Landlord Resources & Information

Landlords are responsible for ensuring their rental properties are safe and habitable. New York State's Uniform Code and Albany's municipal code outlines building owners' responsibilities as follows:

§ 231-99 Responsibilities of owners.

A. Owners, operators and occupants who are responsible by reason of agreement or law shall be responsible for compliance with all provisions of this code.

B. Owners of premises shall also be responsible for proper maintenance, condition and function of their property and service facilities. Unless otherwise agreed in writing with a tenant, the owner shall be responsible for furnishing adequate heat and hot-water supply, except in units with individual heating system or domestic hot-water supply.

C. In the event that cooking and/or refrigeration equipment is provided by the owner, the owner shall maintain the same in proper operating condition. See § 231-73.

D. The owner, operator or agent in control of the building shall be responsible for the following:

1. Limiting occupancy to the maximum number of persons permitted and prohibiting unlawful uses.
2. Posting required statements of the maximum number of occupants permitted.
3. Maintenance of the premises in a clean, safe and sanitary condition.
4. Maintenance of the operation of service facilities in good order and condition.
5. Maintenance of plumbing, heating and electrical equipment and systems, appliances, fixtures, as well as other building equipment and facilities, in an appropriate, good operative, clean and sanitary condition.
6. Maintenance of walls, floors and ceilings in public places in a clean and sanitary condition.
7. Keeping exits free and clear.

Residential Occupancy Permit Guide (PDF)

Questions or Concerns? Contact our Buildings and Regulatory Compliance (BRC) Staff!

Additionally, the City of Albany requires landlords to obtain a Residential Occupancy Permit (ROP) and register each of their rental dwelling units every 30 months.

There are three steps to take to obtain a ROP:

1. Submit a completed Rental Dwelling Registration Form, and pay registration fees
2. Schedule an inspection of your rental dwelling unit
3. Pass inspection

Learn more about the City's rental registry requirements!

Landlords are also required to comply with local, state, and federal fair housing law.

Visit our Fair Housing Office page to learn more!

There are several organizations in Albany and the greater Capital District that offer trainings and resources specifically for landlords.

• Capital District Association of Rental Property Owners (CDARPO)
  • CDARPO is a non-profit volunteer association committed to helping landlords throughout the Capital District. CDARPO hosts monthly meetings and other events for local landlords to connect, learn, and support one another.
• Affordable Housing Partnership of the Capital Region, Inc. (AHP)
  • AHP hosts regular landlord training classes. Find upcoming training sessions here.
• Apartment Professional Trade Society of New York
  • Formerly the New York Capital Region Apartment Association, the Apartment Professional Trade Society of New York provides networking, education, and advocacy resources for professionals in the multi-family residential sector.
• Albany County Bar Association
  • While not a landlord-specific organization, the Albany County Bar Association is a great resource for all legal matters, especially their "Find a Lawyer" resource page.

The Department of Neighborhood and Community Services also hosts educational sessions. If you have a topic you would like to see covered, email Ashley Hilaire (ahilaire@albanyny.gov), the City's Housing Services Advocate.

Watch past educational sessions here!

The City of Albany's Community Development Agency (ACDA) also has several home improvement programs to support lead remediation, emergency repairs, and more.

Learn more about ACDA's home improvement programs here!

The following section outlines some guidelines and best practices for landlords operating in the City of Albany.

Best Practices

How to Communicate with Tenants 

Good communication is one of the most important aspects of being a successful landlord. Communication enables landlords to have healthy, positive relationships with their tenants and the surrounding neighborhood. Check out our PDF on communication best practices, which includes an example scenario for resolving conflict with a tenant.

The City's Housing Services Advocate is also available to support landlords and tenants to establish good communication systems, and to address communication issues.

Crime Prevention Through Environmental Design

Crime Prevention Through Environmental Design, or CPTED, is an approach to improving public safety through interventions in the built environment. For example, adequate exterior lighting on a building and residential street increases visibility at night, which helps residents perceive the building and surrounding neighborhood as safer places and also makes criminal activity easier to spot.

Guidelines and Other Considerations

Good Cause Eviction

In 2024, the City of Albany opted into New York State's Good Cause Eviction Law. This law creates new standards related to eviction procedures, lease renewals, and rent increases.

• Common Council Good Cause Eviction Press Release (PDF)

Tenants' Right & Common Mistakes

It is important for landlords to have a good working knowledge of tenants' rights. An understanding of tenants' rights protects both tenants and landlords and ensures continuity of business for landlords and stability of housing for tenants.

Advertising

Do you want your listings to turn into leads? If this is something your rental business is struggling with, the answer may lie in how you advertise your properties. The following are some ideas for promoting your business: 

Rental Listing Sites

There are a ton of options out there when it comes to online listing platforms. Some examples include: Apartment Guide, Apartments.com, Craigslist, Facebook, ForRent.com, HotPads, PadMapper, and Rent.com.

Social Media

Setting up a profile for your rental business allows you to generate interest by sharing listings, along with photos, videos, and other interactive content. Facebook, Instagram, Twitter, and YouTube are all popular among property management companies for these purposes. 

Printed Materials

Another strategy for driving local leads is to post printed flyers or other materials (e.g. business cards) on community bulletin boards. These can often be found in places like corner stores, gas stations, grocery stores, libraries, schools, churches, and civic centers. 

Non-Profits

Albany has a number of non-profit housing services providers -- these organizations often work with tenants who are looking for housing. Some service providers may also offer rental subsidies and wraparound services to help tenants be successful in maintaining their housing.

Videos & Virtual Tours

In this day and age, many tenants appreciate having options to virtually "tour" a rental listing, whether through a 3D photography service or via a pre-recorded video. 

On Location

Consider placing a "For Rent" sign directly in front of the property, or putting out flyers that passers by can pick up.

Do I Need an Attorney?

The City of Albany frequently receives calls from landlords with questions about specific situations. While we try to provide basic guidance, we are unable to provide legal advice. This is where the assistance of an attorney can be a valuable resource. 

Attorneys who practice landlord-tenant law typically have experience with eviction cases, small and commercial claims, and negotiating with tenants. The following resources may be of use when searching for an attorney for your rental business.

New York State Bar Association

The New York State Bar Association offers a low-cost Lawyer Referral Service. This gives you an opportunity to sit down with an attorney for a brief consultation before you decide whether or not you need further counsel, and if that attorney would be a good fit for you. Low-income services are available.

Albany County Bar Association

The Albany County Bar Association operates its own Lawyer Referral Information Service. This program matches you with attorneys who may be a good fit for your legal needs.

Cornell Legal Information Institute

Cornell University's Legal Information Institute (LII) offers local lawyer directories, searchable by practice areas.

Online Attorney Search Tools

There are a number of websites that allow potential clients to research and read reviews for local attorneys. These include:

• Avvo
• FindLaw
• Justia
• Lawyers.com
• Martindale
• Super Lawyers

Landlord Associations

There are multiple landlord associations active in the Capital Region. These organizations may be able to recommend attorneys that other members have used.

Why Does Communication Matter?

Good communication is one of the most important aspects of being a successful landlord, because it allows you to have healthy, positive relationships with your tenants and their neighborhood. If you get along well with your tenants, you may also be able to ask them for a testimonial or a positive review in the future. 

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. Show the 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 get me the rent, now!"
  • "I am frustrated that I haven't received your rent payment yet, because I need it to pay the mortgage. If you can get it to me by Wednesday, I won't add any late fees."

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 can agree 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.

Example Scenario: Communicating with a Tenant

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

The Situation

Your tenant lost her job a few months back, and she hasn't paid rent since. You've been patient with her, but you're going to have trouble making the mortgage next month. You're thinking about filing an eviction against her.

Brainstorm

• What is the problem you need fixed? 
  • My tenant isn't paying rent.
• How is the problem affecting you? 
  • It's getting hard to pay the mortgage, and my property tax bill is due in a few months.
• How do you feel about this? 
  • I’m frustrated – my tenant signed a lease and promised to pay rent in full every month, and now she isn't following the contract.

Create an I-Message 

“I’ve been feeling frustrated and concerned, because I haven't received a rent check from you for several months now. I'm asking you to work with me on this, because I don't want to default on the property."

Planning: Next Steps

• What are some steps you or your tenant could take to resolve the situation?
  • Partial payments: Perhaps your tenant could agree to pay what she can each month until she gets back on her feet.
  • Payment plan: If your tenant regains a source of income, another option could be to negotiate a payment plan for the arrears.
  • Rental assistance: You can ask your tenant to apply for rental assistance from a government agency or community non-profit.
• What will you do if your tenant does not agree / won't talk to me? 
  • You could try talking to your tenant one more time, this time letting her know that eviction is on the table.
  • You could contact a mediator or the City of Albany's Housing Services Advocate for assistance in contacting and negotiating with your tenant. 
  • If all of my efforts are unsuccessful, I may have to file an eviction against my tenant.
• What will you do if your tenant agrees to pay rent, but does not follow through on her promise? 
  • I will reach out to my tenant to see what the situation is and why she hasn't paid yet. 
  • Then I would follow the same steps as above.

Is It My Responsibility to Prevent Crime?

While landlords aren't necessarily responsible for the actions of their tenants, they should take basic steps towards crime deterrence. It is up to you to keep a general eye on your property and the activities that occur there.

What Can I Do to Prevent Crime at My Property?

Doors, Windows, and Locks

As a landlord, you are required to ensure that your property is physically secure. Your tenant should be able to easily lock the windows and door(s) in their unit. For extra security, you could consider adding a deadbolt to the door(s).

Lighting

There are a lot of lighting options to help illuminate your property at night. Some examples include porch and backyard lights, floodlights (within reason -- not bright enough to annoy the neighbors!), and motion-activated lighting. Recommend that tenants set up a lamp or other light on a timer when they are away to deter potential criminals.

Property Upkeep

Blight attracts crime, so keep your property up to code. Buildings in poor condition (especially vacant ones) indicate that no one is paying attention to or caring for the property. These buildings are sometimes seen by criminals as ideal hiding places for drugs, weapons, or people.

Security Systems

Many types of security systems exist these days -- everything from home alarms to motion-activated video cameras to property monitoring services. If crime is an issue in the neighborhood surrounding your rental, it may be wise to invest in added security to protect your property and its residents. Your tenants, and their neighbors, will thank you for it. 

Tenant Screening

Landlords are also responsible for screening their tenants. A prior criminal conviction does not necessarily indicate that someone will be a poor renter. Still, you have a responsibility to keep your tenants safe, and it may not be appropriate to allow people with certain prior convictions to move in (e.g. allowing a sex offender to move into one unit when there are children in the other). 

Know the Signs

The following may constitute warning signs of criminal activity: 

• Having large quantities of cash on-hand
• Wealth that is inconsistent with the person's occupation
• People loitering around the property
• Visitors at all hours and for short periods of time
• Vehicles with missing or obscured license plates
• Unusually high utility usage
• Unusual odors at the property
• Unusual garbage or debris 
• Gang colors or symbols
• Blacked-out windows

Things to Consider

If you have a tenant in your property who is not paying rent or causing you problems, the correct way to go about removing them is to take the tenant to eviction court. The following are some things to consider if you are thinking about initiating an eviction proceeding: 

• Is the property in question located within the City of Albany? If so, you will need to file the eviction case in Albany City Court - Civil Part. The Civil Part is located within City Hall, which is located at 24 Eagle St, Albany, NY 12207. 
• Is the property owned by an LLC or an individual? If you own the property as an individual, you have the option of representing yourself in court if you so choose. However, NYS law requires LLC's to be represented by an attorney in any court proceedings. If you own the property through an LLC, you cannot represent yourself. 
• Why do you want the tenant out?There are several types of eviction cases, and each type of case has different rules: 
  • Non-Payment Eviction: Tenant isn't paying rent (80-90% of Albany eviction cases)
  • Holdover Eviction: Any other reason, e.g. lease violations, criminal activity, etc. (10-20% of Albany evictions)
• Know the definition of an illegal eviction - and the consequences.Under NYS law (RPAPL § 768), an illegal eviction is defined as an attempt by a landlord to remove a tenant without going to court. This is a misdemeanor crime in New York State, and landlords who attempt to unlawfully evict a tenant may face arrest and prosecution. The following are some examples of actions that could constitute an illegal eviction attempt: 
  • Changing the locks without giving the tenant a key (lockout)
  • Removing doors or locks on the property
  • Harassing, intimidating, or threatening a tenant into moving out
  • Removing the tenant's belongings from the unit
  • Boarding up or sealing doors to the unit
  • Cutting or shutting off utility service to the unit
  • Falsely reporting lawful tenants as being "squatters" to law enforcement
  • Using deception to coerce a tenant into vacating
  • Tampering with or removing a tenant's mail
  • Damaging the unit or the tenant's personal belongings
  • Assaulting the tenant or physically removing them from the unit

Non-Payment Evictions

In a NON-PAYMENT eviction case, the landlord is required to serve the tenant with the following documents, in this order. These should be sent via certified mail and/or personally served upon the tenant(s). Failure to do so may result in the case being postponed or dismissed. 

1. Rent demand: This is a document that states the amount of rent that is owed. It instructs the tenant to pay the rental arrears within 14 days, or they may face eviction. Note: If the tenant does pay the rental arrears, you cannot pursue an eviction for non-payment.
2. Notice of petition for eviction: This document notifies the tenant that an eviction case has been initiated against them. 
3. Petition for eviction: You must also provide the tenant with a copy of the petition for eviction. The petition for eviction should be filed in Albany City Court, for properties located within Albany City limits. 

NYS Courts offers a free, do-it-yourself (DIY) software program for small landlords to pursue a non-payment eviction. To access this program, click here.

Holdover Evictions

In a HOLDOVER eviction case, the landlord is required to serve the tenant with the following documents, in this order. These should be sent via certified mail and/or personally served upon the tenant(s). Failure to do so may result in the case being postponed or dismissed.  

1. Notice: There are several types of notices that may be used, depending on the situation. 
   • Notice to CURE: This document can be used if the tenant is violating the lease in some way. It gives the tenant(s) 10 days to correct the violation(s), or they may face eviction.
   • Notice of TERMINATION: This document should be used if the lease has expired, or if there is no lease. Note: The tenant may be able to use good cause as a defense against this type of eviction notice.
   • Notice to QUIT: This document can be used if there is someone on the premises to whom the landlord did not agree to rent - e.g. a sublessee or a squatter. 
2. Notice of petition for eviction: This document notifies the tenant that an eviction case has been initiated against them. 
3. Petition for eviction: You must also provide the tenant with a copy of the petition for eviction. The petition for eviction should be filed in Albany City Court, for properties located within Albany City limits. 

NYS Courts offers two free, do-it-yourself (DIY) software program for small landlords to pursue holdover eviction cases under specific circumstances:

• To evict a squatter, click here.  
• To evict someone who is not the original tenant (e.g. a sublessee), click here. 

Take Note: Under Local Law F of 2021, an expired lease is NOT considered good cause to evict someone in most cases.

There are several landlord and real estate associations active in and around the Capital Region. These organizations offer opportunities to learn from and network with other property owners. They can also provide referrals to contractors, attorneys, property management companies, and other professionals.

These organizations are neither affiliated with nor endorsed by the City of Albany. 

Landlord Groups

Apartment Professionals Trade Society of NY

(APTS, F.K.A. New York Capital Region Apartment Association)

• Website: Click here
• Email: Send email
• Phone: (518) 456-0927
• Address: PO Box 3956, Albany, NY 12203

Capital District Association for Rental Property Owners

(CDARPO)

• Website: Click here
• Email: Send email

Real Estate Groups

Greater Capital Association of Realtors

(GCAR)

• Website: Click here
• Email: Send email
• Phone: (518) 464-0191
• Address: 449 New Karner Rd, Albany, NY 12205

New York State Association of Realtors

(NYSAR)

• Website: Click here
• Email: Send email
• Phone: (518) 463-0300
• Address: 130 Washington Ave, Albany, 12210

What is Mediation?

Mediation is a process of settling conflict. A mediator is a neutral third party brought in to help make sure the conversation is civil and productive. This can be helpful if a conflict is especially volatile, or if there is a power imbalance between the parties. 

How Can I Access Mediation Services?

Landlord-tenant mediation services are available through United Tenants of Albany. To learn more, call 518-436-8997. Alternatively, you can contact the Housing Services Advocate for the City of Albany.

What's the Deal with Housing Programs?

Section 8

The Housing Choice Voucher Program (Section 8) is a federal rental assistance program administered by the United States Department of Housing & Urban Development (HUD). Within the City of Albany, Section 8 vouchers are issued by the Albany Housing Authority. The Section 8 program covers the majority of the monthly rental payment for participating households. In turn, the household would be expected to contribute around 30-40% of their income towards their rent. The maximum allowable rent is based on the Fair Market Rent (FMR) for the area. 

Before a tenant with Section 8 can move in to an apartment, the unit must pass a basic inspection (similar to the City of Albany's Residential Occupancy Permit process). Once the tenant moves in, Section 8 rental payments will be issued directly to the landlord. 

"DSS"

"DSS" payments, formally known as Temporary Assistance (TA), are technically not housing assistance. These stipends, issued by the Albany County Department of Social Services (DSS), are paid directly to program participants. These funds can then be applied towards the household's expenses, to include rent and other bills.

Non-Profit Housing Providers

There are many other types of housing programs available in Albany. For a listing of some of the organizations administering these services, scroll down to the next section.

Why Should I Rent to Housing Program Participants?

1. It's the law: "No Section 8" and similar policies are actually illegal. New York State law forbids landlords from discriminating against tenants based on their source of income. Landlords are required to accept any lawful source of income as payment. 
2. Get Paid: One of the best benefits of renting to a housing program participant is that the majority of the rent is guaranteed to be paid each month by a government agency or non-profit organization. 
3. Tenant Screening: Most programs require tenants to apply and pass some sort of screening requirements. For example, the Section 8 program requires tenants to pass a background check before they can be accepted onto the waiting list. In a way, these programs offer landlords a basic "pre-screening" process.
4. Wraparound Services: Some housing programs offer wraparound services (e.g. mental health treatment, job training and placement, etc.) that can help clients successfully maintain their housing. 
5. Incentive to Maintain Housing: Many housing programs have very long waiting lists -- some tenants will spend years waiting for their name to come up. This is an incentive for participants to maintain their housing, so that they can avoid ending back up on a waiting list. 

Did You Know? During the COVID-19 pandemic, researchers found that housing voucher holders were more likely to pay rent, and they tended to owe less back rent than other tenants.

Albany Housing Program Providers

Albany County Department of Social Services (DSS)

• Administers Temporary Assistance (TA) program for Albany County
• Works with individuals and families coming out of homelessness
• Phone: (518) 447-7300
• Address: 162 Washington Ave, Albany, NY 12210
• Website:  Click here

Albany Housing Authority (AHA)

• Administers federal Section 8 and other voucher programs within the City of Albany
• Phone: (518) 641-7500
• Address: 200 S Pearl St, Albany, NY 12202
• Website:  Click here  

CARES, Inc.

• Oversees regional Continuum of Care for the homeless
• Phone: (518) 489-4130
• Address: 200 Henry Johnson Blvd, Albany, NY 12210
• Email:  Send email
• Website:  Click here  

Catholic Charities Housing Office

• Works with people experiencing homelessness / housing instability
• Provides rental assistance and other services
• Phone: (518) 459-0183
• Address: 41 N Main Ave, Albany, NY 12203
• Email: Send email 
• Website: Click here  

Homeless and Travelers Aid Society (HATAS)

• Rapid rehousing (RRH) provider for the unhoused
• Phone: (518) 463-2124
• Address: 138 Central Ave, Albany, NY 12206
• Email: Send email 
• Website: Click here 

Legal Aid Society of Northeastern NY (LASNNY)

• Offers STEHP program for families coming out of homelessness
• Rental assistance (ESG) provider
• Phone: (833) 628-0087 – Legal Line
• Address: 95 Central Ave, Albany, NY 12206
• Website: Click here 

St. Catherine's Center for Children

• Rental assistance (ESG) provider
• Rapid rehousing (RRH) provider for the unhoused
• Phone: (518) 453-6700
• Address: 40 N Main Ave, Albany, NY 12203
• Website: Click here

United Tenants of Albany (UTA)

• Rental assistance (ESG) provider
• Phone: (518) 436-8997
• Address: 255 Orange St, Suite 104, Albany, NY 12210
• Email: Send email 
• Website: Click here

Why Do Landlords Need to Understand Tenants' Rights?

It is important for landlords to have a good working knowledge of tenants' rights in order to protect their rental businesses. Whether intentional or not, violating a tenant's rights can prove to be a costly mistake, impacting your bottom line and potentially damaging your reputation. Understanding the basics of landlord-tenant law can help you to prevent these errors. 

Tenants' Rights: 10 Common Landlord Mistakes

1. Substandard Housing Conditions

Under the Albany Renter's Bill of Rights, tenants have the right to live in housing that is free from code violations and meets basic standards of living. In addition, every rental property in Albany should have a valid Residential Occupancy Permit (ROP). 

Tenants have the right to bring up any maintenance issues with their landlords. If their landlord does not address the problem, tenants have the right to make a formal housing complaint to the City of Albany.

To keep both landlords and tenants safe, serious repairs and renovations must by done by a licensed professional and with a City building permit. Click here to learn more about City permitting. 

2. Retaliation

It is illegal to retaliate against a tenant for exercising their rights, to include: making a housing complaint, joining a tenants' union, applying for assistance, etc. Retaliation sometimes looks like:

• Harassment, intimidation, or threats (these can be verbal or physical)
• Filing an eviction against a tenant without a valid reason (without "good cause")
• Refusing to renew a tenant's lease because they called code enforcement
• Extreme rent increases as retribution
• Charging bogus fees, e.g. a fine for calling code enforcement

3. Discrimination

In New York State, it is illegal for a landlord to treat tenants differently or refuse to rent to someone because of their:

• Race and/or ethnicity
• National origin
• Religion
• Gender identity
• Sexual orientation
• Disability (including mental health conditions)
• Familial status (such as whether or not a tenant is married or has children)
• Source of income
• Service or emotional support animal

Did You Know? Blanket policies such as "No Section 8" and "no children" are actually illegal in New York State.

4. Illegal Lease Provisions

A landlord should not propose a lease that violates the tenant's rights or prohibits the tenant from exercising their rights under the law. The following are some examples of illegal lease provisions that have been used by landlords in the Albany area:

• "Landlord has the right to enter the unit at any time, for any reason."
• "This property is being rented 'as-is.'"
• "Children and guests are prohibited from the unit."
• "Making a housing complaint to any other source [besides the landlord] will result in penalties."
• "You agree to hold the landlord harmless and to refrain from taking legal action against the landlord."
• "If rent is late, you will be charged $50 per day in late fees until it is paid."

If you are unsure of whether your prospective lease would violate your tenant's rights, consult an attorney for further guidance. 

5. Ignoring an Escrow Notification

Tenants have the right to withhold rent due to un-remedied code violations in their unit. If a landlord fails to provide their tenant with a safe, livable, and sanitary dwelling, the tenant has the right to pay their rent into a separate bank account, rather than to the landlord -- this is called paying in escrow. If a tenant informs you that they will be withholding rent until violations are fixed, the proper remedy would be to make the necessary repairs (rather than filing for eviction or retaliating against the tenant). 

6. Failing to Provide Proper Notice

If you are going to raise a tenant's rent, or if you wish to terminate their lease, you must provide them with proper written notice of the change. The amount of time you need to give the tenant depends on how long they have lived in the unit:

• If the tenant has lived there for less than a year, a 30-day notice is required.
• If the tenant has lived there for 1-2 years, a 60-day notice is required. 
• If the tenant has lived there for 2 or more years, a 90-day notice is required.

7. Unlawful Evictions

In New York State, it is a misdemeanor crime to unlawfully evict a tenant. An unlawful eviction refers to actions taken by a landlord to remove a tenant from the property, outside of the normal eviction court process. The following 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 to the unit
• Damaging the unit to the point that it is not safe to live in
• Barricading doors or windows

You should be aware that you may be subject to arrest and prosecution for violating this statute.

8. Failing to Return Security Deposits

A security deposit consists of tenant funds held by the landlord to cover any expenses that the tenant may cause (e.g. property damage, unpaid rent). However, it is important to recognize that this money still legally belongs to the tenant. It should be held in a separate account and should not be co-mingled with the landlord's own monies.

When a tenant moves out, you are automatically required to return their security deposit to their last know address (or their forwarding address, if one was provided). You are allowed to withhold all or part of the funds to cover any unpaid rent or damages; however, if you do keep any portion of the deposit, you are required to send the tenant an itemized list of deductions. 

Tenants should not be charged automatic fees or deductions for "cleaning" or "redecorating," unless the condition of the apartment upon move-out warrants such charges. In addition, normal wear and tear that comes from living in a unit should not be considered property damage. Some examples of normal wear and tear include: small nail holes, minor scuffs or scratches on walls or floors, and negligible stains on carpets. 

9. Entering Without Notice

Most leases do require the tenant to grant their landlord access to the unit for certain purposes, such as: 

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

However, if you plan on entering an occupied unit, you must give the tenant at least 24 hours' written notice. Furthermore, you only have the right to entry during "reasonable hours", which generally refers to standard business hours (approximately 9 AM to 5 PM, Monday - Friday).

These rules do not apply in emergency situations (e.g. a gas leak, fire, or burst pipe) -- landlords may enter immediately in these scenarios.

10. Overcharging Late Fees

Landlords can only charge late fees after the rent is late by at least 5 days, and only if the fees are explained in the lease that the tenant signed. In addition, there are caps on late fee amounts in New York State: landlords are only allowed to charge fees up to $50, or 5% of the monthly rent (whichever is less).