Frequently Asked Questions

In New York State, it is illegal for landlords to refuse to rent to domestic violence victims or to refuse their federally subsidized housing vouchers. New York State law protects victims of domestic violence from discrimination when they attempt to rent or lease housing. It also provides victims with a defense in eviction proceedings and a private right of action. In NY State, victims of domestic violence are a protected class, and can file a complaint thru the New York State Division of Human Rights

View our Tenant Resources webpage filled with free, comprehensive publications that cover everything from fair housing violations, pets, repairs, guests, leases, and more. Find the most recent changes in NY State rent law in this publication from the Office of the NY State Attorney General. You may also want to register for our free Tenant class, Keys to Renting, that addresses many of these issues. Visit our calendar page for times and registration.

Landlords are required to provide notice to tenants if they intend to raise rent more than five percent or if they do not intend to renew the lease. The landlord must provide such notice at least:

30 days in advance of renewal if a tenant has lived in the apartment less than one year and has less than a 12-month lease

60 days in advance for a tenant who has lived in the apartment for one to two years or for a tenant with a lease term of between one and two years

90 days for a tenant who has lived in the apartment for more than two years or for a tenant with a lease term of at least two years

NY State Warranty of Habitability Law requires landlords to make all repairs necessary to keep rental units free of health and safety hazards.

If you live in an apartment that needs repairs, we suggest taking the following steps:

—Always put requests for repairs in writing to the landlord. Sign and date the letter and make a photocopy for your records.

—If the landlord does not make the repairs that are requested in what would be considered to be a reasonable amount of time, you have a right to call a building inspector.

For property located in the City of Rochester, call 311 and ask for the phone number for the Neighborhood Service Center (NSC) closest to your address. For properties outside of the City, call your town code enforcement department. Check the phone book for the phone number.

There is no formal rent withholding law in NY State. Please refer to LAW NY ’s website for further instructions on rent withholding.

A landlord must return the security deposit to the tenant at the end of the lease or within 14 days along with itemized deductions and backup invoices for repairs. If a security deposit is not received within that timeframe, the landlord may be sued in small claims court.

There are two types of eviction in NYS: nonpayment and holdover. If a tenant is behind on rent, a nonpayment proceeding would need to be filed. A holdover eviction is when a tenant has been given proper notice to move out and does not leave by the given date. Refer to LAW NY’s website for more information on eviction.

Contact 211 to find out more about current rental assistance programs.

Reach out to the Tenant Defense Project (585) 504-6195, from 9am to 5pm, Mon-Fri or visit www.TenantDefense.org

The Tenant Defense Project provides tenants free access to full legal representation in eviction cases in the Greater Rochester area. Call them at (585) 504-6195, from 9am to 5pm, Mon-Fri or visit www.TenantDefense.org

There are special protections in NY State in the event the landlord is faced with foreclosure of the rental property in which you live. Rent is required to be paid to the landlord as long as he/she still owns the property. If the house forecloses, rent will be required to be paid to the new owner.

In 2009, Congress passed the Protecting Tenants at Foreclosure Act (PTFA). This legislation requires that leases remain in place in the event of a foreclosure. The tenant can remain in the living unit at least until the end of the lease, and month-to-month tenants are entitled to 90 days’ notice before having to move out. PTFA provides an exception for a buyer who intends to live in the property. A buyer who intends to occupy the property may terminate any existing lease with 90 days’ notice. Importantly, this federal law cannot overrule any state legislation that is more generous to tenants. These protections apply to private market rentals, including Section 8 tenants.

Tenants have the right to have guests in their apartment without the landlord’s consent. This includes overnight guests. A guest can stay in an apartment for up to 30 days before a landlord can consider that the person has moved in permanently. After 30 days, a guest is considered an occupant, and the landlord has the right to know the name of that person.

The New York State Human Rights Law requires housing providers to make reasonable accommodations or modifications to a building or living space to meet the needs of people with disabilities. A sample Notice for Requesting Reasonable Accommodation is available our Landlord Resources page which includes descriptions and instructions on how to file a complaint.

Please refer to the HUD website on Assistance Animals.

Support animals differ from service animals. A service animal is trained to perform tasks while a support animal is not trained. These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias. A tenant may request a reasonable accommodation if they need a support animal. Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for an assistance animal. The housing provider cannot ask for detailed documentation about the disability.

The Housing Choice Voucher Program is the federal government's program for assisting very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. Housing assistance is provided on behalf of the family or individual, and participants are able to find their own housing, including single-family homes, townhouses and apartments. The participant is free to choose any housing that meets the requirements of the program and is not limited to units located in subsidized housing projects.

In Monroe County, the Housing Choice Voucher Program is administered by The Rochester Housing Authority (RHA).

Contact them by phone: (585)697-7180 for Applicant/Application Inquiries or (585)235-0447 for General Inquiries or visit their website.

Voucher recipients should contact their RHA-assigned Housing Specialist with questions about their specific case. Our staff cannot provide case specific information as The Housing Council is a separate organization from RHA.

Housing providers can contact our Housing Hotline, (585)546-3700, for general information about the program. Visit our Landlord Resources page for additional resources, forms, etc.

Our Operating Rental Property class is a great way for you to learn about standard business practices, how to screen potential tenants, bookkeeping tips and other resources. Visit our Class Calendar for upcoming dates. You can also find a variety of free forms and information on our Landlord Resources page.

Be sure to visit our Landlord Resources page for helpful information and forms, including a sample Notice of Rent Demand. To make sure you’re in full compliance with the law, we recommend consulting an attorney. You may also want to review the 2019 NY State rent law in this publication from the Office of the NY State Attorney General, which, while written for tenants, provides an overview of information regarding current eviction laws.

NY State is a judicial state and all mortgages in foreclosure have to go through the court process. The foreclosure process in New York currently takes about 445 days (15 months) from the date of the first missed payment to the sale of the home. If you are in foreclosure, there may still be time to avoid losing your home. Call (585)546-3700 between 9AM and 4PM or contact us to schedule an appointment to review your options. All foreclosure prevention services through The Housing Council are free and confidential.

If you are having difficulty making your mortgage payments, please call our office to schedule an appointment to meet with a certified Foreclosure Prevention Counselor. Appointments can be done over the phone or in person by appointment. These services are free and confidential. Call (585)546-3700 or contact us.

Forbearance is when your mortgage servicer or lender allows you to temporarily pay your mortgage at a lower payment or pause paying your mortgage. You will have to pay the payment reduction or the paused payments back later. Forbearance can help you deal with a hardship, such as, if your home was damaged in a flood, you had an illness or injury that increased your healthcare costs, or you lost your job. Forbearance does not erase the amount you owe on your mortgage - you will have to repay any missed or reduced payments. Contact us now, if your forbearance is ending or if you need further information, at (585)546-3700.

Payments missed during a forbearance are still owed and you will have to pay them back. When a forbearance period ends, you will have to work with your loan servicer to arrange for repayment of the missed payments. If you were already behind on your loan payments before the pandemic or you cannot afford to resume regular payments at the end of the forbearance period, you may be eligible for a loan modification to bring the account current and lower your payments Call us at (585)546-3700 as soon as possible for a free confidential appointment to discuss your options. Our HUD Certified Counselors will make sure you know all your options and are set up for long term success.

Several avenues exist to potentially halt or postpone foreclosure proceedings, including loan modification, refinancing, repayment plans, or bankruptcy filing. Options differ based on multiple factors. For the most accurate assessment of your options, contact The Housing Council at (585) 546-3700 to consult with a HUD-certified housing counselor promptly or fill out the Intake Form

Homeowners have certain rights during the foreclosure process, including the right to contest the foreclosure in court, the right to receive notice of the foreclosure proceedings, and the right to potentially redeem the property before it is sold.

The last step in the foreclosure is the involuntary sale of the home. Once the home is auctioned off, the proceeds will go towards paying off the outstanding mortgage debt. If the sale proceeds are insufficient to cover the debt, the lender may seek a deficiency judgment against the borrower for the remaining balance. If there are surplus monies the homeowner has a right to claim those funds.

Homeowners can remain in their homes until the foreclosure process is completed and the property is sold at auction. However, it's essential to understand your rights and options for staying in the home during foreclosure proceedings.

Call The Housing Council at (585) 546-3700 for a free and confidential appointment to discuss your situation. Our HUD-certified housing counselors will explore your range of options and help you find the best path forward. You can also get started immediately by filling out and submitting the Intake From found on our Foreclosure Prevention Page

The Rochester area has a patchwork of grants and assistance available. You can view a list with information and contacts on our Homeowner Repair page. We recommend that you review the list and contact the funders most appropriate to you, to discuss eligibility and availability.

We provide monthly Homebuyer Education Classes — everything you need to know about the home purchase process. Visit our Calendar page to see upcoming dates or find out more about the full program on our Homebuyer Services page. After completing Homebuyer Education, you could submit an intake packet to meet individually with a Housing Counselor to access your mortgage readiness and review your down payment options including grants. You and your counselor will make an Action Plan outlining your goals, budget, affordability, and resources. This plan will help you understand your next steps and provide guidance on how to strengthen your home buying process.

Anyone who has not owned a property in the last 3 years qualifies for first-time homebuyer services.

There are no income limits to receive education and counseling services from The Housing Council. The grant programs offered to homebuyers do have varying income qualifications. Our HUD-certified counselors can guide you through what grants are available to your specific situation, and help you pair them with an affordable mortgage product. Visit our Homebuyer Services page to learn more.

Down payment and assistance programs for first-time homebuyers can be very helpful, however, programs and eligibility (income, credit, location, etc.) vary. Grant programs may fill up quickly, so they are not always available. Some have requirements that may not fit your specific situation. Our HUD-certified counselors can guide you through what available grants you may qualify for, and help you pair them with an affordable mortgage product. Visit our First-Time Homebuyer page to learn more.

Visit our Pre-purchase Education and Counseling page to view the steps in our program.

Your home will probably be the largest purchase you ever make, and could last a lifetime. Everyone considering buying a home should be armed with information about the proper way to prepare for homeownership, how to navigate the process, and how to ensure success for years to come. Our homebuying class is so valuable, all grant programs require it, and many lenders do, too. To get started visit our Pre-purchase Education and Counseling page.

The Housing Council serves buyers looking to buy in Monroe County. However, our PathStone affiliate offices may be able to assist you if you’re buying in one of these outlying counties, where grants and mortgage products may differ. The HUD-certified housing counselors in these offices are highly qualified and knowledgeable about grants that you may apply for in these communities:

Wayne and Ontario Counties: PathStone Homebuyer Program in Canandaigua, Call (585)546-3700 x3007

Genesee, Orleans, Wyoming Counties: PathStone Homebuyer Program in Batavia, Call (585)343-2188

Absolutely! Through our partnership with eHome America you can take an online course at your own pace, available 24/7. While this course covers all the steps of homeownership, it DOES NOT meet the requirements for the Monroe County First Time Home Buyer Grant Programs, so if you’re unsure if you’re eligible for a grant, call us first. You may be eligible for a discount - call us at 546-3700 to learn more. Access eHome America.

The heating season is September 15–May 31, and your unit needs to reach 68 degrees in all habitable rooms. If your temperature is not 68 degrees during the time period, contact your local Neighborhood Service Center (NSC) by calling 311. Outside of the City of Rochester, contact the local code enforcement.

If you believe you have a mold issue, please review this document from the Rochester Healthy Home Partnership. You can also reach out to your local health department and building or code enforcement office. Additional resources are linked at the end of the document.

You can file a complaint with the NY State Attorney General’s office. Read more about it on their website.