Video: Tenants Rights in NYC
NYC’s tenants are entitled to several rights, which are overseen by NYC’s government. Some of the significant tenant rights include:
1- The right to have a safe, hygienic, and well-maintained building and apartment, or house with all the basic facilities made available to them by the owner.
2- The right to have privacy, which means landlords can not enter the tenant’s apartment or house without prior notice except for an emergency. The prior notice can only be approved by tenants if the landlord wants to enter the apartment for reasons such as repair or maintenance purposes or to inspect the property for future buyers or tenants.
3- The right to report to the police station if the landlord has changed the locks and has locked them out illegally. The Unlawful Eviction Law (NYC Administrative Code 26-521) protects this right of tenants.
4- The right to rent an apartment or house, regardless of the tenant’s ethnicity, gender, religion, race, sexual orientation, disability, or citizenship status (NYC Department of Housing Preservation and Development, n.d.).
Figure 1. NYC Street
Like the tenants, real property owners are also entitled to several rights. Some of these rights include:
1- The right to possess and control the property.
2- The right to obtain licenses to allow others (tenants) to use the property for financial returns.
3- The right to sell, rent, gift, or inherit property.
4- The right to develop or make changes to the property.
5- The right to use the land’s surface to discover gas, minerals, and oil, which is known as subsurface rights (NYC Bar, n.d.).
Figure 2. NYC Housing Authority (NYCHA) Office
NYC’s government authority over land and property rights
NYC’s government has multiple rights in terms of land and property. These rights include:
1- The right of eminent domain, which means the government has the authority and right to acquire private property or land to turn it into a public good such as building shelter houses, public parks, railways, and freeways. However, the government has to pay compensation to the owner.
2- The right to be acknowledged by mortgagees of a zombie property, which are properties considered abandoned or vacant if the mortgagee in consecutive three inspections finds that no occupant was living in the property. In this case, the mortgagees are required to register the property under the Department of Financial Services.
3- The right to be acknowledged by both buyers and sellers of buying or selling a property. Both are required to fill out a real property transfer form and submit it to the government, meanwhile, sellers are also obliged to pay property transfer tax to the government.
4- The Office of Real Property Tax Service (ORPTS) is in charge of the local assessment administration. This division is in charge of handling the fairness of property assessment. They are responsible for measuring market value in each city and town, developing values of taxable state-owned land, and providing state aid to towns and cities (New York State, 2021).
Video: NYC Rental increase after Covid-19
One of the principal reasons behind the middle and lower class’s inability to rent or own property in NYC is the high housing demand that is driven by the local and global elites and billionaires. They are excessively investing in the real estate market for high returns, which is leading to high demand and low supply of housing, ultimately making it difficult for the middle and lower classes to buy or even rent houses (Krier 2015). This can be attributed to capitalism through which the housing market has been set free to the capitalist class, who are primarily interested in profits, making it difficult for ordinary New Yorkers to acquire the right to housing and shelter.
Video: "Poor Door" NYC
Although there was an initiative taken by the NYC government, particularly by Mayor Michael Bloomberg, to make housing affordable for ordinary New Yorkers, which is known as Inclusionary Housing Program (IHP). However, the housing developers adopted stealthy strategies to exclude and segregate the ordinary or middle-class from the apartments’ wealthy residents. The program allowed developers to build larger or taller housing projects with the condition that a particular number of housing units would be allocated to lower-income New Yorkers, which means they could rent houses for less than the market value. Also, under the Program NYC’s government offered subsidies to developers of almost tens of millions of dollars, along with a significant amount of property tax abatement. On the contrary, to maintain the status quo the developers built separate entrances for the lower-income residents. In addition, lower-income residents were denied access to gyms, swimming pools, and other recreational activities even though the ordinary and the wealthy were charged the same amount for the apartment amenities. This exclusion is termed the “poor door” and is claimed to be a neo-segregationist policy. Furthermore, tenants of 15 Hudson Yards filed a lawsuit against the “poor door” and the discriminatory policies by the building’s management (Brenzel, 2022). They claimed that the Black and Hispanic residents were treated differently than other white and affluent residents. However, it was dismissed by New York’s federal judge who ruled that there was a lack of evidence provided by the plaintiffs.
The housing rights deprivation has led New Yorkers to fight for their rights to housing and shelter in several ways. Firstly, they are raising slogans such as “Don't Let Rich People Own Apartments They Don't Live In” (Krier 2015), which is directed toward the elite class investing in real estate. New Yorkers are demanding that owning a property that the owner does not occupy themselves for at least six months a year should be illegalized. However, they state that if this is not possible in the American capitalist system then these capitalist classes should be obliged to pay 20 percent tax annually according to the market value of their property. They believe that these strategies will not only decline housing prices but also will assist the government to improve NYC’s housing and shelter services through the taxes collected from the elites.
Several social movements mobilize to resolve the housing crisis and to make housing developments and projects inclusive for low-income New Yorkers and non-whites such as African Americans, Latinos, Hispanics, Chinese, and other minority groups. Movement for Justice in El Barrio (MJB) is one of the active social movements mobilizing for housing rights in Manhattan. MJB utilizes multiple strategies to achieve its goals. Firstly, they often organize public gatherings or protests around the NYC boroughs to demand the termination of government-corporate agreements regarding housing projects and to influence the government to take immediate action against uncontrolled housing prices. Secondly, they communicate and share information with other local and transnational housing rights social movements, which assist MJB to advance its grievances. The local and transnational urban movements support them financially, exchange information with MJB regarding the strategies and tactics that can be utilized for future actions and raise their voices for MJB in their localities and regions in order to provide them with local and international media attention.
References:
Aredondo, J. (2016). Participatory Democracy Drives Anti-Gentrification Movement in New York’s El Barrio [Photograph]. Truthout. https://truthout.org/articles/participatory-democracy-drives-anti-gentrification-movement-in-new-york-s-el-barrio/
Alvarez, E. M. (2020). Empty NYC hotels should be used to house the homeless: advocates [Photograph]. Curbed New York. https://ny.curbed.com/2020/4/8/21212054/coronavirus-nyc-homeless-shelters-vacant-hotel-rooms
Best Neighborhood. (n.d.). Race, Diversity, and Ethnicity in New York, NY. https://bestneighborhood.org/race-in-new-york-ny/
Brenzel, K. (2022). Judge rejects “poor door” lawsuit at Related’s 15 Hudson Yards. The Real Deal. https://therealdeal.com/2022/08/10/judge-rejects-poor-door-lawsuit-at-relateds-15-hudson-yards/#:~:text=Judge%20 Valerie%20 Caproni%20 ruled%20that,of%20Black%20and%20Hispanic%20residents
CNBC Make It. (2020, August 22). Why Rent In NYC Is Out Of Control Right Now [Video]. YouTube. https://www.youtube.com/watch?v=c7tgsUv3UlU
Department of Financial Services. (n.d.). Vacant and Abandoned Properties: What You Need to Know. https://www.dfs.ny.gov/consumers/help_for_homeowners/vacant_property
Krier, J. E. (2015). Of property rights and rights to property. Ohio Northern University law review, 41(3), 589-600. https://heinonline.org/HOL/Page?lname=&public=false&collection=journals&handle=hein.journals/onulr41&men_hide=false&men_tab=toc&kind=&page=589
McFarlane, A. G. (2019). The Properties of Integration: Mixed-Income Housing as Discrimination Management. U.C.L.A. Law Review. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/uclalr66§ion=33
Maeckelbergh, M. (2012). Mobilizing to Stay Put: Housing Struggles in New York City. International Journal of Urban and Regional Research, 36(4), 655-673. https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1468-2427.2012.01120.x
McLoughlin, O’Hara, Wagner and Kendall Law (2019). Can the Government Take My New York Property Through Eminent Domain https://mowklaw.com/2019/11/26/can-the-government-take-my-new-york-property-through-eminent-domain/#:~:text=It's%20the%20government's%20right%20to,public%20use%20is%20defined%20broadly
New York City Bar. (n.d.). Ownership Rights in Real Property. https://www.nycbar.org/get-legal-help/article/real-property-law/ownership-rights-in-real-propert
New York City Department of Housing Preservation and Development. (n.d.). Tenants' Rights and Responsibilities. https://www1.nyc.gov/site/hpd/services-and-information/tenants-rights-and-responsibilities.page
Unreported World. (2021, June 7). New York's Homeless Epidemic | Unreported World [Video]. YouTube. https://www.youtube.com/watch?v=i06ag1MwTLc