Tenant association






By Outerbridge Law PC.

www.outerbridgelaw.com

 

  • What is a tenant association?

       A tenant association or TA is any group of tenants in a building or cluster of                   buildings, who come together to achieve common goals.


  • Does the TA only organize around common issues or can we also discuss issues that are singular to a tenant?

        TAs can also seek to achieve the goals of an individual tenant. However, be sure          that individual tenants’ goals do not overshadow the group goals.


  • Does every tenant in the building have to participate?

       No.


  • Is organizing a TA legal or a violation/breach of my lease?

       Yes, yes it is.  

      The right to organize is codified in Section § 230 of NYS Real Property Law            

      (“RPL”).


Section § 230 of NYS Real Property Law (RPL) states that landlords cannot 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; nor can landlords charge for the use of on-premises common space used for meeting for this purpose. The exact wording of § 230 is:

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 or a tenant under his tenancy for exercising such right.

Tenants’ groups, committees or other tenants’ organizations shall have the right to meet without being required to pay a fee in any location on the 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.


  • What are the benefits of starting a TA-while social distancing?

  1. Achieving power in numbers.

  2. Sharing the costs of legal representation/creating economic power as a group.

  3. Protecting the most vulnerable among us, the elderly, the folks who have lost their jobs, have been furloughed or laid off due to Covid-19.


  • Why should I organize a TA?

  1. One of the reasons tenants organize is to demand that the landlord cure building conditions.

  2. Another reason is to fight building-wide rent increases.

  3. Yes another reason is to challenge building-wide rent overcharges.


  • How can I go about organizing a TA?

  1. Get the word out. Email other tenants in your building.

  2. Set a first (virtual) meeting date and hold meeting.

  3. Choose a name for the TA. A simple name like “15 Broadway TA” is just fine. Note the TA does not have to be incorporated.


  • We have formed a TA.  Now what?

  1. Decide the major goals/grievances of the TA.

  2. Gather and read your individual leases.

  3. Hold a follow up meeting to shore up your goals as a group.

  4. Communicate with other members until you have a united front.

  5. Elect leadership.

  6. Decide what democratic process will be implemented.

  7. Discuss how you will decide when goals have been sufficiently achieved.

  8. Organize a list of your demands: what are some of the conditions that need fixing in your building and apartment? What change do you need implemented?

  9. Consult and engage an attorney for group representation.

  10. Develop a strategy.

  11. Watch out for conflicts! Discuss conflicts with your attorney

  12. Decide democratically what each tenant will contribute towards attorneys’ fees.  Note: retainer fees do not have to be equally divided.  

  13. Check to see if leases provide for reimbursement of legal fees.

  14. Have the TA’s attorney draft and send a demand letter;

  15. Decide what happens after the demand letter, if the landlord does not respond.

  16. Will the TA bring a group case?

  17. Will the TA members withhold rent (otherwise known as a “rent strike”)?

  18. Decide the best forum/method to bring a claim/case should negotiations not be fruitful (housing court HP action? DHCR claim? Supreme court),

  19. As much as possible, put rent money away systematically, monthly. Tenants can put money away individually or as a TA. If as a TA, open a bank account for the TA.

  20. If possible, negotiate a group rent abatement if conditions were an issue.

  21. Settle the group case.

  22. Seek payment of all or a portion of the legal fees expended, should the leases provide for recoupment of legal fees.

  23. Be reasonable!


Outerbridge Law P.C.

[email protected]

212-364-5593