New York Attorney General Letitia James published new guidance for law enforcement regarding tenants’ right to organize in the properties where they live...
On 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 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 § 230provides: “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.”
Attorney General’s Memo Regarding Enforcement
In her recent memo to law enforcement agencies, Attorney General Jamesprovided 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:
Landlords are prohibited from interfering with the right of a tenant to form, join, or participate in the lawful activities of any organization formed to protect the rights of tenants.
Landlords must not harass, punish, or penalize any tenant for exercising the right to organize.
Law enforcement, when encountering a meeting of tenants and organizers in a building, may not disperse the meeting unless it violates narrow prohibitions outlined in the law, such as when the activities are not peaceful.
Tenants are permitted to reach out to other tenants and widely distribute information concerning organizing activities.
Non-tenants, such as organizers and attorneys, are allowed to conduct tenant organizing activities on private property at the request of a tenant residing at that property.
Such tenant organizers are also permitted to ask tenants for contact information to address issues in the building which may relate to such issues as repairs or the landlord’s rent setting policies.
Tenant meetings in common areas of a building or property are permitted by law. Items necessary for the meeting such as a table and chairs may be placed in common areas for the meeting.
Law enforcement should not make determinations concerning whether a meeting is a fire hazard or other determinations outside their expertise.
Landlords who use force or otherwise attempt to disperse lawful tenant meetings may violate penal laws such as Disorderly Conduct, Menacing, Aggravated Harassment, or Assault. Law enforcement should use their discretion in enforcing these, and other appropriate penal laws to preserve the peace when tenants are exercising their rights under the Real Property Law.
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.
Key Takeaway
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 questions, please contact us
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.
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?
Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Why Every Business Should Conduct an Annual Insurance Coverage Review
Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)
Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
