
Bruce Feffer
Partner
212-784-6904 bfeffer@sh-law.comPartner
212-784-6904 bfeffer@sh-law.comOn April 25, 2022, New York Attorney General Letitia James published new guidance for law enforcement regarding tenants’ right to organize in the properties where they live. While the guidance is directed to police, both tenants and landlords should also understand the rights afforded to tenants under New York Real Property Law § 230.
New York’s Real Property Law § 230 creates certain protections for tenants that seek to organize. It states that landlords can’t interfere with the right of a tenant to form, join or participate in the lawful activities of a group or organization formed to protect the rights of tenants. Additionally, landlords can’t charge for the use of on-premises common space used for meeting for this purpose.
Section 1 of Real Property Law § 230 provides: “No landlord shall interfere with the right of a tenant to form, join or participate in the lawful activities of any group, committee or other organization formed to protect the rights of tenants; nor shall any landlord harass, punish, penalize, diminish, or withhold any right, benefit or privilege of a tenant under his tenancy for exercising such right.”
Under Real Property Law § 230(2), New York tenants have a right to: “[M]eet without being required to pay a fee in any location on the landlord’s premises including a community or social room where use is normally subject to a fee which is devoted to the common use of all tenants in a peaceful manner, at reasonable hours and without obstructing access to the premises or facilities. No landlord shall deny such right.”
In her recent memo to law enforcement agencies, Attorney General James provided guidance about responding to landlords, superintendents, or other individuals that make complaints about tenants or their invited guests organizing or meeting within a building or its common grounds. She also warned law enforcement to be cautious to avoid unintentionally being used by landlords to violate the rights of tenants to organize and meet. Attorney General James specifically provided the following reminders regarding tenant organizing:
Of course, these rights do not permit violence, harassment, vandalism or other illegal activity on the premises by any meeting organizers or participants. If criminal behavior is suspected or observed, Landlords or building employees may request police intervention.
Landlords and tenants should have a thorough understanding of Real Property Law § 230. Like law enforcement, landlords should also be mindful of when responding to tenant meetings and organizing activities, as an unlawful response could lead to liability.
If you have any questions or if you would like to discuss the matter further, please contact me, Bruce Feffer, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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