Today there is danger in renting an apartment whether in New York City or in New York State.
No one today should sign a lease and move in without educating him/herself as to the history of the apartment in New York.
If one was to purchase a house before such purchase there is a comprehensive search. It is time that such search be made when you rent an apartment in New York.
Your search should begin at the Buildings Department. Here you want to find out the following:
(a) You want to examine the certificate of occupancy which will inform you as to whether you are renting a legal or illegal apartment. This information is important to you for many reasons but it also signals the character of your landlord.
(b) You want to know if there are violations against the building but more importantly against your particular apartment.
Your next stop should be the Department of Housing Development and Preservation in New York.
(a) Here you want to know if there is on file a registered agent for your building and who he/she is.
b) You also want to see information as to violations against your building and against your apartment. If you are renting this apartment in the summertime you want to pay attention to heat and hot water violation history to judge how the landlord will deliver this essential service in the coming winter.
Your next search should take place at the New York State Division of Housing and Community Renewal. Here you want to find out whether you are moving in to a regulated or deregulated apartment or one that was never regulated.
Here you also want to learn the following:
(a) Has the landlord properly registered the apartment in the past years.
(b) Are there any existing rent reduction orders against the building on your apartment and whether or not you will continue as a beneficiary of such rent reduction orders.
(c) Have there been any orders issued by the Bureau of Enforcement against your landlord.
Similar searches can also be carried out at:
The Fire Department
The Department of Health
The Department of Environmental Protection
If it is a small unit building it might also be wise to visit in the City the registrar's office where you can see the deeds mortgages, notice of pendency’s — which may show this landlord to be in litigation. In this respect a search of the County Clerk's office is also suggested.
Also when you examine the apartment and see mold or mildew you may want a laboratory analysis to see if there is a problem in terms of toxicity.
Robert A. Katz
Counsel to Queens League of United Tenants

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