Finding A New Home

As many tenants know, moving can be a costly and stressful process. In many cities, including Albany, there may not be enough affordable housing units to meet the needs of residents. Being on a tight timeline, having limited financial resources, and transportation barriers can also make it more difficult to find housing. 

Some people may find themselves needing to make housing decisions quickly, without taking enough time to figure out whether a unit really meets their needs and its their budget. This is why it is important to consider your housing wants vs. needs, as well as how much you can really afford to pay for rent each month. 

Know Your Housing Wants vs. Needs

It is important to understand your housing wants and needs in order to have the best rental experience possible. Needs include things you must have in order to be safe and comfortable in your housing. Wants are items that would be nice to have, but are not necessary to live.

A Housing Needs and Wants Checklist can help you to prioritize what is most important to you in your housing. You can view or download a copy of a Housing Needs and Wants Checklist from the "Helpful Downloads" tab to the right.

Helpful Downloads

• Housing Needs and Wants Checklist (PDF)
• Rental Comparison Chart (PDF)
• Sample Explanation of Barriers Letter (PDF)
• Sample Rental Application (PDF)

Know What You Can Afford

One of the first steps to take when looking for a place to live is to figure out what you can afford to pay for rent each month. You will need to consider all of your sources of income and expenses, including any expenses related to housing (e.g. utilities, parking, laundry costs, etc.). 

A good rule of thumb: Try to keep your housing costs within 30% of your take-home pay. 

Searching for Housing Online

The following websites may be helpful in looking for affordable rental units:

• HUD Resource Locator: www.resources.hud.gov/#
• New York Housing Search: www.newyorkhousingsearch.gov
• Craigslist: www.albany.craigslist.org
• Facebook: www.facebook.com/marketplace/category/propertyrentals
• Rent.com: www.rent.com
• Apartments.com: www.apartments.com
• ForRent.com: www.forrent.com
• Apartment Guide: www.apartmentguide.com
• PadMapper: www.padmapper.com
• Hotpads: www.hotpads.com

These websites are not affiliated with nor endorsed by the City of Albany; this listing is only intended to serve as a resource for residents in their housing search.

Avoid Scams!

1. Do not send money or personal information to anyone you have not met in person.
2. Do not apply for or rent a unit without visiting first. 
3. If it seems too good to be true, it may be a scam.

Did you know? You can quickly look up property ownership records for free by visiting https://albanyny.mapgeo.io.  

Other Ways to Look for Housing

Searching for listings online isn't the only way to find a place to live. You can also try these methods:

1. Walk or drive the neighborhood you want to rent in. Many rental listings are never posted online. Try checking the following locations for rental ads: grocery stores, bodegas, gas stations, libraries, churches, community centers, etc.
2. Contact a local housing services provider or non-profit agency for leads. These organizations sometimes maintain listings of available affordable rental units. The following is a listing of some of our housing and related service providers in Albany:

• Albany County Department of Social Services (DSS)
  • Administers financial assistance program (TA) for Albany County
  • Works with individuals and families coming out of homelessness
  • Phone: (518) 447-7300
  • Address: 162 Washington Ave, Albany, NY 12210
  • Website: https://www.albanycountyny.gov/departments/social-services
• Albany Housing Authority (AHA)
  • Administers federal Section 8 and other voucher programs
  • Maintains public housing residences
  • Phone: (518) 641-7500
  • Address: 200 S Pearl St, Albany, NY 12202
  • Website: www.albanyhousing.org 
• Catholic Charities Housing Office
  • Works with people experiencing homelessness and housing instability
  • Provides rental assistance and other services
  • Phone: (518) 459-0183
  • Address: 41 N Main Ave, Albany, NY 12203
  • Email Catholic Charities Housing Office
  • Website: www.cchoalbany.org 
• Homeless and Travelers Aid Society (HATAS)
  • Maintains monthly listing of available housing units in Albany
  • Rapid rehousing (RRH) provider for the unhoused
  • Phone: (518) 463-2124
  • Address: 138 Central Ave, Albany, NY 12206
  • Email HATAS 
  • Website: www.hatas.org
• Legal Aid Society of Northeastern New York (LASNNY)
  • Offers STEHP program for families coming out of homelessness
  • Phone: (833) 628-0087 -- Legal Line
  • Address: 95 Central Ave, Albany, NY 12206
  • Website: www.lasnny.org
• United Tenants of Albany (UTA)
  • May provide financial assistance to tenants looking to move
  • Can help connect tenants searching for housing to landlords with vacant units
  • Phone: (518) 436-8997 x3
  • Address: 255 Orange St, Suite 104, Albany, NY 12210
  • Email UTA 
  • Website: www.utalbany.org 

How to Compare Rental Listings

During your housing search, you will probably look at a number of rental units with very different features. It can be helpful to use a tool such as a Rental Comparison Chart to evaluate these units. A Rental Comparison Chart allows you to easily sort information about each unit, and it can be a helpful reference later on so that you do not forget the details of any property you have visited. This can help you to make a more informed decision. You can view or download a Rental Comparison Chart from the "Helpful Downloads" tab above. 

It is especially important to consider each property's condition, property manager or owner, and the rental policies. The following can help you decide whether or not a rental unit is suitable for you:

Questions to Ask a Potential Landlord

• When is this unit available? How soon are you looking to fill the unit?
• How long is the lease term?
• Does the unit have an ROP (Residential Occupancy Permit)?
• What is the monthly rent? Where/how would I pay rent?
• What is your typical rent increase when someone renews a lease?
• What are your general rental policies like? You may ask to see a sample lease to get an idea of this.
• Are any utilities included with the rent? How much are utilities on average? By law, the landlord must provide you with utility statements for the last two years if you request them.
• What do you like the most about the apartment? 
• What’s the best thing about this neighborhood?
• Are there issues with noise or crime in the neighborhood or around the property?
• What is your maintenance policy? How long does it usually take to make repairs?
•  Who takes care of maintenance and business matters? If not the landlord – Is there a
• property manager nearby?
• How long do your tenants usually stay in their units?
• What do you think makes someone a good tenant?
• What parking options are available?
• Where can I do laundry?
• Are there outdoor areas that I can use?
• Is there additional storage if I need it?

Getting Through the Application Process

Filling Out a Housing Application

Making sure that your rental housing application is complete, truthful, and neat can help to show a potential landlord that you would be a good tenant. Landlords can legally deny any applications that are missing information or include inaccuracies, so be sure to fill out your application completely and honestly. Your rental application is your opportunity to make a good first impression on your future landlord. 

Many landlords charge application fees to offset the costs of background and credit checks. In New York, property managers can only charge application fees that cover their actual out-of-pocket costs to screen a potential tenant. The maximum application fee is $20.

Before you submit your application and pay any fees, you should make sure you understand the landlord's screening criteria, including income limits and any expectations for your rental history. You should only apply to rent a unit if you are serious about living there. If a landlord makes you feel rushed or pressured to finish your application, you can ask to take the application home to return at a later date.

A sample rental application is available above to view or download from the "Helpful Downloads" tab above. You may find it helpful to print and fill out the sample rental application, because you will have all of the information together in one place when it is time to complete an actual rental application.

Dealing with Barriers to Housing

When you complete a rental application, you may realize that your landlord could find some negative information about you from a credit report or background check. One idea to handle that situation would be to include a brief letter explaining your history with your rental application. This may help the landlord to better understand your side of the story. 

If you made a mistake at a previous rental unit, you can tell the landlord what you have done (or will do) differently to fix the situation. If you were involved in a situation that was not your fault, you can still reassure the landlord that you will not have those problems in the future. 

The following template may be helpful when writing a letter explaining your situation:

• At my old apartment, ___________________________________________ happened. 
• This was because ________________________________________________________. 
• Since that time, I have ___________________________________________________.
• I hope that _____________________________________________________.

Here are a few examples: 

1. "At my last apartment, I fell behind on rent due to COVID-19. I applied for rental assistance, and that helped me get caught up. In the future, I will set up automatic bank transfers to make sure my rent is paid on time. I hope that my struggles during the pandemic will not prevent you from renting to me, because I believe I will be an excellent tenant."
2. "My former roommate used to have big parties late at night. Even though I wasn't involved with the parties, our landlord got upset with both of us. Because of that situation, I will not allow my this person to visit me at my new apartment. I hope that the actions of my old roommate will not keep you from renting to me."

A full-length Sample Explanation of Barriers Letter is available to view in the "Helpful Downloads" tab above.

TIP: You may wish to practice explaining your story briefly to a friend or family member. Once you are able to describe what happened in your own words, you can try writing it down. 

Rental Application Screening & Fair Housing Laws

Many landlords use a tenant screening service to help them evaluate rental applications. These services collect information about prospective renters (such as credit histories and background checks). Landlords may also use their own methods of evaluating rental applications, but they must follow state and federal Fair Housing laws. 

The Fair Housing Act is a federal law that requires landlords to treat all of their tenants equally, regardless of their personal characteristics (such as race or gender). When landlords do not provide equal treatment to their tenants, this is called "housing discrimination." Examples of housing discrimination may include: 

• Giving one applicant for housing priority over others
• Refusing to make repairs for certain tenants
• Refusing to rent to certain types of people
• Telling someone that housing is unavailable, when this is not the case
• Requiring higher rents or different lease conditions for the same accommodations
• Denying certain tenants access to services or facilities

In New York State, it is illegal for landlords to treat tenants differently because of their: 

• Race or ethnicity
• National origin
• Biological sex
• Gender identity
• Sexual orientation
• Religion
• Familial status (e.g. whether you are married or have children)
• Disability (including mental health conditions)
• Source of income (e.g. Section 8, Social Security, etc.)

What Information Can Landlords Request When I Apply?

Landlords are allowed to ask you for the following information on your application: 

• Date of birth
• Social security number
• Monthly income
• Employment status*
• Credit score
• Who will live in the unit**
• Rental history
• References

Landlords are NOT allowed to ask you about your: 

• Marital status
• Race or ethnicity
• Religion
• Gender
• Sexual orientation
• Participation in public assistance ("benefits")

* Landlords can ask you about your employment status, but they cannot refuse to rent to you if you use another lawful source of income (e.g. not working due to a disability, but receiving Social Security or Section 8 benefits).

** Landlords can ask you who will live in the unit, but they cannot prohibit your children from living there (as long as the unit will not be overcrowded). 

Know Your Rights! If you believe you have been treated unfairly, contact: 

• New York State Division of Human Rights - Albany Regional Office
  • Phone: 518-474-2705
  • Website: www.dhr.ny.gov/contact-us
• Legal Aid Society of Northeastern New York
  • Phone: 1-833-628-0087
  • Website: www.lasnny.org
• U.S. Department of Housing and Urban Development (HUD)
  • Phone: 1-800-955-2232
  • Website: www.hud.org  

What Is a Lease?

A lease is an agreement between a landlord and a tenant that sets the expectations and length for the rental term. Your lease agreement may be written or oral (verbal). A written lease is usually preferred, because it is more enforceable. This helps protect both landlords and tenants in the event of a disagreement.

Why It's Important to Read the Lease

As a renter, it is very important to read and understand a lease before you sign it. Once you sign the lease, it is legally binding.

Your landlord should not ask you to sign a lease that violates the Fair Housing Act or your rights as a tenant in New York State. Be on the lookout for statements like these:

• "This property is being rented as-is."
• "You are not allowed to bring any children into the unit."
• "I waive my rights as a tenant."
• "All housing complaints should be made to the landlord. Reporting a complaint to any other source may result in penalties to you."
• "If I do not pay rent, my landlord can lock me out after one week."

If you encounter statements like these in a potential lease document, you can try bringing them up with your prospective landlord. It is possible they downloaded a lease online, and did not realize their mistake. If the landlord does not change the document, you may wish to consider whether you truly want to rent from this person.

Reading and understanding your lease can help prevent you from running into problems - you could be violating the lease without even knowing it. In addition, if you have questions during your rental term, you can frequently find the answers outlined in your lease document.

Helpful Downloads:

• End of Tenancy Notice Letter (PDF)
• Moving Out Checklist (PDF)
• Rent Receipt Templates (PDF)
• Rental Condition Checklist (PDF)
• Repair Request Form (PDF)

Lease Questions to Answer

Before you sign a lease, you should be able to answer the following questions:

1. When does my lease end?
2. When is the rent due?
3. Where and how do I pay rent?
4. Is there a late rent fee? What is it?
5. What is the security deposit amount?
6. Which utilities am I responsible for?
7. What are the policies for visitors and guests?
8. What happens if I need to move out before the lease is up?
9. How should my apartment look when I move out?
10. Can I have a pet?
11. How do I request repairs/maintenance?
12. When is the landlord allowed to enter the apartment? 

Documentation and Record-Keeping

Part of being a successful renter is keeping important documents in a safe place. These documents will be very important in the event of any disagreements with your landlord. Unfortunately, situations do sometimes arise that may prompt you or your landlord to take legal action - keeping good records will help to ensure that you are protected.

Types of Records to Keep

You may wish to maintain the following rental documents:

• Copy of your rental application
• Copy of signed lease agreement
• Photos of unit from when you moved in
• Utility statements
• Written repair requests *
• End of tenancy notice *
• Rental condition checklist *
• Rent receipts *
• Copies of any written communications
• Renter's insurance policy

* For your convenience, you may download blank copies of these documents at the top of this page.

What Is a Rent Receipt?

A rent receipt is a document that provides proof of rent paid by a renter to a property manager. In New York State, tenants have the right to request a written rent receipt from their landlord at any time. Once you have asked for a rent receipt once, your landlord must continue to give you a receipt every time you pay rent for the duration of your lease. Keep your receipts to prove residency and rent paid on the unit.

A rent receipt should include the following information:

• The date rent was paid
• The amount of rent paid
• The address of the rental unit
• The time period for which the rent was paid
• The signature and title of the person receiving the rent
• The name of the person paying the rent

What Is a Rental Condition Checklist?

Before you move in, you and your landlord should complete a detailed walk-through inspection of the property. You can use a rental condition checklist to help you evaluate the condition of the unit. You can download a blank copy of a rental condition checklist at the top of this page.

Each adult tenant living in the unit should complete, sign, and date a rental condition checklist before moving in. This alerts the landlord to any deficiencies or damages that need to be addressed. It also helps make sure you can get your security deposit back when you move out, because you will be able to prove that those conditions are not your fault.

Tips for Completing a Rental Condition Checklist

• When you complete your rental condition checklist, take pictures of any damages to the unit. 
• Add a timestamp to the photos, or print them out and write the date on the back. Keep these photos with your completed rental condition checklist.

Moving Out Checklist

Preparing for a move? Use this checklist to help things go smoothly. A printable version is available at the top of this page.

1. Notify your current landlord of the date you will move out. 
2. Collect clean boxes or containers for your upcoming move. Don't bring pests along!
3. Share your new address with anyone who needs to know. This may include: 
   • Your current landlord (so they can return your security deposit)
   • Friends and family
   • Your employer
   • Your bank and credit card company
   • Your utility service providers
   • Any subscriptions you use
4. Complete a change of address form with the United States Postal Office. You can also complete this form for free at USPS locations. 
5. Contact your utility provider and/or your landlord about starting and stopping service. If you use National Grid, you can request a service disconnect or transfer online. 
6. Perform any minor repairs that may help you get your deposit back. These might include: 
   • Patching and painting over small holes in the drywall
   • Replacing any knobs or fixtures you swapped out
   • Replacing burnt-out lightbulbs
   • Replacing smoke detector batteries
7. Clean the unit thoroughly. Don't forget to clean:
   • Bathrooms
   • Bedrooms
   • Kitchen
   • Other living spaces
   • Patio or balcony
   • Appliances (e.g. fridge, oven)
     • Many landlords require tenants to defrost the freezer.
8. Give the unit a final once-over before you move out. Did you forget any belongings? Forget to clean something?
9. Complete a final walkthrough inspection with your landlord. Ask them to point out any damages they plan on deducting from your deposit. 
   • Under New York State law, your landlord MUST complete a walkthrough with you if you ask. They also must give you a chance to repair any damages before deducting them from your deposit.
10. Return your keys to the landlord.

What Are My Rights as a Renter in Albany?

1. Renters have the right to safe, livable, and sanitary homes.
2. Renters have the right to make a housing complaint - without experiencing retaliation.
3. Renters have the right to live free from discrimination in their housing.
4. Renters cannot be required to give up their rights when they sign a lease.
5. Renters may have the right to withhold rent in certain situations.
6. Landlords must provide notice before raising your rent or changing your lease.
7. Renters cannot be evicted without good cause, or without going to eviction court.
8. Landlords must return tenants' security deposits within 14 days, and any deductions must be itemized and in writing.
9. Landlords may not enter a tenant's home without proper notice.
10. There are limits on the fees a landlord may charge if rent is late.

Signing a Lease

In some situations, a landlord may propose a lease that violates the tenant’s rights. Be on the lookout for statements like these:

• “Landlord has the right to enter the unit at any time, for any reason.”
• “This property is being rented ‘as-is.’”
• “You are not allowed to bring any children into the unit.”
• “If you are suspected of criminal activity, your lease will be terminated without notice.”
• “All housing complaints should be made to the landlord. Reporting a complaint to any other source may result in penalties for you.”
• “If rent is late, you will be charged $25 per day in late fees until it is paid.”

Withholding Rent

Renters may have a right to withhold rent if their landlord has failed to provide them with safe, livable, and sanitary housing. 

Paying in Escrow

You may be able to pay your rent into a separate bank account. This is called paying in escrow. To do this, call your bank and ask to set up an escrow account. You should then deposit your full monthly rent into that account. 

Be Aware! When the code violations have been fixed, you will be expected to turn that money over to your landlord.

How Can I Protect Myself from Eviction?

If your landlord tries to evict you for non-payment of rent, you will be able to show the Court that you have been paying your rent into escrow. 

If your landlord is not providing you with safe, livable, and sanitary housing, you may also be able to ask the Court to reduce your rent. This is called a rent abatement. 

It may be a good idea to contact an attorney in this situation. You can contact the Legal Aid Society of Northeastern NY at 833-628-0087 for free legal advice and representation.

Proper Notice to Tenants

Raising Rents or Lease Non-Renewal

Landlords must provide notice in writing if they will not renew a lease or if they will raise your rent. The amount of time your landlord has to give you to prepare for these changes depends on how long you have lived in your apartment:

• If you have lived there for less than a year, a 30-day notice is required.
• If you have lived there for 1-2 years, a 60-day notice is required.
• If you have lived there for 2+ years, a 90-day notice is required.

Entering Your Unit

Landlords may not enter a tenant's unit without providing at least 24 hours' notice. Your landlord also can only expect to enter during “reasonable hours,” which generally means between 9am and 5pm, Monday – Friday. You may grant your landlord access to the unit outside of these hours or without notice – IF you choose to do so.

These rules do not apply in emergency situations (e.g. a gas leak, fire, or burst pipe).

Be Aware! Most leases require the tenant to grant access to the unit for certain legitimate purposes. These may include: 

• Making repairs or performing maintenance
• Showing the unit to a potential buyer or tenant
• Allowing code inspectors to visit the unit

Failure to grant access in these situations (provided your landlord gave proper notice) could put you at risk for eviction.

Evictions

"Good Causes" for Eviction

In Albany, tenants can only be evicted for certain reasons, known as "good causes" including:

1. Failure to pay rent
2. Violating lease terms
3. Unreasonably refusing to allow the landlord access to the unit
4. Illegal use of the unit
5. Criminal activity
6. Persistent nuisance activity
7. For the landlord or their immediate family to move in
8. Certain property sales
9. The tenant provided notice that they intended to vacate at least 5 months ago but didn't leave, and the landlord has re-rented the unit

You may notice that expiration of the lease is not included in the list above, as it is NOT a good cause for eviction in Albany. This means that a tenant should not be evicted for an expired lease alone.

Illegal Evictions

No one can legally be evicted without going to court. Occasionally a landlord may try to evict someone illegally without going to court, which is a crime under New York State Law. These actions are some examples of illegal evictions:

• Demanding a tenant leave through threats, harassment, or intimidation
• Changing the locks on the apartment without a court warrant
• Shutting off the utilities
• Damaging the unit intentionally
• Barricading doors or windows
• Removing doors, locks, or doorknobs
• Removing the tenant's belongings
• Physically removing or otherwise assaulting a tenant

If you experience any of these things, call the Albany Police Department at 518-438-4000.

Security Deposits

Landlords often require you to put down a security deposit when renting a unit. It is important to recognize that although you have given this money to your landlord, it legally still belongs to you.

When you move out, your landlord is automatically required to return your deposit to your last known address. 

Your landlord IS allowed to keep all or part of your security deposit to cover any expenses you may have caused them. If your landlord does keep any of your deposit, they must send you an itemized list of deductions (a list of items and how much they cost).

Normal Wear & Tear

Normal wear and tear that comes from living in a unit should not be considered property damage and should not be deducted from your deposit. Some examples of normal wear and tear include:

• Small nail holes
• Minor scuffs on walls or floors
• Small stains on walls or carpets

If you feel your landlord has kept too much of your deposit, contact the Legal Aid Society of Northeastern NY at 833-628-0087.

Late Rent Fees

Your landlord can only charge you late rent fees after the rent is overdue by at least 5 days. Your landlord also cannot charge you any fees that are not explained in the lease you have both signed. 

Landlords are only allowed to charge late fees up to $50 OR 5% of your monthly rent (whichever is less). Use the table below to see how much you can be charged if you are late on rent: 

What is a Residential Occupancy Permit?

Every rental property in Albany is required to obtain a document called a Residential Occupancy Permit, or ROP. This document certifies that a code inspector has examined the unit and found it safe for people to live in. 

Newly-issued ROP's (after November 2021) are valid for 2 years, while most older ROP's are valid for two and a half years.

What is an ROP Inspection Like?

When completing an ROP inspection, Code Enforcement staff will typically look for the following: 

• Unit is generally in good condition, with no obvious code violations
• Unit is not overcrowded
• Lights function
• Water runs (hot and cold) 
• Proper smoke and carbon monoxide detectors

Does My Apartment Have an ROP?

To check for a Residential Occupancy Permit (ROP), please use the Citizen's Self Service Portal

Report Missing or Expired ROP's

To report a rental unit without an ROP, contact City Code Enforcement by email or by calling 518-434-5995.

Safe, Livable, and Sanitary Homes

Under the Albany Renters’ Bill of Rights, tenants have the right to live in housing that is free from code violations and meets basic standards of living. To learn more about code issues, scroll down to the "Code Education" Section at the bottom of this page.

Residential Occupancy Permits

Every rental property in Albany is required to have a document called a “Residential Occupancy Permit” (ROP).

Building Permits

To keep both tenants and landlords safe, serious repairs and renovations must be done by a licensed professional and with a City building permit. Some examples of work that would require a permit include: 

• Electrical and plumbing work
• HVAC repairs
• Hot water heater or furnace repairs
• Removing walls or adding on rooms

Making a Housing Complaint

You have a right to bring up any maintenance issues at your apartment with your landlord. It is a good idea to submit this request in writing and to keep a copy of any communication about the violation(s).

Filing a Complaint

If your landlord does not address the problem, you have the right to make a code complaint to the City of Albany by calling (518) 434-5995 or by email. Click here to visit the website of the Department of Buildings & Regulatory Compliance.

You will need to provide the following information when making a code complaint:

• Your name
• Your phone number
• Your address and unit number
• A date and time that is convenient for an inspector to visit your unit

The Code Enforcement Process

1. A tenant makes a housing complaint. 
2. An inspection is scheduled. Be sure that you will be home to let the inspector in!
3. An inspector is assigned to the case. 
4. If there are violations present during the inspection, Codes will send your landlord a letter called a “Notice of Violation.” This letter informs the landlord about the code problems.
5. Landlords are given a certain amount of time (usually 35 days) to fix the violations. 
6. If no progress is made after 35 days, the landlord will receive a Final Notice of Violation.
7. If the landlord continues to ignore the repairs, they can be taken to court by the City of Albany.

If you have an emergency code issue outside of normal business hours, call the Albany Police Department at 518-438-4000. In an emergency, APD will notify the on-call inspector. A City Code Inspector is always on call for emergencies, 24/7. 

Remember! If the emergency is life-threatening, call 911.

Unsafe/Unfit Orders

If the code violations in your unit are very severe, the City may issue an Unsafe/Unfit Order. This means the building is too dangerous for people to live in. 

• Examples of conditions that can lead to an Unsafe/Unfit Order include:
• Shut-off or missing water, gas, electricity, or heat utilities
• Extreme infestations
• Structural defects
• Sewage backups or flooding
• Fire damage

Don't be afraid to call. If your unit receives an Unsafe/Unfit Order, the City of Albany can help connect you to temporary lodging and other resources.

Landlord Retaliation

Your landlord should never take any actions to "punish" you for making a housing complaint or for using your rights as a renter. This is also known as retaliation. 

Examples of Retaliation:

• Harassment, intimidation, or threats – these can be verbal or physical
• Filing an eviction against you without a valid reason
• Refusing to renew your lease without a valid reason
• Extreme rent increases or attempting to charge you additional fees

If you think you are experiencing retaliation, you can contact: 

• United Tenants of Albany: (518) 436-8997
• Legal Aid Society of Northeastern NY: (833) 628-0087

Code Education

What Code Violations Should I Look Out For?

Electrical System Hazards

• Missing outlet or light switch covers
• Dangling, loose, or exposed wires
• Light fixtures or outlets don’t work
• Missing light bulbs 
• Sparking outlets, fixtures, or wires
• Unit is not connected to electricity
• Too many extension cords

Fire Protection Systems

• Missing or defective smoke detectors
  • Required in each bedroom
  • At least one on each floor
• Missing or defective carbon monoxide detectors

Heat & Ventilation

• Heat does not work properly
• Landlord will not turn on heating
• Little or no ventilation in bathrooms or laundry areas
• Rusted or unsanitary ducts

Pest Infestations

• Signs of insect infestation
  • Insect droppings or shells
  • Dead or living bugs
  • Unusual smells or sounds
  • Damage to furniture or fabric
  • Holes in food packaging
  • Electrical damage
• Signs of rodent infestation
  • Rodent droppings or hair
  • Dead or living rodents
  • Unusual smells or sounds
  • Damage to furniture or fabric
  • Scratch marks or smudges on walls
  • Electrical damage
  • Rodent nests

Plumbing Systems & Fixtures

• Clogged sinks, bathtubs, or toilets
• Leaky faucets or pipes
• Pipes connected incorrectly
• Improper plumbing materials
• Unit is not connected to water
• Hot water heater is missing, defective, or unsafe
• Sink is missing or damaged
• Toilet is missing, damaged, or doesn't flush

Moisture, Mold, and Mildew

• Unit has accumulation of moisture, which can lead to mold or mildew

Interior Surfaces

• Peeling, chipping, or flaking paint
• Peeling, chipping, or flaking ceiling
• Water or smoke damage
• Unsanitary conditions on walls, ceilings, or floors
• Soaked or unsanitary carpeting

Roofs & Drainage

• Roof is missing shingles or tiles
• Ceiling is leaking
• Ceilings are water-damaged

Structural Issues

• Large cracks in walls or ceilings
• Missing or broken steps/stairs
• Outdoor walls crumbling
• Debris or items falling off structure

Mechanical and Appliances

• Included appliances do not operate correctly or are unsafe
• Furnace or boiler is missing, defective, or unsafe
• Dryer (if included in unit) is not properly vented

Doors & Windows

• Broken or cracked windows
• Ripped or missing insect screens
• Windows that do not open
• Nailed/painted shut, jammed, etc.
• Doors or windows that do not shut
• Doors or windows that do not lock
• Loose or missing doorknobs
• Each bedroom must have at least two exits in case of emergency (often a door and a window)

Outdoor Areas

• Cracked or uneven sidewalks or driveways
• Large holes in sidewalks / driveways
• Overgrown, unkempt yards
• Snow and ice accumulation on sidewalks

Miscellaneous

• Missing handrails on stairways or porches
• Dilapidated accessory structures - fences, garages, etc.
• Accumulation of trash or other nuisance materials
• Whether inside or outside of the residence
• Missing house/unit numbers - should be visible from the street

Download the Renters Bill of Rights Flyer here.

Download NYS Tenant Guides with the links below

Click here to see the NYS Attorney General's page for housing

• NYS Tenants Rights Guide (English)
• Immigrant Tenant Rights (English)

Following a Lease

Now that you have learned how to read a lease, it is important to understand how to follow these guidelines as a tenant. Violating the lease may cause your landlord to file an eviction against you, which results in a poor rental history. This can make it more difficult to find another unit. 

Common Lease Violations

• Not paying rent: Your landlord will expect you to pay your full rent on time every month. 
• Damage to property: Whether done on purpose or by accident, causing major damage to an apartment or common areas (e.g. hallways, outdoor spaces, or a laundry room) can be grounds for eviction. 
• Lack of cleanliness or disrepair: It is your responsibility to maintain your unit in a clean and orderly fashion. You may also be expected to complete certain minor repairs. 
• Nuisance violations: Most lease agreements prohibit tenants from engaging in activities that interfere with their neighbors’ ability to enjoy their units. Some examples of these behaviors include noise complaints (e.g. parties or loud music/television), leaving personal belongings in common areas, and starting arguments with other tenants.
• Criminal activity: It is common for a lease to prohibit tenants from engaging in illegal or criminal activities, such as using illicit substances, getting into physical fights, or attempting to set up an unauthorized business in the residence. 
• Smoking: A growing number of rental properties prohibit indoor smoking. If this is the case in your building, you will be required to refrain from any type of smoking in your unit. 
  • Be Aware! Although the use of recreational cannabis is now legal in New York State, many leases still prohibit any form of smoking that is done indoors.
• Unauthorized pets: If your lease specifies that pets are prohibited, you may be evicted if you are found to have an animal living with you. 
  • Know Your Rights! These rules do not apply to service animals (animals trained to help a person with a disability to complete at least one specific task) or emotional support animals (animals that provide comfort or support to an individual with a diagnosed mental health condition). You cannot be evicted for having a service or emotional support animal in your home, as long as you have the proper documentation. 

Paying Rent

One of your most important responsibilities as a tenant is to pay your entire rent on time each month. Paying your rent, along with communicating when you are having financial troubles, is a crucial part of maintaining a healthy landlord-tenant relationship. Late or missing rental payments can lead to late fees, conflict with your landlord, or having an eviction filed against you. It can also make it more difficult to find housing in the future, as your landlord may give you a poor reference. 

Tips for Paying Rent on Time

• If you use a paper calendar or planner, write down a reminder to pay the rent a few days before it’s due each month. This will give you a chance to get the funds together and to send in your payment on time. 
• If you use a smartphone, set up a monthly calendar item or reminder for 3 days before the rent is due. You can set up an alert notification for that calendar event. 
• Better yet, set up an automated paymentfrom your checking or savings account. 
  • It is important to note that these funds may take a few days to process – try setting up the automatic payment to transfer a week before the rent is due.
• If you mail a rent check, buy a box of envelopes and a book of stamps. Keep them with your other important papers. This way, you will never be in a bind to mail out your check. 
• Ask your landlord if they can automatically deduct your rent from a credit or debit card.

What to Do If You Will Have Trouble Paying Rent

Despite their best efforts, some tenants will still experience a financial emergency that can impact their ability to pay rent at some point in their lives. It is a good idea to have a plan to handle this situation before such an emergency arises. If you think you may have trouble paying your rent in full and on time, contact your landlord as soon as possible.

These are some tips for discussing your situation: 

• Be honest: Explain that you are having a financial emergency and that your rent may be late this month. Assure your landlord that paying the rent is a priority for you. Your landlord may be more willing to work with you if you are up-front about the problem and let them know in advance that you are having trouble paying rent. 
• Offer to make a partial payment: Any amount of rent that you can pay now helps to show your landlord that are making an effort to catch up.
• Come up with a plan: Look for local rental assistance programs, and be sure to keep your landlord informed about your plans.

What is 211? 211 is a free, 24/7 hotline that helps connect people to important resources in their communities. You can call 211 for the most up-to-date information on rental assistance programs and other resources in the Albany area. You can also call 211 to learn more about local food pantries, utility assistance programs, and signing up for public benefits. 

Taking Care of a Home

Most likely, your lease agreement requires you to keep your rental unit clean and in good condition. If you don't, your landlord may keep all or part of your security deposit when you leave. If the unit is in very poor shape, you may also be subject to eviction. 

The 8 Healthy Home Principles

Following the 8 Healthy Home Principles created by the U.S. Department of Housing and Urban Development (HUD) can help make sure that your home is safe for you and your family, and that you get as much of your deposit back as possible when you move out.

1. Keep your home dry. Mold, mildew, mites, and many pests thrive in damp environments - this can cause or worse asthma and allergies. 
2. Keep your home clean. Keeping your home tidy and clean helps protect your family from pests and contaminants.
3. Keep your home safe. Most injuries among children happen at home. Falls, injuries from objects, burns, and poisonings are all common among families in the United States. 
4. Keep your home well-ventilated. Having enough fresh air in your home can help you to breathe easier, improving your respiratory health. 
5. Keep your home pest-free. Household pests can carry a variety of diseases, in addition to causing and aggravating asthma and allergies in children. Unlicensed pest control treatments can also expose your family to toxins. 
6. Keep your home contaminant-free. Common contaminants in the home may include lead, radon (common in basements), natural gas, carbon monoxide, and secondhand smoke. These contaminants can accumulate and become concentrated indoors. 
7. Keep your home maintained. Homes that lack routine maintenance may suffer from issues with moisture and are at an elevated risk for pest infestations and safety hazards. Small repairs can easily become large problems over time.
8. Keep your home thermally controlled. Homes that do not maintain stable temperatures can expose residents to extreme heat or cold.

Why Keep It Clean?

Even though most of us spend at least half of our lives inside our homes, our homes can also harbor hidden hazards that can affect our health and safety. Identifying household problems and fixing them promptly can help keep your family safe. Furthermore, keeping your home clean over has the following benefits:

• Lower risk of illness or injuries around the home
• Less wear-and-tear on your unit and belongings
• Keep more of your security deposit
• Fewer issues with pests
• Lower risk of a fire (fewer fire hazards)
• Spend less time looking for items
• Lower chance of Child Protective Services intervening because your home is unclean

How to Use Common Cleaning Supplies

NOTE: DO NOT COMBINE CHLORINE BLEACH WITH AMMONIA.

1. Liquid dishwashing soap: Can be used for many cleaning tasks. Needs rinsing. 
2. Chlorine bleach: Can be used to disinfect surfaces. Good for removing mold and mildew (hard surfaces). May stain surfaces - test a small area before using. Needs rinsing.
3. Baking soda: Has abrasive properties. Good for cleaning hard surfaces like sinks and countertops. 
4. Sudsy ammonia: Cuts grease. Can be used as an oven cleaner. 
5. All-purpose cleaner: Can be used on most surfaces. May need to be diluted with water. 
6. Other supplies to have on hand:
   • Broom and dustpan
   • Rags, scrubbing sponges, or scrub brushes
   • Bucket and mop
   • Vacuum
   • Toilet bowl brush (and plunger)

Smoke Detectors & Carbon Monoxide Alarms

Your home should have at least one smoke detector and carbon monoxide alarm on each floor, in addition to one in each sleeping area or bedroom. Be sure to test these monthly and replace the batteries once a year.

Did You Know?

You can request a free fire safety home visit from the American Red Cross. During this visit, trained volunteers will help give you ideas to make your home safer. They will also install up to 3 free smoke detectors in your home.

7 Ways to Prepare for a Home Fire

Did you know that only 26% of American families have a fire escape plan? The American Red Cross recommends the following steps to help your family be prepared in the event of a home fire:

1. Install the right number of smoke alarms (see the section above). Test them once a month and replace the batteries at least once a year. 
2. Teach children what a smoke alarm sounds like and what to do if they hear one. 
3. Come up with a family meeting spot outside of your home. Every member of your household should know at least two ways out of every room and where the family meeting spot is. 
4. Create a family emergency communications plan. Make sure that all family members know who to contact if they cannot find each other. 
5. Hold a family fire drill at least twice each year to practice escaping from the home. Press the smoke alarm test button or yell, "FIRE!" to alert family members that it's time to get out. 
6. Make sure everyone knows how to call 9-1-1.
7. Teach family members how to STOP, DROP, and ROLL if their clothing catches on fire.

Safe Cooking

Many home accidents, to include appliance or cooking fires, are preventable. The following are some simple tips to prevent kitchen injuries and accidents. 

1. Check your smoke alarm and carbon monoxide (CO) alarms. You should check all smoke and CO alarms, including those in your kitchen, on a monthly basis.
2. Check and clean your appliances regularly. Appliances should be cleaned routinely to prevent the buildup of oils or food residue, which can burn or catch on fire. 
3. Appliances (especially if they are more than 10 years old) should also be checked occasionally for signs of faulty electrical wiringor issues with buttons or knobs. 
   • TIP: Use aluminum foil to keep your oven clean – when cooking in a baking dish, place a sheet of foil on the rack below to catch any food that bubbles over. 
4. Maintain proper ventilation. If your kitchen has a fan or range hood, be sure to turn it on when using the stovetop. You can also open a window to allow vapors and smoke to escape.
5. Keep floors and counters clean and dry. In addition to preventing pest issues, keeping floors and countertops clean, dry, and free of clutter can help you to avoid unnecessary slips and spills. It can also reduce the risk of fire.
6. Keep small children and pets out of the kitchen when you are cooking. Young children and pets can easily become injured in a kitchen. They can also present a tripping hazard or distraction, leading to accidents.
7. Never leave food unattended on stovetop or in oven. Food left on a hot burner or in the oven may burn or catch on fire. This is especially true when heating certain ingredients, such as oil or sugar. Never walk away from a pot being cooked over high heat, and never leave home with the stove or oven on – even if it’s on a low setting. 
8. Keep flammable ingredients or objects away from heat sources. Be careful to keep flammable foods (such as oil, sugar, powdered ingredients, and alcohol) away from heat sources like ovens, stoves, and microwaves. The same goes for textiles and other items, such as dish cloths or paper towels. 
9. Pay attention to small appliances. Even small kitchen appliances, such as microwaves or toasters, can cause serious injury. Never use these close to heat sources (e.g. on the stove) or water (e.g. by the sink). Unplug small appliances when not in use to save energy and prevent the risk of fire.

Know What to Do in a Kitchen Fire

If a fire does start in your kitchen, remain calm and follow these steps:

• Keep a lid nearby – if a fire starts on the stovetop, immediately turn off the burner and cover the pot with a metal lid or baking sheet.
• Know where fire retardants are kept. In the case of a small fire, salt or baking soda may be used to suppress the flames. It is also recommended to keep a small fire extinguisher in the kitchen (many people keep these under the sink). 
  • CAUTION! Do not attempt to put out a grease fire with water – this can cause the oil to splatter and the fire to spread. 
• In an oven or microwave fire, keep the appliance door closed until the fire is out. If you can safely reach the cord, unplug the appliance.
• When in doubt, just get out. If you are unsure of how to handle a fire, leave the residence immediately. Your belongings can be replaced, but you and your family are irreplaceable.

What Is Renter's Insurance

Renter's insurance is a type of coverage that protects the belongings of tenants in the event of fires, natural disasters, vandalism, or theft. It can pay for daily living expenses (e.g. food, a hotel room) while you are out of your home. Renter's insurance can also protect renters from personal liability (e.g. from damages in a lawsuit) in certain situations, such as if a visitor becomes injured. 

Why Do I Need Renter's Insurance?

Many tenants do not realize that their landlord's insurance policy does not cover their belongings, and they often do not fully understand the value of their items and how much it would cost to replace them. Each year in Albany, dozens of families are displaced due to fires, home floods, or other disasters. Without renter's insurance, these households have no way to replace their belongings or pay for their daily living expenses while they try to get back on their feet. Renter's insurance is worth it for the peace of mind. 

How Do I Select a Renter's Insurance Policy?

It's a good idea to "shop around" when considering renter's insurance. The following are some questions that you may wish to ask before purchasing a policy:

• Does the insurance policy cover the costs of replacing your items, or their cash value? Replacement value has a higher premium, but is a good option if you own many older items with little cash value that would still need to be replaced. 
• Are there any discounts available? Some insurance companies issue discounts for non-smokers, buildings with sprinklers, or units with security systems.
• Do you offer any "bundles" or discounts for holding multiple policies? It may be cheaper to purchase renter's insurance with your car insurance policy, for example. 
• What would the monthly premium* be? 
• What would the deductible** be?

* Premium: The monthly or annual cost of having an insurance policy.

** Deductible: The amount that the renter would have to pay out of pocket when filing an insurance claim. For example, a tenant may have to pay $500 when filing a claim, and their insurance covers the remaining costs. 

Create a Personal Belongings Inventory 

It's a good idea to keep a list of your personal property (especially any valuable items) in case of a loss. The following steps can help you to create a Personal Belongings Inventory: 

• Make a list of what you own, including when you purchased each item and the cost. 
• As you buy new household items, add them to your inventory. 
• Take pictures or videos of your belongings. 
• Determine the value of the items you would need to insure. 
• Purchase a renter's insurance policy that would allow you to replace the desired items.
• File a copy of your renter's insurance policy with your other important records. 
• Keep a copy of your Personal Belongings Inventory outside of your home - this could be online ("in the cloud") or at a friend or relative's house.

Healthy Trash Disposal

Household pests thrive when garbage is not handled in a safe, sanitary way. Follow these five simple principles for healthy trash disposal in your home.

1. Use covered trash cans, especially for receptacles where food scraps are stored. Consider using a covered can in your kitchen to prevent insects and pests from being attracted to food waste in the garbage. Avoid throwing food scraps away in other receptacles. 
2. Don’t leave food or dirty dishes sitting out.Immediately put away food when you have finished cooking and eating. Scrape and rinse any dishes used if you are unable to wash them immediately. 
   • Plastic food baggies can be saved and reused to prevent garbage can odors. Before throwing away pungent scraps, such as onions, place them into a baggie and seal.
3. Rinse out recyclables thoroughly. If you collect recyclables, be sure to rinse them well before placing them into your recycling bin (even if they are kept outside). Insects are especially attracted to sugary drink bottles and cans.
4. Rinse out your garbage and recycling cans on occasion. Wipe down indoor garbage cans from time to time, and wipe up spills and drips right away. You may also want to rinse out your outdoor garbage and recycling bins on occasion. 
5. Take out your trash and recyclables regularly, and know your local collection day. Don’t let your household waste pile up! Be sure to take your household trash out every few days, and be careful to not miss your weekly waste collection day.

What Can I Do About Pests?

Pests can cause many issues in your home: they can cause or worsen asthma or allergies, they can destroy furniture or clothing, they can contaminate food, and they can start fires by chewing through wiring. It is always better to prevent a pest problem than to treat one.  

These are some tips for pest prevention:

• When you move, use new cardboard boxes or clean tote bins to transport your belongings. 
• Keep food out of reach in airtight containers. 
• Keep up with dirty dishes - wash them ASAP. 
• Take the garbage out every day. 
• Ask your landlord to repair leaky faucets or pipes.

What do I do if there are pests in my home?

• Figure out where the pests are living by using pest traps. 
• Follow up by applying an appropriate pesticide near the pests' hideout.
  • Be sure to avoid placing pesticides near children, pets, toys, kitchenware, and food. 
  • You may need to leave your home for a while after applying the pesticide.
• Plug any holes in walls, windows, and around pipes. You can use insulation foams, caulking gel, or rope caulk. 
• Use prevention guidelines to prevent future issues.

CAUTION! Insect foggers, also known as “bug bombs,” are commonly used by residents wishing to perform their own pest control. However, it is important to realize that these materials are highly flammable. To help minimize the risk of fire or explosion, keep foggers away from potential ignition sources, such as an open flame, a pilot light, or electrical appliances that cycle on and off (e.g. a refrigerator or air conditioning unit). 

What bug is this? The National Pest Management Association maintains a comprehensive Rodent, Insect, and Bug Identification Guide that may be helpful in diagnosing potential household pest issues.

Who Is Responsible?

Certain items in your rental unit will be your responsibility to maintain. These typically include smoke detector batteries, light bulbs, air conditioning units, and issues that may be caused by tenant negligence, such as pest control, plumbing blockages, and broken glass. 

Most other rental repairs are the responsibility of your landlord. When in doubt, try consulting your lease document.

Requesting Rental Repairs

If your unit needs a repair that is the responsibility of your landlord, you can request maintenance in writing. Be sure to include the following information:

• Your name
• Address and unit number
• Repair request date
• Description of repair that is needed
• Make and model of appliance (if applicable)
• Your contact information (so your landlord can let you know when they will schedule the repair)

Maintenance Guide: Common Home Repairs

These are some of the most common repairs that tenants will need to make in their rental units. 

Changing a Light Bulb

1. SAFETY WARNING: Turn off the light before removing the old bulb.
2. Check the old bulb for the wattage (e.g. 40W or 60W). You will need to replace the burnt-out bulb with one that has the same or a lower wattage.
3. Screw in the new light bulb. 

Testing and Maintaining Smoke Detectors

1. Some smoke detectors have a small light that flashes red or green to indicate the battery status. 
2. Most detectors have a button that can be pressed and held to produce a test sound. If the alarm sounds, the battery is working.
3. If there is no indicator light, and the test button does not produce a sound, you should replace the batteries.
4. Once you have replaced the batteries, test the smoke detector again. If it still does not produce a sound, you will need to replace the entire alarm unit.
5. You should test all smoke detectors in your home once a month. Be sure to check your carbon monoxide (CO) alarms as well.

Changing an Air Conditioning Filter

1. During peak usage, you may need to change your filter as often as every month or two.
2. SAFETY WARNING: Turn off the power on the air conditioning unit. For maximum safety, unplug the unit or switch off the circuit breaker.
3. Remove the old filter. Typically, you can slide it out, but you may need to unhook or unscrew it (depending on the model of your unit).
4. Examine the filter. Is it disposable or reusable? If the filter is disposable, check for the size and model number and purchase a new one that will fit your unit. 
5. If the filter is reusable, check the manual for cleaning instructions. You may only need to rinse with water (allow to dry fully).
6. Replace the new or cleaned filter – make sure that it is inserted in the proper direction.

Unclogging a Toilet

• Plunger
• Toilet snake (or clothes hanger)
• Dish soap
• Vinegar and baking soda
• Bucket

1. If you have a plunger, try using it to remove the blockage. Continue to flush. If this does not work, or if you do not have a plunger, you may be able to use other common household solutions.
   • TIP: In a pinch, you can use a wire clothes hanger as an improvised plumber’s snake. 
2. Try pouring some dish soap into the toilet bowl (about half a cup). This will help the blockage to pass through the pipes more easily.
3. If this does not fix the problem, pour hot water from the bathtub into the toilet.
4. You can also try pouring a cup of baking soda and two cups of vinegar into the toilet bowl. Allow the mixture to sit for 30 minutes. 

Never Flush These! Common sources of blocked pipes (and expensive plumbing calls) include non-flushable baby wipes, Q-tips, menstrual products, diapers, paper towels, cat litter, hair, dental floss, gum, food, and cooking grease. 

Unclogging a Sink or Bathtub

• Plunger 
• Plumber’s snake (or clothes hanger) 
• Vinegar and baking soda 
• Bucket 
• Screwdriver

1. If you have a garbage disposal, try turning it on – this may fix the issue.
2. You can use the same methods above (unclogging a toilet) to clear a blocked kitchen or bathroom sink, or a bathtub.
3. If the sink is still blocked after trying all of the above methods, you may need to check the P-trap, which is the elbow-shaped pipe under the sink:
   • Place a bucket under the pipe. Unscrew the connectors on the pipe to remove the P-trap. 
   • Clean the P-trap and the surrounding pipes of any debris and grime. 
   • You may wish to use a plumber’s snake to check the upper pipes for any blockages before reconnecting the P-trap. 
   • Screw the P-trap back on. Pour hot water down the drain to flush out any remaining debris.
4. For a clogged bathtub, you may be able to use a screwdriver to remove the drainage cap. Check the pipe for blockages (loose hair is a common source of this). Screw the cap back on.

Communicating Successfully

Good communication is one of the most important aspects of being a successful renter, because it allows you to have healthy, positive relationships with your landlord and your neighbors. If you get along well with your landlord, you may also be able to ask them to be a reference for you on future rental applications. 

Landlord vs. Neighbor Problems

Sometimes, it can be difficult to know who to talk to about housing issues: your landlord, or your neighbors. 

Examples of landlord problems include: 

• A broken pipe
• A faulty dryer
• A door that doesn't lock

Examples of neighbor problems include:

• Noise complaints
• Parking issues
• Storing items in hallways

When neighbor issues arise, you should try to address these problems with your neighbors first - you should involve your landlord only if it is absolutely necessary. 

Active Listening

How you listen is just as important as what you say. Active listening shows the other person that you are making an effort to hear their concerns.

Simple Steps for Active Listening:

1. Showthe person talking that they have your full attention:
   1. Make direct eye-contact if appropriate.
   2. Let go of any distractions for the moment.
2. Watch the other person's body language.
3. Show that you are listening by using small gestures, such as nodding or smiling. 
4. Use small comments (e.g. "okay," "I agree," or even "uh huh") to show interest and give feedback
5. Ask clarifying questions (e.g. "So what I hear you saying is..." or "Do you mean...").
6. Avoid judgment. 
7. Don't interrupt.
8. Give an appropriate response when the time is right.

Using I-Statements

When people feel strongly about an issue, their emotions may cloud their ability to clearly share their thoughts. This can lead to statements that come across as accusatory or angry. Another technique for solving problems is to replace negative statements with positive "I-statements."  An "I-statement" is a sentence that helps people express their own feelings (using the word "I"), rather than focusing on blaming others. 

These are some simple steps to creating I-statements of your own:

• Clearly state what YOU think, feel, or need. 
• Avoid telling the other person what they are thinking, feeling, or must do. 
• Make it your message. Use "I" instead of "you."
• Tackle one issue at a time - avoid confronting someone with a long list of problems. 
• Explain the situation from your point of view. 
• Avoid name-calling and accusations.

I-Statement Formula

1. Your feelings ("I feel..." or "I need...")
2. Other person's action ("...when you do...")
3. Reason for your feeling ("...because...")
4. Your request ("I'd appreciate it if...")

Examples of Positive I-Messages

Each of the following negative statements has been re-worded as a positive I-statement. 

• "You are always so loud. I don’t understand how you can be so inconsiderate!" 
  • "I have a hard time sleeping when you play your music loudly at night. I’d really appreciate it if you could turn the volume down after 10pm."
• "Move your car or I am getting it towed!"
  • "I really need to get to work on-time, which is hard to do when I have to wait for you to move your car each morning. If you could switch to the other side of the driveway, that would help me a lot."
• "You better get up here and fix my sink!"
  • "I am frustrated that my sink has not been fixed yet, because I asked about it last week. I would greatly appreciate it if you could please take care of that by Friday." 

Steps to Settling a Conflict 

Many of us try to avoid conflicts; however, that is not always possible (or healthy). Some conflict is inevitable. In these cases, it is usually best to work towards a solution rather than ignore the issue and hope it will go away. 

Helpful Steps to Resolving Conflict:

1. Set a time to meet when you are both calm and not busy.
2. Begin by giving the other person a “positive message” about what is bothering you.
3. Listen carefully to the other person’s point of view.
4. Decrease areas of disagreement – find out what you canagree on.
5. Offer solutions where you both give a little and get a lot. 
6. If you cannot resolve the conflict on your own, suggest a mediator whom you both respect.

What is Mediation?

Mediation is a process of settling conflict where a neutral third party (called a “mediator”) is brought in to help make sure the conversation is civil and productive. Mediation can be helpful when the conflict is especially volatile, or when there is a power imbalance – which can be the case in some landlord-tenant relationships. Landlord-tenant mediation services are available through United Tenants of Albany. To learn more, call 518-436-8997 x3. 

Example Scenario: Communicating with a Landlord

You can use this scenario as a model for communicating productively with a landlord. 

The Situation

There has been water coming into your bathroom from the apartment above. It is a mess for you to clean up, and it is damaging the ceiling. You haven’t talked to the landlord since you moved in several months ago – you’ve heard from other tenants she can be short-tempered, so you are nervous about talking to her. 

Brainstorm

• What is the problem you need fixed? 
  • The ceiling is leaking.
• How is the problem affecting you? 
  • I have to clean up water all the time, and I’m worried the ceiling will get moldy from all the moisture and water damage.
• How do you feel about this? 
  • I’m frustrated – I pay rent every month, and this is what I get? I’m anxious that the ceiling will collapse or get moldy, and my kids could get sick. 

Create an I-Message 

“I’ve been feeling frustrated and worried, because there is a leak in my bathroom ceiling from the apartment above me. I need the leak repaired, because I am concerned about my children’s health and safety."

Try It Out

Find a  friend or relative and have a practice conversation. 

Planning: Next Steps

• What will you do if your landlord does not agree? 
  • The leak is a code violation, so I can call City code enforcement.
• What will you do if your landlord agrees to fix the problem, but does not follow through on their promise? 
  • If I don’t hear from her within a few days, I will email her to remind her (this way, there will be a written record of my request). 
  • If she still doesn’t respond, I will call the City.
  •  I will also call the Legal Aid Society to explore options for reducing my rent due to the code violation.

Housing Court in Albany

In Albany, all housing court cases take place in the Civil Part of the Albany City Court. This court handles evictions, small claims cases (e.g. disputes over rent and security deposits), and other legal issues between landlords and tenants.

How to contact the Court:

• Phone: 518-453-4640
• Email: Email Albany Civil Court
• Location: Albany City Hall, Room 209, 24 Eagle St, Albany, NY 12207

Hours of operation are weekdays from 9:00am to 4:00pm (excluding holidays). 

Tips for Appearing in Court

• Arrive early
  • Plan to arrive at least 30 minutes before your scheduled court hearing.
  • This will give you time to go through security and COVID screenings at Albany City Hall (and to find the court room). 
• Be patient
  • There may be multiple cases scheduled for the same time slot, and your case might not be the first one called.
• What to wear
  • Certain clothing is discouraged, or even prohibited, in the courtroom. 
  • Avoid: hats, shorts, revealing or very informal clothing (e.g. ripped jeans, an old hoodie).
• Show respect to the judge
  • When the judge enters the courtroom, everyone will stand up. 
  • If you speak directly to the judge, address them by saying, "Your Honor."
• Stay calm, and speak clearly
  • When it is your turn to speak, calmly and clearly explain your situation.
  • Avoid sharing unnecessary details or talking about unrelated issues. 
  • Address the judge, not your landlord.
• Ask for clarification
  • If you do not understand a question, ask for clarification. 
  • Do not answer a question unless you know what it means.
• Tell the truth
  • Lying in court (also known as "perjury") is against the law.
• Do not interrupt
  • Even if your landlord says something you don't agree with, wait until it is your turn to speak. 
  • Never interrupt the judge.

The Eviction Process

Eviction Notices

There are a few types of eviction notices in New York:

• Demand for Rent: If you do not pay rent, your landlord can give you a 14-day notice called a "demand for rent." This means the landlord may file an eviction against you unless you pay. 
• Notice to Cure: The landlord must inform the tenant of a problem that will lead to eviction unless it is fixed (e.g. lease violations). 
• Notice of Termination: For all other evictions, your landlord must give you at least a 10-day notice.

Petition for Eviction

If the problem is not resolved after the tenant receives an eviction notice, the landlord may serve the tenant with a document called a petition for eviction. The petition explains why the tenant is being evicted and sets a court date and time. 

Initial Appearance

In Albany, tenants and landlords have the opportunity to attend a hearing called an initial appearance. During this hearing, the judge will briefly hear from both the landlord and the tenant. If the landlord and tenant are unable to settle the matter, then the judge will set a date for an eviction trial. 

Tenants have the right to ask for an adjournment during this hearing. That means that the matter will be postponed to a later court date, especially to allow the tenant time to seek rental assistance, obtain a lawyer, etc.

Be Aware! Tenants who do not show up to their initial appearance hearing may be evicted by default. 

Other Hearings or Court Dates

Depending on the circumstances of your case, there may be other hearings set in the future. Sometimes these are very simple court dates, such as a deadline to submit documentation.

Eviction Trial

During an eviction trial, both the tenant and the landlord will have the opportunity to make their case. Both parties can bring in witnesses and documents.

Most of the time, landlords are assisted by an attorney in court. Tenants in New York do not have the right to counsel, which means that tenants do not get a lawyer appointed to them for eviction hearings.

If you wish to have legal representation in eviction court, see the listing of legal resources at the bottom of this page. 

Warrant for Eviction

If the tenant loses in eviction court, this is referred to as an eviction judgment. After an eviction judgment, the landlord will need to ask the Court for a warrant to carry out the eviction. 

An eviction warrant can be carried out no sooner than 14 days after the judgment. It must be signed by the judge, and it must be given to the Albany County Sheriff for service (your landlord cannot lock you out on their own). 

A landlord cannot legally evict a tenant without a proper warrant, even if they won a judgment in court. 

What If I Can Pay My Rent Now?

If you become able to pay your back rent, you should inform your landlord immediately. If your landlord refuses to cancel the eviction warrant, you should call: 

• Albany City Court: 518-453-4640
• Albany County Sheriff: 518-487-5400

Inform them that you can pay your debt, or that you have now applied for assistance. Explain that you wish to cancel the warrant and have your case returned to court. You should then receive a new hearing date. 

Eviction FAQ's

• What do I do if I get an eviction notice?
  • If you receive an eviction notice, the worst thing you can do is to do nothing. 
  • Pay attention to any deadlines or court dates - write them down. Are there any steps you can take to fix the issue that has lead to the eviction notice? For example, if you are behind on rent, you could apply for the Emergency Rental Assistance Program or contact United Tenants of Albany about assistance, or talk to your landlord about a payment plan. If there are lease violations, perhaps you can take steps to remedy that situation. 
  • You may also wish to seek legal assistance through an organization such as the Legal Aid Society of Northeastern NY.
  • Remember that you have the legal right to stay in your home until you have received an eviction judgment and your landlord has a signed warrant. An eviction notice does not mean you have to leave.
• Will I have an attorney in court?
  • Currently, tenants in Albany do not have a right to counsel. This means that tenants do not get a lawyer appointed to them in eviction court. 
  • Tenants do have the option of seeking an attorney on their own. For free legal assistance, contact the Legal Aid Society at 833-628-0087.
• Do I have to go to court? Should I got to court?
  • Legally, you are not required to attend court in a civil case, such as an eviction. You will not be arrested for failing to appear. 
  • However, if you do not go to court, you will not have the chance to be heard by the judge. In addition, in many cases where the tenant does not show up, the judge will issue a default judgment against them.
• Is it true that my landlord cannot evict me if the unit has no ROP?
  • Generally, Albany City Court judges do not ask about whether or not the property in question has a valid ROP (Residential Occupancy Permit). However, the tenant is able to use that argument as a defense in non-payment of rent cases. This means that the tenant (or their attorney) would need to show up in court and tell the judge that there is no ROP.
• Can I be evicted for an expired lease?
  • An expired lease is not a valid reason (also known as a "good cause") to evict a tenant in Albany. However, tenants may face eviction if they refuse to sign a new lease agreement.

How Can I File a Housing Lawsuit?

Some of the reasons why a tenant may file a housing lawsuit against their landlord include: 

• Security deposit disputes
• Seeking damages or reduced rent due to poor living conditions (rent abatement)
• Discrimination or mistreatment
• Injuries or damage to property caused by the landlord's actions or negligence

It is possible to file a housing lawsuit by yourself. New York State Court Help offers a free Small Claims Handbook to assist self-represented parties in the court process. However, this can be a difficult and confusing process to navigate without an attorney. 

You may wish to contact the Legal Aid Society of Northeastern New York for legal assistance and/or representation. Legal Hand is another helpful resource for free legal advice. 

Legal Resources

Albany City Court (Civil Part)

General court information; looking up court dates

• Phone: 518-453-4640
• Email City Court
• Address: 24 Eagle St, Room 209, Albany, NY 12207
• Visit website

New York Courts - Court Help

Free self-help court resources

• Visit website

Legal Aid Society of Northeastern NY

Free civil legal assistance and representation

• Phone: 833-628-0087
• Address: 95 Central Ave, Albany, NY 12206
• Visit website

Legal Hand Call-In Center

Free legal advice via call, text, or chat

• Phone: 518-400-5544
• Text: 518-400-5544
• Email Legal Hand
• Visit website

United Tenants of Albany

General tenant advocacy and assistance; mediation services

• Phone: 518-436-8997 x3
• Email UTA
• Address: 255 Orange St, Ste. 104, Albany, NY 12210
• Visit website

My rights as a tenant have been violated.

You have several options when it comes to organizations that may be able to help. 

For assistance or guidance in pursuing civil legal action against a landlord, visit New York State CourtHelp for a variety of self-help resources. You may also try contacting the Legal Aid Society of Northeastern New York at (833) 628-0087.

For tenant advocacy or mediation services, contact United Tenants of Albany at (518) 436-8997 x3. 

To make a report to a state or federal entity about housing discrimination: 

• New York State Division of Human Rights: (518) 474-2705
• New York State Office of the Attorney General: (212) 416-8250
• U.S. Department of Housing and Urban Development: 1-800-955-2232

I'm behind on rent or utilities.

See the sections below, "Rental Assistance & Housing Resources" and "Utility Assistance Resources" for listings of organizations that may be able to help. 

United Tenants of Albany is currently the community's primary rental assistance provider. They also have some funding for utility assistance. UTA can be reached by phone at (518) 436-8997 x3.

The Home Energy Assistance Program from the Albany County Department of Social Services is also open and accepting applications for utility assistance. To learn more or apply, call (518) 447-7323.

I'm facing eviction.

For tenants facing eviction, the worst thing to do is to do nothing. 

Pay attention to any court dates or deadlines. Talk to your landlord - can you work out a payment plan? Apply for assistance? Fix the lease violations?

Contact the Legal Aid Society of Northeastern New York at (833) 628-0087 to see if you may be eligible for free civil legal services. 

There's a code violation in my apartment.

If your landlord is unwilling to fix the issue(s), contact the City of Albany's Department of Buildings and Regulatory Compliance at (518) 434-5995.

If you have an after-hours code emergency (e.g. no heat, flooding, ceiling collapsing), contact the Albany Police Department at (518) 434-4000. They will be able to get in touch with the on-call code inspector. There is an inspector available 24/7, 365 days per year.

Rental Assistance & Housing Resources

These are only potential sources of rental assistance funding or housing opportunities. Funding may not be available and is not guaranteed. 

** United Tenants of Albany **

UTA is currently the community's primary rental assistance provider.

• Phone: (518) 436-8997 x3
• Address: 255 Orange St, Albany, NY 12210
• Email: hotline@unitedtenantsalbany.org 
• Website: www.utalbany.org 

Albany Community Action Partnership

• Phone: (518) 463-3175
• Address: 333 Sheridan Ave, Albany, NY 12206
• Email: info@albanycap.org 
• Website: www.albanycap.org 

Albany County Department of Social Services

• Phone: (518) 447-7300
• Address: 162 Washington Ave, Albany, NY 12210
• Website: www.albanycounty.com/departments/social-services&nbsp

Albany Housing Authority

• Phone: (518) 641-7500
• Address: 200 S Pearl St, Albany, NY 12202
• Website: www.albanyhousing.org 

Catholic Charities Tri-County Services

• Phone: (518) 512-3577
• Address: 50 Herrick St, Rensselaer, NY 12144
• Website: www.cchoalbany.org  

Homeless and Travelers Aid Society

• Phone: (518) 463-2124
• Address: 138 Central Ave, Albany, NY 12206
• Email: info@hatas.org 
• Website: www.hatas.org 

Legal Aid Services of Northeastern New York

• Phone: (833) 628-0087
• Address: 95 Central Ave, Albany, NY 12206
• Website: www.lasnny.org 

Trinity Alliance

• Phone: (518) 449-5155
• Address: 15 Trinity Pl, Albany, NY 12202
• Website: www.trinityalliance.org 

Utility Assistance Resources

Home Energy Assistance Program (HEAP)

Operated by Albany County Department of Social Services

• Phone: (518) 447-7323
• Email: energy@albanycountyny.gov 
• Website: https://www.albanycounty.com/departments/social-services/home-energy-assistance-program-heap

United Tenants of Albany

• Phone: (518) 436-8997 x3
• Address: 255 Orange St, Albany, NY 12210
• Email: hotline@unitedtenantsalbany.org 
• Website: www.utalbany.org