Onondaga County

RESIDENTIAL TENANTS’ RIGHTS GUIDE

This information is to assist you with your landlord/tenant rights. This was not written by lawyers. It contains information of a general nature and is meant only as a guide. The actual laws are much more detailed than presented here. The Onondaga County/Syracuse Commission on Human Rights advises that you consult a lawyer regarding your specific situation.

Click on the links below for more information:

• Discrimination
• Repairs
• Security Deposits
• Heat
• Leases
• Tenant’s Organizations
• Rent Receipts
• Evictions
• Number of Occupants
• Sublets
• Public Assistance Housing
• Housing Complaints
• Privacy and Safety
• Other Pamphlets
• Raising Rent  

 

Discrimination

Landlords may not discriminate

• Because of race, creed, color, national origin, sex, disability, age, marital status (NYS Executive Law 296.5) or religion or familial status (including children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under 18) (Federal Housing Act)
• In Syracuse, based on sexual or affectional preference or orientation. (Fair Practices Law, Art. IV 5)
• Against people in alternative or non-traditional family relationships. (Braschi V. Stahl Associates Co.)
• Against tenants with children including pregnant women. (Real Property Law 236 and Federal Fair Housing Act).

Landlords may not ask questions about race, creed, color, national origin, sex, disability, age, marital status, religion or familial status and in Syracuse about sexual or affectional preference or orientation.

Landlords may make rental decisions based on

• People’s financial situation
• Someone is or has been a threat to the health and safety of others.Someone who is currently using illegal drugs (Fair Housing Act)

RENTAL SITUATIONS WHERE THE LAWS AGAINST DISCRIMINATION DO NOT APPLY

• A building which has only two rental units and the owner or a member of his/her family lives in one.
• A rooming house. It can be limited to one gender. A person renting out rooms in his/her own house or apartment. A building for older people. It can be limited to those age 55 and above. (NYS Executive Law 296.5 (a)

REASONABLE ACCOMMODATIONS A PERSON WITH DISABILITIES CAN EXPECT FROM A LANDLORD?

• Adapt rules, policies and services.Allow persons with disabilities to make reasonable physical changes in the apartment if that person will:
  Pay for the changes. Return the interior of the apartment to its original condition if this is a reasonable expectation.

Other Pamphlets

 Where Can I Read More on Tenants’ Rights?

• “Tenant’s Rights: A Handbook for Syracuse Tenants”       
• Hiscock Legal Aid Society (315) 422-8191;       
• NEHDA (315) 425-1032;       
• Urban League (315) 472-6955;       
• SUN (315) 476-7475;       
• Spanish Action League (315) 475-6153;       
• Legal Services of CNY (315) 475-3127 and other locations

• “Residential Landlord and Tenant Guide” (27 pp.) and “Mobile Home Tenants’ Handbook,” (21 pp.) NYS Attorney General (315) 448-4848, 615 Erie Blvd. West, Syracuse, NY 13202
• “Fair Housing: It’s Your Right,” U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, 1-800-669-9777
• “City of Syracuse Housing Code,” (39 pp.) (315) 448-8695, 201 E. Washington Street, 3rd Floor, Syracuse, NY 13202.

• “Residential Landlord and Tenant Guide” (27 pp.) and “Mobile Home Tenants’ Handbook,” (21 pp.)
          NYS Attorney General (315) 448-4848, 615 Erie Blvd. West, Syracuse, NY 13202
• “Fair Housing: It’s Your Right,”
          U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, 1-800-669-9777
• “City of Syracuse Housing Code,” (39 pp.)
          (315) 448-8695, 201 E. Washington Street, 3rd Floor, Syracuse, NY 13202.