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Change in law

Started by SaraVB
over 6 years ago
Posts: 0
Member since: Apr 2019
Discussion about
Hi everyone! My name is Victoria and I am an international student planing to move to NYC next month. I got a call today from my broker in which she told me there was a change in law which prohibited landlords from accepting more than 1-month in advance. Has anyone heard of this? I have been trying to look for a news/article about this but haven had any luck. When I first started working with my broker she told me that as an international the easiest way to find a rental and give the landlord confidence would be paying a years rent upfront. But if this new law is effective now, this would not be allowed anymore. I would really appreciate any help you can give me! Thanks!
Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007

One way is to provide a local US citizen guarantor with adequate income.

Very interested in finding out other work arounds for the landlords to accept more than 1 month security deposit or advanced rent.

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Response by itesfai
over 6 years ago
Posts: 77
Member since: Nov 2012

300, do you see schools getting involved here in the future? SaraVB, try finding a landlord that will take you with Insurent as your guarantor in case you don't have someone here you can use. it will cost extra but see if thats an option you can use.

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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007

Not sure whether schools will start to guarantee unless they collect the rent in advance and then guarantee. The same could be true about renter's attorney putting the money in escrow and guaranteeing the payment of rent.

Any other workaround you have heard which will allow landlords to collect more than 1 month rent or security deposit?
Could it be called a "pet or facility fee" of 1 month and last month rent is adjusted against it. Or volunteer payment by the renter rather than a requirement from the landlord?

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Response by 30yrs_RE_20_in_REO
over 6 years ago
Posts: 9877
Member since: Mar 2009

"Reining in security deposits, background and credit check fees

Under this plan, market-rate tenants would be required to put down no more than one-month’s rent as security deposit, the same rule that currently applies to rent-regulated tenants. A City Council bill introduced this year seeks to make the same requirement.

The new provisions would also limit the amount that landlords can charge prospective tenants for background and credit checks to no more than the actual cost of the background check or credit check, or $20 at most."

https://gothamist.com/2019/06/14/rent_deal_nyc_tenants_laws.php

The way around it is to pay a fee to third party guarantors like Insurent.

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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007

Any other workaround you have heard of? I am guessing third party guarantors are pretty expensive.

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Response by UptownSpecialist
over 6 years ago
Posts: 139
Member since: May 2013

I expect there will be a rise of attorney escrow accounts for rental tenants. Also there seems to be a rapid rise in the number of third party guarantor company's. The latest issue of The Real Deal has a few new/newish company's.

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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007

I agree with attorney escrow account. That is the cheapest.

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Response by 30yrs_RE_20_in_REO
over 6 years ago
Posts: 9877
Member since: Mar 2009

So you think a lot of tenants have attorneys that they give enough business to that they would hold their rent in escrow and deal with making the payments (because I can't imagine that asking for rent in the landlord's attorney's escrow wouldn't be deemed the same thing as a deposit required by the landlord)? And what would you do on renewals? It doesn't matter if it's proposed by the tenant it's just not allowed (at least that's the way it's always been with Rent Stabilised and this has been described as mirroring that).

I would also be wary of trying "creative solutions" because a lot of violations of these types of things has resulted in treble damages awards in the past, plus historically the surest way to lose a professional license (Real Estate, Law, etc) is to screw around with escrowed funds.

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Response by UptownSpecialist
over 6 years ago
Posts: 139
Member since: May 2013

No, not many tenants will have attorney's but there might be an opportunity for this business to rise as an alternative. There is a lot of room for grey blurred lines from what I have been hearing. As to what is allowed- this is proposed for market rate rentals as an alternative for larger security deposits- not rent stablized apartments. Build regulation, the market will find ways- legal ways, to work around it. I am not saying I agree-as the law of unintended consequences can rear it's ugly head, but we will see.

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Response by 30yrs_RE_20_in_REO
over 6 years ago
Posts: 9877
Member since: Mar 2009

The problem is this didn't really make things better for renters. Before say that had to leave a 3 month security deposit with the landlord. Now, the have to leave a one month deposit with the landlord, a three month deposit with Insurent and pay a one month fee to Insurent.

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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007

Renter’s attorney will hold escrowed funds for a fee and offer a guarantee limited to escrow funds. Landlord’s attorney will likely be a violation.

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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007

Agree with the law making things worse for foreign renters potentially young people moving to NYC without job history.

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Response by stache
over 6 years ago
Posts: 1298
Member since: Jun 2017

They'll have to move in with established roommates and pay the year to them in advance.

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Response by front_porch
over 6 years ago
Posts: 5316
Member since: Mar 2008

Going beyond the theory, does anyone have an attorney who will pay rent out of escrowed funds? I work regularly with half-a-dozen real estate attorneys, and I've never gotten one of them to agree to do it.

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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007

For a charge - say $2000 for the duration of the lease - they may.

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Response by Anton
over 6 years ago
Posts: 507
Member since: May 2019

This is a doomed system, laws are created by retards 300 years in a row and getting dumber and dumber

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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007

So it seems like there are companies Insurent and Guarantor, who would do it for a fee of one month rent or less. Unfortunately, additional cost to the renter.

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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007

High cost rentals of say 10k probably will use renter’s attorney escrow.

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Response by George
over 6 years ago
Posts: 1327
Member since: Jul 2017

Just use a service like Jetty (jetty.com). It's quick and easy and not necessarily more expensive than escrow accounts.

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