New York law: the sections that decide everyday disputes

Text source: Vaquill Open US Law, compiled from official state publishers, license CC BY 4.0. 64 sections.

Renting a home

The warranty of habitability, security deposits, good cause eviction, notice periods, roommates, subletting and fees.

N.Y. General Obligations Law § 5-321 Lease negligence exemption void: N.Y. GOL §5-321 N.Y. GOL §5-321 voids any lease covenant that exempts a landlord from liability for injuries to person or property caused by the landlord's negligence. N.Y. General Obligations Law § 7-103 Money Held in Trust: N.Y. General Obligations Law § 7-103 Security deposits remain tenant money held in trust and cannot be mingled. Landlords of six or more family units must use interest-bearing accounts. N.Y. General Obligations Law § 7-105 Turn over deposit within five days:N.Y. Gen. Oblig.§ 7-105 Sold or foreclosed: landlord must turn over security deposit to new owner within five days, notify tenant by certified mail. Failure is misdemeanor. N.Y. General Obligations Law § 7-108 GOL § 7-108: one month's security, itemized in fourteen days General Obligations Law § 7-108 caps most New York security deposits at one month's rent and requires an itemized return within fourteen days. N.Y. Real Property Law § 215 RPL § 215: no removal without good cause Real Property Law § 215 forbids removing a tenant from covered housing - by eviction, exclusion or non-renewal - except for good cause under § 216. N.Y. Real Property Law § 216 Good cause eviction grounds: N.Y. Real Property Law § 216 Nonpayment above local rent standard (rebuttably presumed unreasonable), lease violation, nuisance, and violation of law are grounds for eviction under § 216. N.Y. Real Property Law § 218 RPL § 218: a tenant cannot sign away good cause eviction protection Real Property Law § 218 makes void any lease clause by which a tenant waives or modifies the rights set out in New York's good cause eviction article. N.Y. Real Property Law § 223-b No Retaliatory Eviction: N.Y. Real Property Law § 223-b N.Y. Real Property Law § 223-b bans evicting or refusing lease renewals after tenant complaints and sets a one-year presumption of retaliation by the landlord. N.Y. Real Property Law § 226-b Thirty-Day Sublet Rule: N.Y. Real Property Law § 226-b Tenants in dwellings of four or more units may sublet with consent. Landlords must respond within thirty days; failure to respond is deemed consent. N.Y. Real Property Law § 226-c Five percent rent notice: N.Y. Real Property Law § 226-c N.Y. Real Property Law § 226-c requires thirty, sixty, or ninety days' written notice for a rent increase of five percent or more or lease non-renewal. N.Y. Real Property Law § 227 Stop rent if untenantable: N.Y. Real Property Law § 227 Under RPL § 227, if a building is destroyed or untenantable without tenant fault, the tenant may surrender possession and stop paying future rent. N.Y. Real Property Law § 227-a RPL § 227-a: ending a lease to enter care or move in with family, at 62 or with a disability Real Property Law § 227-a lets a tenant aged 62 or over, or with a disability, end a lease to enter a care facility or move in with a family member. N.Y. Real Property Law § 227-e Landlord must re-rent: N.Y. Real Property Law § 227-e N.Y. Real Property Law § 227-e requires landlords to take reasonable steps to re-rent at the lower of fair market value or lease rate. Exemption clauses void. N.Y. Real Property Law § 227-f No Housing Court Rejection: N.Y. Real Property Law § 227-f N.Y. landlords cannot refuse to rent based on past or pending housing court cases. Violators face civil penalties from five hundred to one thousand dollars. N.Y. Real Property Law § 232-a NYC Notice to Terminate: N.Y. Real Property Law § 232-a N.Y. Real Property Law § 232-a requires written notice to end a month to month tenancy in NYC, or at least thirty days before expiration for non-residential. N.Y. Real Property Law § 232-b One month notice: N.Y. Real Property Law § 232-b N.Y. Real Property Law § 232-b allows a tenant or non-residential landlord to end a month-to-month tenancy outside NYC by giving one month's notice. N.Y. Real Property Law § 234 RPL § 234: if the lease gives the landlord legal costs, the tenant gets them too Real Property Law § 234 implies a reciprocal covenant into a residential lease that gives the landlord attorneys' fees, so the tenant may recover too. N.Y. Real Property Law § 235 Cutting Heat Is a Violation: N.Y. Real Property Law § 235 N.Y. Real Property Law § 235 makes it a violation for a landlord or agent to wilfully fail to supply heat, water, light, or power, or disturb quiet enjoyment. N.Y. Real Property Law § 235-a Deduct Utility From Rent: N.Y. Real Property Law § 235-a Under N.Y. Real Property Law § 235-a, a residential tenant who pays an unpaid utility bill may deduct it from rent. Owners are liable for damages. N.Y. Real Property Law § 235-b Warranty of Habitability: N.Y. Real Property Law § 235-b NY residential leases warrant premises fit for human habitation under N.Y. Real Property Law § 235-b. Tenant waivers are void; no expert testimony is required. N.Y. Real Property Law § 235-c Refuse unfair lease clause: N.Y. Real Property Law § 235-c Under N.Y. Real Property Law § 235-c, a court may refuse to enforce an unconscionable lease or clause and allows parties to present evidence of its context. N.Y. Real Property Law § 235-d Loft Tenant Harassment: N.Y. Real Property Law § 235-d In cities of one million or more, tenants in former manufacturing or warehouse buildings may apply to supreme court for an injunction against harassment. N.Y. Real Property Law § 235-f One Roommate Allowed: N.Y. Real Property Law § 235-f N.Y. Real Property Law § 235-f permits one tenant to share an apartment with one additional occupant and requires notice within thirty days. N.Y. Real Property Law § 238-a Twenty Dollar Fee Cap: N.Y. Real Property Law § 238-a N.Y. Real Property Law § 238-a caps background checks at twenty dollars, limits late fees to fifty dollars or five percent of rent, and regulates check fees.

Condominiums and common charges

Unit ownership, common elements, how charges are apportioned, the lien for arrears, and rebuilding after damage.

N.Y. Real Property Law § 339-cc RPL § 339-cc: rebuilding a damaged condominium, and the three-quarters rule Real Property Law § 339-cc makes a condominium board rebuild using insurance proceeds, and allows partition only after a three-quarters destruction. N.Y. Real Property Law § 339-h Exclusive Unit Ownership: N.Y. Real Property Law § 339-h N.Y. Real Property Law § 339-h establishes that each condominium unit owner shall be entitled to the exclusive ownership and possession of his unit. N.Y. Real Property Law § 339-i Condo Board Access Rights | N.Y. Real Property Law § 339-i Under NY RPL § 339-i, condo boards have irrevocable right of access for repairs. Altering common interest percentages requires consent of all affected owners. N.Y. Real Property Law § 339-k Condo alteration consent: N.Y. Real Property Law § 339-k Under N.Y. Real Property Law § 339-k, no unit owner may do work jeopardizing safety, reducing value, or adding structures without consent of affected owners. N.Y. Real Property Law § 339-m RPL § 339-m: how condominium common charges are apportioned Real Property Law § 339-m charges common expenses to condominium unit owners according to their common interests, with defined exceptions for special allocations. N.Y. Real Property Law § 339-w Condo Books Open Weekdays: N.Y. Real Property Law § 339-w N.Y. Real Property Law § 339-w requires condo boards to keep financial records open to unit owners on weekdays and render a report at least once annually. N.Y. Real Property Law § 339-x RPL § 339-x: you cannot escape common charges by not using the building Real Property Law § 339-x: no condominium unit owner may avoid common charges by waiving use of the common elements or abandoning the unit. N.Y. Real Property Law § 339-z First Mortgage Superior: N.Y. Real Property Law § 339-z N.Y. Real Property Law § 339-z ranks condo liens for unpaid common charges behind first mortgages and taxes, and limits buyer liability to the board statement.

Divorce, support and children

Grounds for divorce and separation, the residence requirement, maintenance, enforcement, and grandparent visitation.

N.Y. Domestic Relations Law § 72 Grandparent Visitation: N.Y. Domestic Relations Law § 72 N.Y. DRL § 72 allows grandparent visitation if a parent dies or in equity, and custody for extraordinary circumstances, such as twenty-four months separation. N.Y. Domestic Relations Law § 170 DRL § 170: the seven grounds for divorce in New York Domestic Relations Law § 170 lists the grounds for divorce in New York, including irretrievable breakdown for at least six months stated under oath by one party. N.Y. Domestic Relations Law § 200 DRL § 200: the grounds for a judgment of separation in New York Domestic Relations Law § 200 sets out the grounds on which a married person may maintain an action for a separation from bed and board in New York. N.Y. Domestic Relations Law § 230 1-year residence required (with exceptions) - NY DRL § 230 DRL § 230 requires 1-year continuous residence unless cause in NY and both residents (no wait), or 2-year residence otherwise. N.Y. Domestic Relations Law § 234 DRL § 234: who stays in the house while the divorce runs Domestic Relations Law § 234 lets a New York court decide questions of title between spouses and direct who has possession of property, including the family home. N.Y. Domestic Relations Law § 241 DRL § 241: withholding visitation can suspend maintenance - but never child support Domestic Relations Law § 241 lets a court suspend alimony or maintenance where a custodial parent wrongfully interferes with visitation, but not child support. N.Y. Domestic Relations Law § 244 DRL § 244: turning unpaid support into an enforceable money judgment Domestic Relations Law § 244 lets a court enter judgment for arrears of child support or other matrimonial payments, with interest for a willful default. N.Y. Domestic Relations Law § 248 Maintenance ends on remarriage – N.Y. DRL §248 Under N.Y. DRL §248, maintenance ends when the payee remarries. It may end if the payee cohabits while holding out as a spouse. N.Y. General Obligations Law § 5-311 Void Support Waivers: N.Y. General Obligations Law § 5-311 N.Y. GOL § 5-311 voids agreements between husband and wife to alter or dissolve marriage, or to waive support if a spouse becomes a public charge.

Contracts and debts

What must be in writing, no-oral-modification clauses, automatic renewals, usury, settlements, and reviving an old debt.

N.Y. General Obligations Law § 5-501 GOL § 5-501: New York's usury limit on loans and forbearances General Obligations Law § 5-501 sets New York's maximum rate of interest on loans and lists the transactions the usury laws do not reach. N.Y. General Obligations Law § 5-701 NY Statute of Frauds: N.Y. General Obligations Law § 5-701 Agreements not to be performed within one year, promises to answer for another's debt, and bankruptcy debts are void unless in writing and signed. N.Y. General Obligations Law § 5-703 Must Be in Writing: N.Y. General Obligations Law § 5-703 Under N.Y. General Obligations Law § 5-703, real property sales, trusts, and leases for longer than one year are void unless in a signed writing. N.Y. General Obligations Law § 5-903 Renewal Notice Rule: N.Y. General Obligations Law § 5-903 Under N.Y. General Obligations Law § 5-903, automatic renewal clauses are unenforceable unless written notice is given fifteen to thirty days beforehand. N.Y. General Obligations Law § 15-108 GOL § 15-108: settling with one of several wrongdoers General Obligations Law § 15-108: releasing one tortfeasor does not discharge the others, but reduces the claim by the greatest of three measures. N.Y. General Obligations Law § 15-301 Written change requires signed writing: N.Y. GOL § 15-301 N.Y. General Obligations Law § 15-301 requires a signed writing to change or end a written contract that contains a no-oral-modification clause. N.Y. General Obligations Law § 17-101 GOL § 17-101: putting an old debt back on the clock General Obligations Law § 17-101 makes a signed writing the only competent evidence that takes an old claim out of the statute of limitations.

Business partners

When a partnership exists, personal liability for the firm's debts, the duty to account, and what a departing partner is owed.

N.Y. Partnership Law § 11 Profit is prima facie evidence: N.Y. Partnership Law § 11 Receiving business profits is prima facie evidence of a partnership in New York, unless paid as wages, rent, debt, interest, annuity, or goodwill. N.Y. Partnership Law § 26 Partners Liable Unless LLP | N.Y. Partnership Law § 26 Partners are jointly and severally liable under sections twenty-four and twenty-five and jointly for other debts, but registered LLP partners are protected. N.Y. Partnership Law § 40 Equal profits, no salary: N.Y. Partnership Law § 40 N.Y. Partnership Law § 40 rules: partners share profits equally, have equal management rights, get no salary, and decide ordinary matters by majority vote. N.Y. Partnership Law § 43 Partnership Law § 43: a partner must account for any private benefit Partnership Law § 43 makes every partner account as a fiduciary, holding as trustee any profit taken without the other partners' consent. N.Y. Partnership Law § 44 Partnership Law § 44: a partner's right to a formal account Partnership Law § 44 gives any partner the right to a formal account of partnership affairs, including on wrongful exclusion from the business. N.Y. Partnership Law § 73 Retiring partner share value: N.Y. Partnership Law § 73 Under N.Y. Partnership Law § 73, a retiring partner or estate gets the value of their interest at dissolution plus interest or profits as an ordinary creditor.

Buying, selling and owning land

The property condition disclosure statement, broker licensing, joint tenancy with survivorship, and lines under a private road.

N.Y. Real Property Law § 240-c Sever Unilaterally by Deed: N.Y. Real Property Law § 240-c A joint tenant may unilaterally sever a joint tenancy without consent by deed or written instrument recorded in the county prior to the death of the tenant. N.Y. Real Property Law § 335-a Lay utility lines under private road – NY RPL § 335-a Under NY RPL § 335-a, subdivision lot owners not on a public road may lay utility lines under the private road on the map, if they restore and pay damages. N.Y. Real Property Law § 442-d No license? No commission – N.Y. Real Property Law § 442-d N.Y. Real Property Law § 442-d: No unlicensed person can sue for a real estate commission; must prove license held on date claim arose. N.Y. Real Property Law § 462 Deliver Before Signing | N.Y. Real Property Law § 462 Sellers of one to four family dwellings must deliver a signed property condition disclosure statement prior to buyer signing a binding contract under RPL 462. N.Y. Real Property Law § 465 Liable for Willful Failure: N.Y. Real Property Law § 465 Under N.Y. Real Property Law § 465, a seller is liable only for a willful failure regarding disclosure statements, covering the buyer's actual damages. N.Y. Real Property Law § 466 RPL § 466: what the estate agent must tell you about the disclosure statement Real Property Law § 466 makes a listing agent inform the seller, and an agent inform the buyer, of the disclosure article before a binding contract.

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The pages in this section reproduce legislation in force at the date shown and explain it in general terms. They are not legal advice and take no account of the circumstances of any individual case. For a live dispute, consult a qualified lawyer.