Friedman and Ranzenhofer, PC Law Blog, Landlord Tenant

Essential Lease Riders that Protect NY Landlords

These thirteen residential lease riders help NY landlords:

1. Bed Bug Rider

Bed bugs enter dwellings by latching on to used furniture, luggage, and clothing, and by traveling along connecting pipes and wiring. The Bed Bug Rider Tenant affirms that all furnishings and personal belongings will be inspected prior to being moved into the unit and are free of any bed bugs. Tenant agrees to continually monitor for the presence of bed bugs. Tenants shall check their personal belongings before reentering the unit after staying at a hotel or another home, using public transportation; or visiting a public venue. Tenant must inform landlord of any apparent bed bug infestation. Tenant shall provide landlord access to the unit within twenty-four hours of notifying landlord of a potential bed bug infestation. Tenant will allow access to any pest management company hired by landlord. Tenant agrees to fully cooperate with landlord regarding all bed bug control efforts. If tenant’s unit, or a neighbor’s unit, become infected with bed bugs, tenant shall comply with all requirements by the landlord and/or the pest management company. Cooperation includes evacuating the premises during and after treatment and following all post-treatment requirements to prevent any re-infestations. In order to minimize the potential for bed bug infestation, tenant will avoid practices that frequently lead to infestation by not acquiring secondhand furniture or using another person’s vacuum cleaner. Tenant shall indemnify and hold harmless landlord from any loss, damage, liability, attorneys’ fees, and costs that are the direct or indirect result of a bed bug infestation caused by tenant or any guests.

2. Crime-Free/Drug-Free Rider

This “zero tolerance” rider was upheld by the U.S. Supreme Court as enforceable. It allows landlords to evict tenants even if they were unaware that there was criminal activity by other occupants. It is a lease violation for any household member or guest or other person under tenant’s control to be engaged in violent or drug-related criminal activity on or near premises, regardless of the tenant’s knowledge.

3. Lead-Based Paint Hazards

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling; and provide a federally approved pamphlet on lead poisoning prevention.

4. Move-in/Move-out Checklist

A move- in/move- out checklist documents the condition of rental property when tenants move-in and when they move- out. The condition of each room is noted, including the need for cleaning and repair of : doors, ceilings, floors, carpeting, woodwork, pantry, walls, windows, sinks, garbage disposal, plumbing, electrical, microwave, refrigerator, range/stove/oven, counter tops, cupboard, smoke detectors, sprinklers, carbon monoxide detectors, blinds/shades, furniture, fireplace, hvac, and fire extinguisher. Landlords benefit from the checklist because it minimizes potential security deposit disputes and facilitates having the unit ready for the next tenant. To withhold the security deposit or to sue the tenant, landlord has the burden of proof to establish the condition of the unit before the tenant took possession and when the tenant vacated the unit. The checklist identifies any damage caused by

the tenant beyond normal wear and tear that will allow landlord to use the security deposit to pay for repairs and cleaning. The NY Housing Stability and Tenant Protection Act of 2019 requires landlords to offer tenants a move-in inspection before they take occupancy of the apartment. If the tenant notes anything that needs repairs, the landlord must prepare a written agreement of what needs to be repaired. Landlords are required on 48 hours’ notice to notify tenants that they must be given an opportunity 7 to 14 days before the end of the lease term to do a move-out inspection. After the inspection, the landlord must give the tenant a list of required repairs or cleaning. The tenant can “cure” any issue discovered during the inspection. Anything on the list that the tenant does not fix can be deducted from their security deposit. Within 14 days of move-out, the landlord must return the balance of the security deposit or an itemized list of deductions from the deposit. Landlords who fail to do so, can be sued for actual damages plus punitive damages of two times the security deposit.

5. Personal Guarantee

If the tenant does not meet landlord’s income and credit requirements, a guarantor should be required. The guarantor unconditionally guarantees the full performance of the lease by tenant, including the payment of rent and other charges. This guaranty will not be affected by any change in the lease, including any extension of time or renewals.

6. Pet Registration:

If pets are permitted, the registration form should contain the following information: pet type; weight; age; sex; color; license number and expiration date; veterinarian’s name, address, and telephone number; inoculations; and who to contact for alternate care in case of an emergency. Dogs should be required to be vaccinated, treated for fleas, and currently licensed by the town.

7. Service Animal/ESA Rider

Emotional Support Animals (“ESAs”), who are also referred to as assistance, comfort, or companion animals, alleviate one or more symptoms of a person’s disability. They are not trained for a specific purpose or for a specific task. Service animals such as guide dogs, hearing dogs, and psychiatric animals are trained to help people with disabilities by executing specific tasks like pulling a wheelchair, guiding persons who are visually impaired, providing support during seizures, and calming individuals suffering from PTSD. Tenants with disabilities may request reasonable accommodations from leases with no-pet provisions. Allowing the animal to damage the property, be unleashed, persistently bark, or otherwise cause a nuisance or danger are grounds to evict the tenant, as is neglecting the animal.

8. Smoking Policy

Due to the increased risk of fire and the known health effects of secondhand smoke, smoking of any product, including tobacco and marijuana, is prohibited in all areas of this property, both private and common, whether enclosed or outdoors. Electronic cigarettes are also prohibited. The policy applies to all tenants, guests, and servicepersons.

9. Good Cause Notice

Beginning August 18, 2024, the NY Good Cause Eviction law requires New York landlords to send or incorporate a “Good Cause Eviction Law Notice” with every initial lease, renewal lease, notice of rent increase or nonrenewal pursuant to RPL §226-c(1), statutory 14-day rent demand pursuant to Real Actions and Proceeding Law (“RPAPL”) §711(2), and petition pursuant to RPAPL § 741. The notice must advise the tenant, among other things, (i) whether the unit is exempt from Good Cause Eviction protection and the basis for exemption, (ii) if the unit is subject to Good Cause Eviction protection and the landlord intends to increase the rent above the Local Rent Standard, the justification for the increase, and (iii) if the unit is subject to Good Cause Eviction protection and landlord is electing not to renew the lease, the basis for such non-renewal.

10. Confession of Judgment

A judgment by confession may be entered pursuant to NY CPLR § 3218 (2023), without a lawsuit, either for money due or to become due, based on an affidavit executed by the tenant: (1.) stating the sum for which judgment may be entered, authorizing the entry of judgment, stating the county where the defendant resides and, if applicable, stating that the interest rate for consumer debt of 2% applies; and (2.) if the judgment to be confessed is for money due or to become due, stating concisely the facts out of which the debt arose and showing that the sum confessed is justly due or to become due. Within three years after the affidavit is executed, it may be filed with the clerk of the county where the tenant’s affidavit stated that he or she resided when it was executed or where the tenant’s residence at the time of filing. The clerk shall then enter a judgment in the supreme court for the sum confessed. The judgment may be docketed and enforced in the same manner and with the same effect as a judgment in an action in the supreme court. No judgment by confession may be entered after the tenant’s death.

11. Flood History

NY Real Property Law Sec. 231-B (6/21/23) requires every residential lease disclose any prior flood damage to the leased premises due to a natural flood event, such as heavy rainfall, coastal storm surge, tidal inundation, or river overflow, that the landlord knows or reasonably should know has occurred to such premises and the nature of any such damage. The lease must also disclose whether the property is within a FEMA designated floodplain or the 100-year or 500-year floodplain. Residential leases must also provide notice that flood insurance is available to tenants through FEMA’s National Flood Insurance Program.

12. Sprinkler Disclosure

NY Real Property Law 231-a (12/3/14) requires that every residential lease provide conspicuous notice in bold face type as to the existence or non-existence of a maintained and operative sprinkler system in the leased premises. If there is a maintained and operative sprinkler system in the leased premises, the residential lease must provide further notice as to the last date of maintenance and inspection.

13. Tenants’ Rights to Reasonable Accommodations

NY Human Rights Law § 296.2-b and § 296.18-a (3/2/21) requires disclosure to all tenants and perspective tenants of their right to request reasonable modifications and accommodations if they have a disability within thirty days of the beginning

of their tenancy. Tenants with a physical, mental, or medical impairment, can request:

1. Permission to change the interior to make it accessible. Tenants must pay for these modifications and can be required to restore the unit to its original condition when they move out.

2. Changes to rules, policies, practices, or services.

3. Changes to common areas of the building so that tenants have an equal opportunity to use the building. NYS Human Rights Law requires landlords to pay for reasonable modifications to common use areas.

For further information and the lease rider forms, see the Twelve Lease Riders That Protect Landlords – Webinar  Attorney Robert Friedman has represented landlords for over 45 years. He is the author of How to Survive Legally as a Landlord and The Upstart Small Business Legal Guide. He was a real estate law columnist for the Buffalo News and Courier Express. He frequently lectures for the American Apartment Owners Association (AAOA) and other real estate investor/landlord groups. Attorney Justin R. Friedman frequently lectures for the AAOA. As team leader of the Friedman & Ranzenhofer Landlord Litigation Department, he advises landlords on a daily basis.

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