Resources – United Tenants of Albany

If your landlord is failing to make serious repairs in your apartment, you may be able to take them to court using the Tenant Dignity and Safe Housing Act (TDSHA) — also known as a “7-D Receivership” case.

Through this law (that UTA helped draft), tenants can ask the court to:

Order repairs
Reduce rent (rent abatement)
Award financial compensation
And more, depending on what the court allows

Who Can File a 7-D Case?

You must currently live in the apartment you are suing for.
The repair issues must still be ongoing.
You cannot sue for problems that were already fixed, or for a unit you’ve already moved out of.

How to File a 7-D Case

Fill out the court forms
You’ll need to complete two documents: the Notice of Petition and the Petition.
Forms are available here: [Insert Link to Forms – we can link directly if you provide it].
Notarize the Petition page
A notary public must witness your signature on the Petition.
File the forms at your local city court
Bring your completed paperwork to the courthouse.
There is typically a filing fee around $45. Can’t afford the fee?
Ask the court for a fee waiver by completing a short form. This allows your case to proceed without payment.
Serve the landlord
After filing, you must make sure your landlord is officially notified (“served”). You can:
- Have a disinterested third party serve them in person, OR
- Send the court papers via certified mail

Need Help?

United Tenants of Albany (UTA) can help you:

Gather documentation
Understand your rights
Navigate the court process

Contact us today if you’re considering a 7-D claim or need support preparing your case.

Forming a Tenant Union or Association

Tenant Unions or Tenant Associations are groups of neighbors who come together to organize for their shared rights and needs. Like a labor union, a tenant union gives renters collective power to address issues with landlords and improve living conditions.

These groups can be based in:

A single building or apartment complex
Properties owned by the same landlord
A block, neighborhood, or even an entire city

What Can a Tenant Union Do?
Tenant unions can work together to:

Demand timely repairs and maintenance
Negotiate rent concerns or abatement
Improve safety and security
Advocate for better housing policies in their community

Utility Issues

When Can Utilities Be Shut Off?

Utility companies must follow strict timelines before terminating service:

No action can be taken until a bill is 20 days past due.
Then, the company must issue a final notice at least 15 days before shutoff.
This means the earliest a shutoff can legally happen is 35 days after the due date.
Shutoffs can only happen Monday–Thursday, between 8 AM and 4 PM.
Shutoffs cannot happen on:
- Fridays,
- Holidays,
- Days when the utility company’s main office is closed, or
- During the two weeks around Christmas and New Year’s.

If your shutoff didn’t follow these rules, contact the NYS Public Service Commission to report a violation.

Deferred Payment Agreements (DPA)

If you’re behind on your utility bills, you can request a Deferred Payment Agreement (DPA):

DPAs allow you to pay back what you owe over time.
They must reflect your actual financial situation — down payments can be as low as $0, and monthly payments as low as $10.
The agreement must be signed by both you and the utility provider.

If your financial situation changes, contact the utility immediately to renegotiate the DPA. You may need to provide documentation of your changed circumstances.

Shared Metering

If more than one unit shares a utility meter:

The Shared Meter Law requires the owner to pay for the service, or to separate the meters.
Tenants should not be charged for utilities used by others.

Need Help?

Contact the Public Utility Law Project (PULP) for free support:
📞 Hotline: 877-669-2572
📧 Email: info@utilityproject.org

Tenants in Foreclosure

Tenants living in properties that are in foreclosure—either because the landlord has defaulted on the mortgage or failed to pay taxes—retain rights and protections under both federal and local laws. These protections differ depending on the type of foreclosure.

1. Mortgage Foreclosure

Even if a property goes into mortgage foreclosure, tenants generally have the right to remain in their homes:

Lease-holding tenants can stay for the remainder of their lease, even after a foreclosure sale, unless the new owner intends to move in as their primary residence.
Tenants without a lease are entitled to at least 90 days’ notice before eviction.

Typical Timeline of a Mortgage Foreclosure:

The landlord (borrower) becomes delinquent and receives a 90-day pre-foreclosure notice from the bank or lender.
A foreclosure lawsuit begins.
The bank serves a Summons and Complaint to the landlord and must also notify tenants. This usually comes in a large legal packet.
The landlord may:
- Respond or request a settlement conference,
- Refinance or negotiate a resolution, or
- Ignore the notice (often the case with absentee landlords).
If unresolved, the lender seeks a Judgment of Foreclosure and Sale.
A foreclosure auction takes place, and either the bank or a third party becomes the new owner.
The new owner must show tenants the deed proving they own the property.

The mortgage foreclosure process typically takes about a year from start to finish.

Common Tenant Defenses in Foreclosure Evictions:

The new owner did not serve proper 90-day notice;
The new owner filed for eviction too early;
The deed was never shown to the tenant;
The Notice to Quit was defective or not served properly.

“Cash for Keys” Agreements

In some foreclosure situations, especially when a new buyer wants the property vacant, tenants may be offered money to move voluntarily. This is often called “Cash for Keys.”

Typical Offers:

$5,000 for moving out within 60 days
$2,500 for moving out within 30 days
$1,500 for moving out within 15 days
If the tenant does not move within the agreed timeframe, they still retain their 90-day right to stay, but will not receive the payment.
If you have a lease and intend to stay beyond 90 days, you should contact the new owner, provide a copy of your lease, and document all communication.

Important Notes About “Cash for Keys” Offers:

To receive payment, tenants must sign a written agreement with the bank or new owner outlining the move-out timeline and amount offered.
If the tenant does not move out by the agreed deadline, they forfeit the payment, but still retain the right to stay for at least 90 days.
If you have a valid lease and plan to remain beyond 90 days, you should:
- Notify the new owner in writing,
- Provide a copy of your lease, and
- Keep a record of all communications.

2. Tax Foreclosure

Tenant protections are different in the case of tax foreclosure, and in many cases fewer legal safeguards exist.

Key Differences:

Tenants are not automatically entitled to stay for 90 days or through the lease term.
Tenants are not entitled to a court eviction after the municipality takes title.
Once the municipality owns the building, the sheriff may issue a 72-hour notice to vacate.

Typical Tax Foreclosure Timeline:

The landlord fails to pay property taxes.
The municipality mails a notice and petition for foreclosure.
The landlord has about 3 months to pay or respond.
If unpaid, the municipality waits approximately 6 months before taking title.
After title is transferred, tenants receive a 72-hour notice to vacate from the sheriff.

Albany County Practices:

Albany County makes efforts to notify tenants months in advance of taking title.
No evictions are carried out during “Code Blue” months (when temperatures are dangerously low).
The County avoids shelter placements where possible, as they absorb the cost.
In some cases, tenants may be offered the opportunity to purchase the property.

Section 8 Tenants

Section 8 is a federal rental assistance program where households use a voucher to subsidize rent in the private market, overseen by a local Public Housing Authority (PHA). The voucher “moves” with the household, meaning the tenant can bring their subsidy to new units. Each household is assigned a Section 8 caseworker who monitors eligibility and compliance.

Applying the Voucher to a Unit

To use a Section 8 Voucher:

The unit must pass:
- A “rent reasonableness” test, and
- A Section 8 inspection.
The landlord can charge rent up to what is considered reasonable for that ZIP code based on HUD’s formula—this may be higher than what most tenants could afford without assistance.
The tenant pays up to 30% of their income toward rent; the voucher covers the rest via a direct payment to the landlord.

Household & Income Reporting Rules:

Only people approved by the PHA may live in the unit.
Household changes must be reported within 10 days.
Any change in income must be reported to the Section 8 worker within 10 days.
An annual recertification is required.
Failure to report changes may result in:
- Retroactive rent increases;
- The household being labeled a fraud account;
- Termination from the program.

Repair Issues & Apartment Conditions

If there are repair or habitability concerns in the unit:

Request an inspection from Section 8.
Also request a local code inspection to document violations.
Let Section 8 complete their process—they may choose to:
- Withhold their rent portion, putting the apartment into abatement.
- If issues are not corrected within 30–60 days, the tenant may receive a moving voucher.
  - Tenants must use their moving voucher within the allowed time.
  - If a tenant does not secure a new unit before using all available extensions (maximum of 3), they may lose the voucher.

Inspections:

Section 8 units are subject to:
- Move-in inspection
- Annual inspection
- Occasional random quality control inspections
If the tenant causes damage, the landlord can charge the tenant, but it is still the landlord’s duty to make the repair.

⚠️ Important note: Tenants who fail to pay their portion of the rent—even when withholding rent due to conditions—risk losing their voucher.

Landlord-Tenant Relationship in Section 8

At the beginning of tenancy, landlords must offer a 1-year fixed-term lease.
After the first year, both parties may agree to a month-to-month agreement.

Eviction Procedures:

A landlord must serve court papers to both the tenant and the Section 8 office.
- Failure to notify Section 8 may lead to dismissal of the case.
Landlords cannot charge more than the approved rent listed in the Housing Assistance Payment (HAP) contract.
- Unauthorized rent increases or side agreements are usually unenforceable.

Eviction Scenarios:

Tenants may be evicted for:
- Nonpayment of their portion of the rent (can result in loss of voucher).
- Nonpayment during abatement (when Section 8 is withholding rent), but only within the first six months.
Under Spiegel Law, tenants may have a defense against eviction or liability if:
- The PHA or subsidy provider is withholding payment due to bad conditions.
After six months of abatement, if the tenant has not moved, they may:
- Be liable for all rent owed;
- Be terminated from the Section 8 program.

Public Housing Tenants

Public housing is usually managed by a local Public Housing Authority (PHA). For example:

Albany: Albany Housing Authority (AHA)
Troy: Troy Housing Authority

Not all municipalities have PHAs. (e.g., Colonie has no PHA, despite being seven times the size of Watervliet, which does.)

Lease Basics & Income-Based Rent

When tenants enter public housing, they agree to detailed lease terms. Common terms include:

Rent is set at 30% of total household income.
Only individuals listed on the lease may reside in the unit.
New occupants must be approved and added to the lease, with full income disclosure.
Unauthorized occupants may result in termination of tenancy.
Tenants must report any income changes to the PHA immediately.
Failure to recertify income may result in:
- Retroactive rent charges;
- Lease termination.
Rent adjustments are based on the date of income change notice, not the date income is received.
If a tenant loses income, they should immediately request a “hardship rent” review (as low as $0–$50/month in some cases). Delayed notification will likely mean no retroactive adjustments.

Transfers

Tenants may request a transfer by writing to their building manager. If there have been household or family status changes, these must be reported.

Emergency Transfers: Only granted when there is an immediate threat to life, health, or safety that cannot be resolved within 24 hours.
Non-emergency transfers are handled on a needs-based system.

Lease Violations & Eviction Process

When a tenant is accused of violating their lease, the process generally follows these steps:

Initial written notice of the violation.
Follow-up notice if the issue continues.
Tenant is given the right to request an informal hearing.
- ⚠️ Important note: This request may need to be submitted in writing, and tenants may not always be notified of this right.
If the tenant disagrees with the outcome of the informal hearing, they may request a formal hearing, also in writing.

Annual Recertification

Mandatory for all public housing tenants.
Typically, four reminder notices are sent, but tenants should not rely solely on these.
Failure to recertify may lead to:
- Rent being raised to Fair Market Rent, or
- Eviction proceedings.

Albany Housing Authority (AHA) Specifics

Rent is due by the 5th of each month.
If rent is paid after the 10th, a $25 late fee applies.
AHA court sessions for nonpayment are held once per month.

In Court:

Tenants who appear and pay the current month’s rent are typically offered a repayment agreement (6–12 months).
Tenants who appear but cannot pay may be given until the end of the month (usually 2 weeks) to catch up.
Before entering a repayment plan, tenants may be asked to sign a Confession of Judgment.

⚠️ Important Notes About Confessions of Judgment:

Once signed, it is very difficult to contest.
Tenants may still request a file review to verify the balance owed.
If a repayment agreement is broken, the entire amount becomes due immediately, and an eviction warrant is issued without a return to court.

Maintenance & Repair Charges

Maintenance fees are generally listed in the lease.
Charges may apply for every service (e.g., changing a lightbulb: $5).
If tenants believe a fee is unfair:
1. First, raise the issue with the site manager.
2. If unresolved, submit a written request for an informal hearing.
If the lease clearly outlines a charge, it is generally considered enforceable.

Lease Agreements

A lease is a legally binding contract. Any changes to the lease agreement should be made in writing and signed by both parties. Verbal agreements—even those made by the landlord—may not hold up legally. Some lease clauses are illegal in New York State and therefore void, even if signed. For example:

A tenant cannot waive their right to a summary proceeding before an eviction.
A landlord cannot grant themselves unrestricted access to the unit.

These provisions violate public policy and are unenforceable.

When a Lease Ends

If a lease ends and is not renewed, but the tenant remains in the unit, the landlord can file a “holdover” eviction, unless the tenant is protected by Good Cause Eviction. However, if the landlord accepts rent after the lease expires, the tenant becomes a month-to-month tenant, subject to the same terms as the prior lease.

Breaking a Lease

Tenants in New York State may legally break a lease under the following conditions:

Domestic Violence – With a final order of protection and a request to family court, the tenant may terminate the lease without penalty.
Military Service – Due to deployment or active duty.
Senior Citizens – If certified by a physician as no longer able to live independently (tenant must be over 62).

If a lease is broken for any other reason, tenants should be aware of possible consequences:

The landlord may sue for unpaid rent.
A judgment may be issued for the months the unit was vacant.
This may result in wage garnishment or damage to credit.

⚠️ IMPORTANT: Landlords are legally expected to make a good faith effort to re-rent the unit if a tenant breaks the lease. If they do not attempt to re-rent, a judge may reduce the amount owed. However, if the landlord makes reasonable efforts to re-rent and the unit remains vacant, they may recover unpaid rent and retain the security deposit.

If the unit becomes uninhabitable due to fire or another issue beyond the tenant’s control, the tenant should be able to vacate without lease penalties.

Month-to-Month Tenancy

A month-to-month tenancy is the default arrangement when:

There was never a lease, or
A fixed-term lease expires, and the landlord continues accepting rent.

In these cases, the original lease terms still apply, even if it has technically ended.

30-60-90 Day Rule

If a landlord wishes to terminate a month-to-month tenancy or raise rent significantly, they must give written notice based on how long the tenant has occupied the unit:

30 days’ notice if tenant has lived there less than 1 year
60 days’ notice if tenant has lived there 1–2 years
90 days’ notice if tenant has lived there more than 2 years

⚠️ Important Note: This rule also applies to rent increases over 5% or $50, whichever is less.

If the tenant continues paying rent after the notice period, and the landlord accepts that rent, the notice becomes void and a new notice must be issued.

Example: If you’ve lived in a unit for over 2 years and receive a 90-day notice on March 1, but the landlord accepts July rent after that period ends, the original notice is invalidated.

⚠️ Important Note: The 30-60-90 rule functions differently under Good Cause Eviction laws. See the relevant section for details.

Recurring Leases

Recurring (or automatic renewal) leases are legal, but the landlord must provide the tenant with 60 days’ written notice prior to renewal. Without this notice, the automatic renewal may not be enforceable.

Fair Housing Rights

United Tenants of Albany is proud to serve as an Emerging Fair Housing Office, working to ensure that tenants and homebuyers understand and exercise their fair housing rights. The information below outlines the protections guaranteed under federal and New York State law, the responsibilities of housing providers, and the steps you can take if you experience housing discrimination.

Protected Characteristics

Federal Law Protects Against Discrimination Based On:

Race
Color
Religion
Sex
Disability
Family Status
National Origin

New York State Law Expands Protections To Include:

Age
Marital Status
Military Status
Sexual Orientation
Gender Identity
Source of Income

Prohibited Actions

Refusing to sell or rent housing based on any of the protected characteristics
Applying different terms or conditions in a sale or rental
Advertising with language that expresses a preference, limitation, or discrimination
Coercing, threatening, or interfering with anyone exercising their housing rights
Retaliating against someone or a group advocating for fair housing

Who Is Prohibited from Discriminating?

Owners and landlords
Property managers and managing companies
Co-op boards and condominium associations
Tenants subletting units
Real estate brokers and salespersons
Employees or agents of any of the above

Protected Sources of Income

You cannot be discriminated against based on how you legally pay for housing. Protected income includes:

Child support
Alimony or spousal maintenance
Foster care subsidies
Social Security income
Federal, state, or local public assistance
Housing assistance (e.g., Section 8 vouchers)
Any other lawful source of income

What To Do If You Face Discrimination

Federal Recourse:

File a complaint through the Office of Fair Housing and Equal Opportunity
Or contact HUD’s Office of General Counsel

State Recourse:

Contact the Albany Regional Office of the NYS Division of Human Rights 518-474-2705.

Local Recourse:

Contact UTA at 518-646-0629
Contact the City of Albany Fair Housing Office at 518-807-1998

Reasonable Accommodations for Tenants with Disabilities

Tenants who meet the legal definition of a disability are entitled to reasonable accommodations.

To request an accommodation:

Submit the request in writing to the landlord
State that you have a disability
Explain how the accommodation will help you better access and enjoy your home
Include a note from a doctor, therapist, or service provider verifying the need

⚠️ Important Note: Tenants do not need to disclose specific diagnoses or medical histories.

If the requested accommodation is considered unreasonable, the landlord must:

Explain why it is being denied, and
Offer a reasonable alternative, if available
Landlords may require the tenant to pay for the cost of physical modifications
In some cases, landlords may also require tenants to place funds in escrow to restore the unit to its original condition when moving out

Emotional Support Animals

Even if a lease prohibits pets, a tenant with a qualifying disability can keep an emotional support animal.

A letter from a licensed therapist or physician is typically sufficient

⚠️ Important Note: If you believe you’re being discriminated against, contact United Tenants of Albany (UTA) for support and guidance.

Security Deposits

How Much Can Be Charged?

Maximum allowed: One month’s rent
No additional fees (cleaning, pet, etc.) can be charged as part of the deposit
If the property is sold, the security deposit must be transferred to the new owner within 5 days, or returned to the tenant for them to transfer.

What Can a Landlord Deduct?

Unpaid rent or utility bills
Damage beyond normal wear and tear
Moving and storage of tenant’s belongings (if abandoned)
Lost income from a lease break (if the unit remains vacant and no replacement tenant is found)

❗ Normal wear and tear includes things like faded paint, minor scuffs, or worn carpet. Holes in walls, broken appliances, or extensive filth are considered damage.

Return Timeline & Tenant Protections

For Leases Ending After July 14, 2019:

Landlord must offer a pre-move-in inspection with a written checklist.
Upon move-out, landlord must:
- Provide a 14-day written statement listing deductions.
- Return the remaining deposit within 14 days of move-out.

For Leases Ending Before July 14, 2019:

Landlords must return the deposit within a “reasonable time” (usually 30 days).
Emergency moves due to code violations or safety concerns should trigger immediate return of the deposit.

If the landlord fails to do this, they forfeit their right to keep any portion of the deposit. Tenant may sue for double the deposit as punitive damages.

Move-Out Best Practices

Leave the unit “broom clean”
Take photos of every room and fixture before leaving
Keep copies of written communication with the landlord
Ask for a walk-through and checklist, if not offered

Documentation Best Practices

Before you move in
While living in the apartment
As you move out

Good records = strong protection.

When There’s a Dispute

1. Try to Resolve Informally

Speak or write to your landlord. Keep records of all contact.

2. Prepare for Small Claims Court (If Needed)

If the deposit isn’t returned properly, tenants may file a claim (up to $5,000) in Small Claims Court.
See Small Claims Court Process for details on how to file.

Bring to court: Photos and videos of the apartment before and after, move-in/move-out checklists, witness statements, receipts, repair requests, and/or code enforcement reports

3. What Landlords Must Prove

If the landlord claims damage, they must show:

Photos
Receipts or estimates
Evidence that damage exceeds normal wear and tear

⚠️ Important Note: Bring printed copies — cell phone photos/videos are not accepted as evidence by all judges. The burden of proof is on the tenant to disprove the landlord’s claims.📝 Best Advice: Document Everything