NY Real Estate Exam NY Landlord-Tenant Law & Property Management — Questions and Answers
Question 1: What is rent stabilization in New York City?
- A system limiting annual rent increases for eligible apartments, covering approximately 1 million units in NYC (Correct answer)
- A voluntary program landlords can join
- A federal housing program
- A type of rent insurance
Correct answer: A system limiting annual rent increases for eligible apartments, covering approximately 1 million units in NYC
Rent stabilization limits rent increases (set annually by the Rent Guidelines Board), provides renewal lease rights, and protects tenants from eviction without just cause. It applies to buildings with 6+ units built before 1974.
Question 2: What is the security deposit limit in New York?
- One month's rent maximum, and the deposit must be held in a separate interest-bearing account (Correct answer)
- Three months' rent
- No limit on security deposits
- Six months' rent
Correct answer: One month's rent maximum, and the deposit must be held in a separate interest-bearing account
The Housing Stability and Tenant Protection Act of 2019 limits security deposits to one month's rent, requires deposits be held in interest-bearing accounts, and requires return within 14 days of lease termination.
Question 3: What notice must a NY landlord provide before a lease renewal or non-renewal?
- 30, 60, or 90 days advance written notice depending on tenancy length (under 1 year, 1-2 years, or over 2 years) (Correct answer)
- No notice is required
- 24 hours notice
- 7 days notice for all tenancies
Correct answer: 30, 60, or 90 days advance written notice depending on tenancy length (under 1 year, 1-2 years, or over 2 years)
NY requires landlords to provide advance written notice of non-renewal: 30 days for tenancies under 1 year, 60 days for 1-2 years, and 90 days for tenancies over 2 years or in rent-regulated apartments.
Question 4: What is the warranty of habitability in New York?
- An implied warranty in every residential lease that the landlord must maintain the premises in a condition fit for human habitation (Correct answer)
- A guarantee that no repairs will ever be needed
- A warranty on appliances provided by the landlord
- A building inspection certificate
Correct answer: An implied warranty in every residential lease that the landlord must maintain the premises in a condition fit for human habitation
NY Real Property Law §235-b implies a warranty that premises will be maintained in habitable condition, including working plumbing, heat, electricity, and freedom from vermin. Tenants cannot waive this right.
Question 5: What are a tenant's rights regarding repairs in New York?
- Tenants can request repairs, withhold rent in escrow for serious habitability issues, or use the repair-and-deduct remedy in certain circumstances (Correct answer)
- Tenants must make all repairs themselves
- Tenants have no right to request repairs
- Only commercial tenants can request repairs
Correct answer: Tenants can request repairs, withhold rent in escrow for serious habitability issues, or use the repair-and-deduct remedy in certain circumstances
NY tenants can notify landlords of needed repairs, file complaints with housing agencies (HPD in NYC), withhold rent through court proceedings, or use rent abatement claims based on the warranty of habitability breach.
Question 6: What is the eviction process in New York?
- Landlords must provide proper notice, file a petition in housing court, attend a hearing, obtain a judgment, and use a city marshal to execute the warrant of eviction (Correct answer)
- Landlords can simply change the locks
- A 24-hour verbal notice is sufficient
- Eviction does not require court involvement
Correct answer: Landlords must provide proper notice, file a petition in housing court, attend a hearing, obtain a judgment, and use a city marshal to execute the warrant of eviction
NY has strict eviction procedures: proper predicate notice, court filing, appearance, potential trial, judgment, and execution only through a city marshal or sheriff. Self-help eviction (changing locks, removing belongings) is illegal.
NY Real Estate Exam NY Landlord-Tenant Law & Property Management
What is rent stabilization in New York City?