NY Real Estate Exam NY Landlord-Tenant Law & Property Management 2 — Questions and Answers
Question 1: What is the Housing Stability and Tenant Protection Act of 2019?
- A landmark NY law strengthening rent regulation, limiting security deposits, and expanding tenant protections statewide (Correct answer)
- A federal housing law
- A NYC building code update
- A mortgage regulation
Correct answer: A landmark NY law strengthening rent regulation, limiting security deposits, and expanding tenant protections statewide
This comprehensive law made rent stabilization permanent, eliminated vacancy decontrol and bonus, limited security deposits to one month, required longer notice periods, and expanded protections to all NY tenants.
Question 2: What are the grounds for eviction in a rent-stabilized apartment?
- Non-payment of rent, lease violations, owner occupancy (limited), and building demolition (with approval) (Correct answer)
- A landlord can evict for any reason
- Only non-payment of rent
- Wanting to increase the rent above guidelines
Correct answer: Non-payment of rent, lease violations, owner occupancy (limited), and building demolition (with approval)
Rent-stabilized tenants can only be evicted for specific just causes: non-payment, lease violations, owner use (primary residence, limited to one unit), or approved demolition. Market-rate increases are not grounds for eviction.
Question 3: What is the role of NYC Housing Preservation and Development (HPD)?
- To enforce the housing maintenance code, handle tenant complaints about housing conditions, and promote affordable housing development (Correct answer)
- To sell government-owned properties
- To manage public housing (that's NYCHA)
- To collect property taxes
Correct answer: To enforce the housing maintenance code, handle tenant complaints about housing conditions, and promote affordable housing development
HPD enforces the Housing Maintenance Code through inspections and violation issuance, handles complaints about heat, hot water, mold, and other conditions, and administers affordable housing development programs.
Question 4: What are a landlord's obligations regarding heat in New York City?
- Heat season runs October 1 - May 31: minimum 68°F when outside temperature is below 55°F during day, minimum 62°F at night (Correct answer)
- Landlords have no heating obligations
- Heat must be provided year-round at 72°F
- Only buildings with 10+ units have heating requirements
Correct answer: Heat season runs October 1 - May 31: minimum 68°F when outside temperature is below 55°F during day, minimum 62°F at night
NYC Housing Maintenance Code requires landlords to provide heat during 'heat season' (Oct 1 - May 31): 68°F minimum from 6AM-10PM when outside temp is below 55°F, and 62°F minimum from 10PM-6AM.
Question 5: What is a lead paint disclosure requirement in NY?
- Landlords must disclose known lead paint hazards, provide EPA pamphlet 'Protect Your Family From Lead in Your Home,' and maintain records (Correct answer)
- Lead paint disclosure is optional
- Only homes built after 1990 require disclosure
- Only single-family homes require disclosure
Correct answer: Landlords must disclose known lead paint hazards, provide EPA pamphlet 'Protect Your Family From Lead in Your Home,' and maintain records
Federal law (and NY regulations) require landlords of pre-1978 housing to disclose known lead-based paint hazards, provide the EPA lead hazard pamphlet, and include lead paint disclosure language in leases.
Question 6: What is rent overcharge and how can tenants address it in NY?
- When a landlord charges rent exceeding the legal regulated rent, tenants can file a complaint with DHCR for rent reduction and overcharge refund (Correct answer)
- Rent overcharge only applies to commercial properties
- Tenants have no remedy for overcharges
- Only the AG can address rent overcharges
Correct answer: When a landlord charges rent exceeding the legal regulated rent, tenants can file a complaint with DHCR for rent reduction and overcharge refund
Tenants in rent-regulated apartments who believe they are being overcharged can file a complaint with the Division of Housing and Community Renewal (DHCR). If confirmed, the rent is adjusted and overcharges refunded.
NY Real Estate Exam NY Landlord-Tenant Law & Property Management 2
What is the Housing Stability and Tenant Protection Act of 2019?