildish. One day only!⁠
⁠
🎶 Hamptons Festival of Music⁠
📅 Sat, Sept 6 • 7PM⁠
📍 St. Luke’s Episcopal Church, East Hampton⁠
THFM’s MainStage Festival Orchestra featuring The New American Sinfonietta 🎻✨⁠
⁠
🌾 Outstanding in the Field (Sagaponack)⁠
📅 Sun, Sept 7 • 3PM⁠
Dine where the food is grown! Guest chef Jason Weiner returns for his 19th year 🍽️🌱⁠
⁠
😂 Samantha Bee Live⁠
📅 Sat, Sept 6 • 8PM⁠
📍 WHBPAC, Westhampton Beach⁠
Award-winning comedian Samantha Bee brings her one-woman show to the Hamptons!⁠
⁠
🍴 Stirring The Pot: Andrew Carmellini⁠
📅 Sun, Sept 7 • 11AM⁠
📍 Guild Hall, East Hampton⁠
NYT’s Florence Fabricant interviews star chef Andrew Carmellini about his restaurant empire.⁠
⁠
🌕 Full Harvest Moon Hike⁠
📅 Sun, Sept 7 • 7:30PM⁠
📍 Meet at SOFO Museum, Bridgehampton/Sag Harbor Tpke⁠
Walk under the moonlight with Friends of the Long Pond Greenbelt 🌙✨⁠
⁠
🎨 Style Beading Workshop⁠
📅 Fri, Sept 5 • 1PM⁠
📍 Nathaniel Rogers House, Bridgehampton⁠
Join Indigenous artist Savannah LeCornu to learn traditional beading techniques.⁠
⁠
⛳ A Legendary Day at Sebonack!⁠
📅 Tues, Sept 9 • 8:30AM–5PM⁠
📍 Sebonack Golf Club, Southampton⁠
An unforgettable day of golf supporting Westhampton Beach PAC 🌟⁠
⁠
👉 Which event are you going to this weekend?⁠
⁠
Check out more events at Hamptons.com (Link in Bio)⁠
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#community #entertainment #hamptons #usopen #golf #comedy #seafood #montauk
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