Rights & Responsibilities

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.

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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.

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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.

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Need Help?

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

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.

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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.

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.

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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:

1. The landlord fails to pay property taxes.
2. The municipality mails a notice and petition for foreclosure.
3. The landlord has about 3 months to pay or respond.
4. If unpaid, the municipality waits approximately 6 months before taking title.
5. 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 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.

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Applying the Voucher to a Unit

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Repair Issues & Apartment Conditions

If there are repair or habitability concerns in the unit:

1. Request an inspection from Section 8.
2. Also request a local code inspection to document violations.
3. 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.

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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.

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.)

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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.

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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.

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Lease Violations & Eviction Process

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

1. Initial written notice of the violation.
2. Follow-up notice if the issue continues.
3. 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.
4. 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.

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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.

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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.

*Applicable to the City of Albany only*

Residential Occupancy Permits (ROPs) are designed to ensure that rental units are safe and that the City of Albany has up-to-date contact information for property owners in case of emergencies. ROPs are valid for two years.

An ROP is essentially a basic safety inspection. Code enforcement officers check for:

• Proper placement of smoke and carbon monoxide detectors
• Safe entry and exit routes
• Overall cleanliness, safety, and security of the unit

If your unit does not have a valid ROP, your landlord cannot legally evict you for non-payment of rent. You are protected from non-payment evictions until the unit is brought into compliance and a valid ROP is issued.

Important Note: While landlords cannot evict you for non-payment without an ROP, they can sue for “fair use and occupancy” in small claims court to recover some rent.

If your unit does not have an ROP, or you’re unsure, you should:

• Check your address on the Citizen Self Service Portal to see if an ROP is active
• Call Code Enforcement to report it

As a tenant, you have important rights that protect your safety, privacy, and access to essential services—and you also have responsibilities to help maintain a safe and respectful living environment. This guide outlines what landlords are required to provide and what’s expected from you as a tenant, so you can better navigate your rental experience.

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