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How has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) changed General Obligations Law?

How has New York's Housing Stability and Tenant Protection Act of 2019 (HSTPA) changed General Obligations Law that pertain to Limits on Security Deposits and Pre-Paid Rent (GOL Section 7-108(1-a)?

Prior to 2019 HSTPA rent stabilized tenants were not required to deposit or advance more than one(1) month's rent as security; no limits on security deposits or prepaid rent for market tenants.  

Post 2019 HSTPA tenants in rent-stabilized and unregulated units may not be required to deposit more than one(1) month's rent as security deposit. Abolishes pre-paid rent advances. No more first and last month's rent accepted or required at beginning of tenancy.

New York's Housing Stability and Tenant Protection Act of 2019 (HSTPA) changed General Obligations Law that pertain to Inspection of Premises, Return of Security Deposit (GOL Section 7-108(1-a)(c)-(e).

Prior to 2019 HSTPA a security deposit had to be returned within a “reasonable time.”

Post 2019 HSTPA after a lease is signed but before occupancy begins, landlords must offer tenants an opportunity to inspect apartments (with landlord present).  After inspection, the parties must enter into a written agreement attesting to the condition of the apartment and noting any defect of damage.  The agreement is admissible as evidence of the condition of the premises at the beginning of the occupancy only in actions related to returning the security deposit and not for warranty of habitability 

Upon a tenant's notice of intent to vacate, landlord must conduct exit walk thru no more than two (2) weeks and no less than one (1) week before the surrender.  Landlord must give 48 hours' notice of inspection.  Tenant may be present. After inspection, landlord must give itemized statement specifying repairs and cleaning that shall be the basis of any security-deposit deduction.  Tenant may cure any condition before tenancy ends.

Landlord has fourteen (14) days from tenant's vacatur to return security and an itemized statement if any portion of the deposit is retained for nonpayment of rent, nonpayment of utility charges, damaged caused by tenant beyond normal wear and tear and moving, or storage of tenant's belongings.  If landlord fails to provide itemization of deposit within fourteen (14) days, landlord forfeits right to retain any portion of security deposit. The security deposit cannot be withheld based on a claim of wear and tear, attorneys' fees, late fees, additional rent, or other miscellaneous charges. The itemized statement must specify any repairs or cleaning that shall be the basis of any deduction from the security deposit.  Tenant may cure any condition before tenancy ends. In an action disputing the mount of any security deposit retained, landlord has the burden to justify retaining any portion of any security deposit. Willful violation subject to punitive damages up to twice the amount of the deposit. Effective June 14, 2019.

New York's Housing Stability and Tenant Protection Act of 2019 (HSTPA) changed General Business Law that pertain to Conversion to Cooperative and Condominium Ownership (GBL Section 352-e).

Prior to 2019 HSTPA conversions were permitted based on an eviction plan. In a non-eviction plan, at lest 15% of tenants in residence must have agreed to buy before the conversion was effective.

Post 2019 HSTPA the eviction option is eliminated.  For a non-eviction conversion to be effective, at least 51% of tenants in residence must agree to purchase.  Tenants in occupancy have ninety (90) day exclusive right to purchase and six (6) months right of first refusal. Holders of unsold shares and unsold units may lose ability to seek MCIs for capital improvements.  To qualify for an MCI, building must be 35% rent regulated.  Eligible senior citizens or disabled persons who do not purchase may not be subject to unreasonable rent increases or evicted during their occupancy except for nonpayment of rent, illegal use of occupancy of the premises, failure to provide access, or a similar tenant breach of obligations to dwelling-unit owner.  Eligible senior citizen/disable persons who reside in units subject to government regulation remain subject thereto.  Rights granted to eligible senior citizen/disable persons under the plan may not be abrogated or reduced. Coop plan offeror has thirty (30) days from receipt of the form from occupant claiming to be a senior citizen or disable person to challenge the claim.  Dispute brought before the Attorney General, who has thirty (30) days to make a determination.  The determination is subject to CPLR Art. 78 absent fraud, this is the sole method.  NYC only.  Effective June 14, 2019.

New York's Housing Stability and Tenant Protection Act of 2019 (HSTPA) changed General Obligations Law that pertain to Manufactured Homes.

Effective July 14, 2019, HSTPA regulates rent-to-own contracts, including changes in use to the underlying land, and provides for tenant protections, including a bill of right. Caps rent increases at 3% unless landlord can show hardship, then cap is 6%. Applies to one housing community in NYC, on Staten Island.

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