13.02.2021

Category: Senior rental rights

Senior rental rights

Learn about Tenant Resources as the coronavirus crisis continues to evolve. In New York City, tenants have many rights relating to the safety and quality of their housing. Tenants should expect to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions.

Tenants have responsibilities to their building owners and other tenants - including not damaging the building, and responding to annual owner inquiries related to window guards, lead-based paint, and to maintain smoke and carbon monoxide detectors.

Changes to New York State rent laws, recently passed by lawmakers in Albany, make it harder for landlords to evict any tenant. In addition, the new rent laws strengthened protections for New Yorkers living in rent-controlled or rent-stabilized apartments.

senior rental rights

DHCR is the State's affordable housing agency, with a mission to build, preserve, and protect affordable housing and increase home ownership throughout New York State.

As of June 14,there are new laws protecting tenants in New York State. The new rent laws are permanent unless the legislature amends, repeals, or terminates them.

senior rental rights

Owners and tenants have legal responsibilities to each other. HPD is one of many city and state agencies that enforce those responsibilities. This booklet is designed to help owners and tenants gain an understanding of the rules and regulations affecting housing, and to provide information about how to receive assistance. Inside the guide you will find information about owners' and tenants' rights and responsibilities, staying in your apartment safely, resources for new affordable housing or rental assistance, and useful contact information for other housing related issues.

Tenants must comply with the provisions of the law and are responsible for violations caused by willful acts, gross negligence, and abuse.

senior rental rights

These as well as unreasonable refusal to allow access to the apartment by the owner or his or her agent or employee for the purpose of making repairs or improvements required by the Housing Maintenance Code and Multiple Dwelling Law may constitute grounds for eviction proceedings.

Tenants are also responsible to respond to owners on legally required notices, including the notice regarding lead-based paint and window guards. Owners must ensure that buildings are safe, clean and well maintained, in both common areas and in individual apartments.

Among other responsibilities, owners must provide and maintain security measures, heat, hot and cold water, and good lighting. If you are a tenant in a privately-owned building, there are several things you can do to get your landlord to make repairs; however, you may want to take the following steps in order to establish a record:. Tenants living in an HPD-owned building who have complaints about the maintenance of their apartment should call or for assistance.

Tenants without heat or hot water should file a complaint by calling TTY or online at nyc. Heat is required between October 1st and May 31st, a period designated as "Heat Season. These is peeling paint in my apartment and I have a child under 6.

How can I find out if there is lead-based paint and what is my landlord supposed to do? Tenants should report peeling paint in an apartment to the landlord. If the landlord does not fix peeling paint or if work is being done in an unsafe manner for example, creating dust that is not being containedtenants should call Tenants may also call to learn how to prevent lead poisoning, find out where to get their children tested, find information about pregnancy and lead, or request brochures and materials on lead poisoning prevention.She had declined the first offer several years ago when the building was originally converted to a co-op and remained a tenant of the co-op sponsor.

She has since declined the second offer, too, but this time her apartment was sold to an investor. Family members now fear the new owner will evict her when the lease expires. What rights does my grandmother have?

What should we do? In fact, lawyers who specialize in housing matters say, unless the woman stops paying her rent, she will probably be able to remain in the apartment for the rest of her life, no matter how many one-year lease renewals that may take. Still, the family's questions -- and fears -- remain.

And they are not at all uncommon. Donna Dougherty, the lawyer in charge of the private, nonprofit Queens Legal Services for the Elderly, said that elderly residents and their families are often unaware or misinformed regarding the rights and services to which the aged are entitled. For example, she said, while some residents may be unaware that they have any special protections, there are others who believe that "senior citizens" are totally immune to eviction.

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Dougherty said. Elderly residents do, however, have some significant additional rights as tenants. For example, tenants 62 and older have little to fear from a co-op or condominium conversion, said Peter Schwartz, a Manhattan lawyer who specializes in landlord-tenant law. State law, Mr. Schwartz said, grants broad protection to elderly residents in buildings being converted -- even if the resident does not buy the apartment and the person who ultimately buys it wants to occupy it.

As a practical matter, Mr.

Landlord/Tenant Guide

Schwartz said, it is difficult if not impossible to evict a tenant 62 or older from an apartment following a conversion. In fact, even when confined to a nursing home, elderly tenants retain the rights to their apartments as long as they continue paying rent. On the other hand, if an elderly resident is moving into a nursing home permanently and wants to break an existing lease he or she may do so with no liability.

Still, there are some situations in which elderly residents have no special rights. Schwartz pointed out, for example, that tenants in unregulated apartments and private homes typically have no special protection against eviction once their lease expires, even if they pay their rent faithfully.

And, of course, anyone who fails to pay their rent or mortgage faces eviction or foreclosure regardless of their age or tenancy status. But elderly residents have a safety net. In cases involving tenant rights or a pending eviction, Ms. Taylor said, callers are referred to the Legal Services for the Elderly office in the borough where they live.

Renting rights: What you're entitled to as a private tenant - ITV News

The service, which is funded by the Department for the Aging, provides free legal assistance to residents 60 years and older on a "priority" basis, with health, shelter and safety problems receiving the highest priority. Dougherty, of the Queens office, said that about 50 percent of the cases her office handles involve nonpayment of rent and potential foreclosures.

In fact, Ms. Taylor of the Department of Aging said that many crisis situations can be avoided if elderly residents take advantage of the services and benefit programs available to them. One such program, she said, is the Senior Citizen Rent Increase Exemption program, known as Scrie, which provides qualified elderly tenants in rent-regulated apartments or hotel housing with exemptions from rent increases.

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To be eligible for the program, Ms. Once those criteria are met, she said, the tenant is exempt from any rent increase -- including hardship, fuel and capital improvement increases. The landlord, on the other hand, still receives whatever rent increases he or she may have been entitled to in the form of property tax abatements which reduce the landlord's property taxes. The property must be used exclusively for residential purposes and have no more than three units.

Low- and moderate-income homeowners 60 years old and older may also be eligible to obtain free labor for household repairs through various organizations working in cooperation with the Department of Aging.

And finally, owners of one- to four-family dwellings who are 60 or older and meet certain income requirements may qualify for the Senior Citizen Homeowner Assistance Program.

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The program, financed by the Parodneck Foundation, a nonprofit community development organization, provides qualified homeowners with three types of home-repair loans:.Senior living communities target people over 55 years old, and specialize in providing housing adapted to the needs of older people. The communities are also known as active-adult communities or age-restricted communities. They offer independent living, but may also provide facilities for assisted living.

Landlord & Tenant Rights

Some senior living communities offer single-family homes that seniors can buy, while others are apartment communities with rental units.

At least 80 percent of the units in a senior living community, whether for purchase or for rent, must have one occupant who is 55 years old or older. In order to keep the designation of a senior living community, HUD requires management to conduct an audit of its residents every two years, and submit the age of each person living in the community to HUD. This survey requires that each occupant must show identification such as a drivers license, military ID, state-issued ID, immigration card, passport or birth certificate.

The community must retain a copy of the survey submitted to HUD. Besides recording the ages of the community's residents, the management of an active adult community must market the units specifically to the senior community. Twenty percent of the housing units can be occupied by residents younger than 55, but HUD wants to make sure that the community directs its advertising and marketing to the senior community and not to younger households.

In smaller communities, advertising to senior citiens may not be an issue, but some senior develpments are massive, with thousands of units. HUD regulations ensure that a developer does not target the younger market in its advertising materials. If there is evidence that the marketing is being targeted to younger households, the community could lose its designation as a senior community.

HOPA requires that senior communities be separate from other housing units in a large development. If the plus community is a rental community, all the apartments must be in a building that is separate from unrestricted rentals within the community. In for-sale home communities, the active adult housing has to be contiguous.

For example, if a builder wants to create a senior living community within an existing planned community, she must make sure that the senior units are distinct and separate from homes being sold to the mainstream market. This can be accomplised by fencing the parcel or using roads and streets as a boundary. Jackie Johnson is a published writer and professional blogger, and has a degree in English from Arizona State University. Her background in real estate analysis prepared her for objective thinking, researching and writing.

Skip to main content. Age Qualifications At least 80 percent of the units in a senior living community, whether for purchase or for rent, must have one occupant who is 55 years old or older.

Marketing Besides recording the ages of the community's residents, the management of an active adult community must market the units specifically to the senior community. Community Design HOPA requires that senior communities be separate from other housing units in a large development. About the Author Jackie Johnson is a published writer and professional blogger, and has a degree in English from Arizona State University.Your rental agreement can be verbal, written, implied, or a combination of them.

Depending on how the lease is worded, you may have a new lease for the same term [like a new year] or the more common month-to-month tenancy, which happens automatically by law [Civil Code ], under the same terms and conditions except for the tenancy being month-to-month. One such law concerns your security deposit. The law requires that it be returned to you within 21 days after you leave, minus only certain legal deductions.

The law prohibits the landlord from making it non-refundable. That law is to assure that each rental unit complies with building and zoning laws.

If the unit is not legal, and there are plenty of such illegal duplexes, converted garages, and assorted buildings, the landlord cannot demand or accept any rent for that structure. In rent controlled cities like Los Angeles, the landlord is also required to register a residential rental unit and charge only a legal rent, before even asking for rent.

This is under a separate public policy encouraging Day Care so that parents may be employed and not stuck on Welfare roles. The landlord cannot discriminate against children. The landlord can restrict the number of people who live in an apartment, however. The same prohibitions against discrimination for race, religion, sex, and nationality differences exist in rental laws as in other businesses.

The Fair Housing Council specializes in those cases and have staff that investigate and even prosecute. Just because a person leases out a unit or brings an eviction action does not mean that they have a right to do so. There are laws designed to make people get licenses and file certain papers with the government, and the punishment for failing to comply often includes the prohibition to sue for or collect on the resulting arrangement.

Tenants are sometimes the beneficiaries of this arrangement. The failure to register a rent-controlled unit prohibits the landlord from asking for rent or suing to evict the tenant. Who is that? Failure to do so bars their lawsuit — they have no authority to sue until after complying with the filing requirements, under Business and Professions Code Section See the Find Your Landlord section of this site.

The punishment imposed by the law for those who manage without a license is that the agreements are unenforceable. They even lack authority to evict you. Eventually, the owners would have to step in and try to take back possession, but no money. There are too many variables to discuss in this limited space, but the examples above suffice to advise you that your rights are not limited to the piece of paper you sign. Consult a lawyer for more details that apply to you.

When the landlord rents out their unit to you, they sell you the right to exclusive possession of your unit. The landlord chooses to have the money, rather than exclusive possession, the same as though they sold the property to someone else — they no longer have the right to possession. If the landlord comes into your rental unit, he is a trespasser, the same as any stranger, with one special exception.

senior rental rights

Under Civil Code Sectionthe landlord may enter your rental unit 1 in an emergency, like a fire or broken pipe, or 2 upon reasonable advance notice, and then only to inspect, repair, or show the apartment, during normal business hours. You do not have to be home when they come, but they are are liable for anything stolen or broken during such entry. The manager who snoops in your apartment because they have a key can be controlled by practical means, even though there is no legal authority to approve or prohibit the practice.

The law now requires a landlord to provide dead bolt locks on the doors and adequate locks on the windows of a residential rental unit. Civil Code Section Agency Directory Online Services. It is important to both tenants and landlords that rules ensure that these rental transactions are conducted fairly.

State law provides a legal framework for the relationship between landlords and tenants. Many disputes between landlords and tenants can be avoided if both parties understand their legal rights and responsibilities. The Guide for Landlords and Tenants answers commonly asked questions about landlord-tenant rights and responsibilities in simple language.

The guide is intended to help landlords and tenants avoid common problems and resolve them when they do occur. It is not intended to be a comprehensive guide or a substitute for legal advice.

Property managers are encouraged to familiarize themselves with the requirements in the handout prior to the application of any pesticides including insecticides, rodenticides, fungicides, herbicides and any other product intended to kill living things.

Consumer fact sheet: Tenant Rights and Responsibilities.The elderly can make fantastic tenants. The mistakes of youth are behind them, they infrequently engage in criminal activities, and if they are taking Social Security or are pension beneficiaries, they have reliable incomes. Elderly tenants also present some unique concerns for the landlord.

These concerns include the following:. In some cases, elderly clients have occupied rent-controlled units for a long time, creating a revenue pinch for landlords who could get more income if the current tenant moved.

This creates a powerful incentive to create problems for the elderly tenant in hopes they move on—a course of action which, if found to be discriminatory, is almost always illegal. When screening prospective tenants, you may not discriminate against them on the basis of age. These acts prohibit:.

HUD Laws on Senior Living Communities

You don't have to favor elderly applicants or tenants, but you can't disfavor them, either, by imposing extra requirements for them. Discrimination against elderly tenants with disabilities is also prohibited.

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You can't ask about them. Even if there are mental health issues that are readily apparent, you cannot make your decision to lease or not lease based on a disability. As a landlord, you must make reasonable accommodations for tenants with disabilities at your expense, not the tenant's. You may have to do things like install grip rails in showers or allow for an assistance animal when you normally don't take pets.

You may need to provide a reserved handicapped parking space near the dwelling entrance. The law generally does not require small-scale landlords to make major structural changes.

The applicable law here is generally the Americans with Disabilities Actalthough sections of the Fair Housing Act may also apply. For example, while the ADA only allows for service dogs in public accommodations, the Fair Housing Act also requires landlords to accept therapy animals that do not perform a specific task for the owner. Exemptions: The federal fair housing laws don't apply to buildings with four units or fewer if the owner lives on premises, nor to single-family homes rented without using advertising and without a broker.

However, this is limited to three houses per landlord. Don't let your tenant fall hopelessly behind in rent payments. Some charitable agencies will not assist tenants who are more than 30 days behind in rent, for example. The focus will not be on getting you paid, but on finding new housing for the tenant. By letting a struggling tenant slide on rent, you may actually make things more difficult for the tenant and endanger your own financial situation.This section will address such issues as resident rights for seniors in nursing homes, information on how to apply for in-home supportive services allowing you to stay in your home, how to research license information on medical professionals as well as insurance agents and brokers, what you should know before hiring a contractor, as well as what you should know before hiring a non-licensed caregiver.

Be aware of your rights before buying insurance, such as your right to look up an agent, broker, or insurance company. View a list of things to consider before buying insurance. Review important information you need to know before hiring a contractor to do work on your home. Before hiring, you have the right to check a non-licensed caregiver's criminal history through the Elder Care Employer. The Department of Public Health offers assistance in understanding your rights as a nursing home resident.

The Department of Insurance is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool. The Departmenf of Insurance is also unable to guarantee the same page layout for all the languages. Depending on the languages, the page layout may look strange from the original.

Please consult with a translator for accuracy if you are relying on the translation or are using this site for official business. A copy of this disclaimer can also be found on our Disclaimer page. Search this site:. Font Size: A A A. Insurance : Be aware of your rights before buying insurance, such as your right to look up an agent, broker, or insurance company.

Caregiving Services : Before hiring, you have the right to check a non-licensed caregiver's criminal history through the Elder Care Employer. Download Free Document Readers.


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