How do I get an apartment when I don't yet have a job?    [top]

Your dilemma is a common one: how to start in New York when landlords want tenants already established. There are two alternatives. If you can find a job while still outside the city, then some landlords will accept an employer's letter confirming your position and salary. That you would have a roommate who could do the same would improve your chances. But understanding that you have to be here to find a job, there appears but one solution: find an apartment share. Most people new to New York start out with a share. Opportunities are abundant, financial requirements are low, if they exist at all, initial cost are very low (usually just first month and one month security). Most roommate situations are month to month, meaning that one you are here, have a job and a bank account with something in it, then you can find a place of your own. One thing you may have overlooked: finding a reasonably priced place in the city takes time, a lot of time. You really have to be in New York already to look at apartments as they come on the market. A share gives you that time.

It's not unusual for management companies to wear two hats, that of managing agent of the property and that of broker. Managing companies frequently augment their management fees, which tend to be modest, with broker commissions. In fact, management companies expect and depend on this income and view it as part of their compensation package. Fees are charges to the tenant if the apartment is leased and to the owner if the apartment is sold. As long as the management company is properly licensed as a broker by the New York Secretary of State, the arrangement is entirely legal.

Prior to 1978, little was known about the potential hazards of lead-based paint. In the early 1970s, research began to show that exposure to lead was a major health hazard. Peeling, chipping, chalking, or cracking lead-based paint can be especially dangerous. If inhaled or ingested, lead paint chips can cause damage to the brain and nervous system, difficulties during pregnancy, or high blood pressure. The element is even more dangerous to children than to adults because babies and young children often put their hands and other objects in their mouths. Lead paint can also cause learning disabilities and growth retardation in young children.

From 1978 on, when lead paint was banned from housing, legislation has been developed to protect consumers from lead-paint-related health problems. If you're planning on buying or renting property that was constructed before 1978, you should know that the Residential Lead-Based Paint Hazard Reduction Act of 1992 requires sellers, landlords and agents to warn homebuyers and tenants of lead-based paint and lead-based paint hazards in pre-1978 housing.

In 1996, the Department of Housing and Urban Development ("HUD") and the Environmental Protection Agency published the Lead-based paint disclosure regulations implementing the Act. Part of the information you are entitled to includes an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards. The landlord or seller must disclose any records and reports on lead-based paint which are available, an attachment to the contract or lease which includes a Lead Warning Statement and confirms that the seller or landlord has complied with all notification requirements.

There are also a number of things you can do yourself to ensure to temporarily reduce lead hazards in your home. Repairing damaged painted surfaces can reduce the possibility of free-floating paint chips. Planting grass to cover soil with high lead levels is also helpful. Nevertheless,

Several government agencies have created special divisions devoted exclusively to lead paint issues. Log on to HUD's website (www.hud.gov/lea/leahome.html), where you can learn about ways to protect your home. The Environmental Protection Agency provides similar information on its website (www.epa.gov/lead), including a link to the National Lead Information Clearinghouse (1-800-424-LEAD). The Lead Listing, which is the National Lead Service Providers listing system (www.leadlisting.org), provides contact listings for lead abatement contractors if you are interested in permanent lead removal.

Mark, surprisingly, for a landlord with below market apartments, finding a sincere and reliable tenant can be a troublesome task. The promise of low rent, usually because the apartment is subject to rent-stabilization, attracts skepticism among many tenants hardened to the task of finding a safe and comfortable place to live in the city. The people who actually apply for these apartments, therefore, tend to have marginal credit or, more often the case, marginal income.

Here is a recent experience of a landlord with a studio apartment in a high rise, attended building, just off Central Park West, who wanted to find a sublease tenant for two years. His requirements were simple, someone to take care of the apartment, with its bright sunlight and open views of the park, and to pay on time the rent-stabilized rent of under $500 per month! The landlord treasured his home and wanted to sublease the right way for the two years he was out of the City.

An advertisement was placed in the New York Times, stating the legal (rent-stabilized) rent and scheduling a one-hour open house. The open house attracted more than 200 viewers and more than 50 applications! Remarkably, not one of the applicants had sufficient income to qualify as a proper tenant. Many were students newly arrived to the City without jobs.

Amazed and disappointed, the landlord ran the same ad the following week. Another huge open house was held, another large number of applications from home seekers was received. Again the applications were universally disappointing. The landlord now realized that renting a below market apartment in New York is plain hard work!

For the third week, the landlord tried something new. He ran another ad for the apartment in the Times, but this time he overstated the rent. Instead of listing the low rent, he exaggerated it by $300 per month. (His hope was not to overcharge for the apartment, but to attract a better tenant.) After the third open house, it was clear that his plan had worked. More than 100 viewers appeared and 15 applications were received. Most of the applicants could afford the rent, even at its overstated level. The landlord chose one tenant and, after reviewing his credit report and evidence of income, informed the tenant that the rent was actually far less than advertised. Expecting a prime studio at a rent of close to $800, the tenant received a lease for the apartment with the rent at less than $500 per month! This was for an apartment in an elevator building with a separate kitchen, a separate dressing room, closets galore and views of Central Park.

This account shows the dilemma facing landlords with bargain apartments who try to do the right thing. The solution, it would appear, is not to charge an illegal rent, not to demand key money, not to relent to the barrage of brokers who pray for such listings, but to omit mention of the rent in advertisement and to hold several open houses. Good tenants deserving of below market apartments are out there, but they are often as difficult to find as people prepared to pay over market rent.

The unfortunate truth is that, unless your building is rent-stabilized or rent-controlled, your landlord can raise your rent at the end of your lease as much as he or she wants.

Recognizing that one person’s noise may be another person’s music, legal remedies to stop noisy or annoying neighbors are difficult to enact. As a renter or owner, you are entitled to a reasonably peaceable and quiet living space. While you have a legal right to complain to your landlord if you feel your peaceable living environment is being unduly disturbed, it is always recommended that you try to communicate directly with the problem neighbor. Some differences can be resolved rather quickly through this method, especially if the neighbor was not aware that they were creating a disturbance.

In the event you decide to pursue a legal route, begin by reviewing your lease terms and conditions regarding excessive noise. Under the terms of most standard leases, the landlord is responsible for providing a peaceful environment, and should therefore take an active stance in protecting your rights. In the event where a noisy neighbor is being uncooperative, the landlord should go to the extent of taking legal action. A legal letter to the noisy tenant on behalf of the landlord, reminding the tenant of his/her responsibilities to the lease, is often quite effective.

You may want to obtain a copy of your local noise ordinance at city hall or a public library. If you are sending a letter to your neighbor, be sure to include a copy of your local noise ordinance. When problems persist, you might consider taking advantage of the impartial mediation services offered in most urban areas.

If you’ve taken all the above actions and the problem is still not resolved, you might consider taking legal action yourself. Be forewarned, however, that suing your neighbor for nuisance or even obtaining a court order against your neighbor to cut back on the noise, can be costly. Getting a court order passed will require police reports, witnesses, and testimonies.

Most cases against alleged noisy neighbors are dismissed very quickly in big cities because courts recognize the rights of tenants to make a reasonable amount of noise. The amount of noise tolerated usually varies according to the character of the neighborhood. Since circumstances vary from case to case, your best bet is often simply to try friendly communication with your neighbor.

Formerly known as New Amsterdam after Dutch settlements of the 1600s, New York City has some structures that were built even before the Revolutionary War. However, the era of World War II remains the definitive epoch by which the distinct periods of real estate history are separated, according to industry standards.

PREWAR BUILDINGS: PROS AND CONS Prewar apartments are known for their charm, which is expressed mainly through architectural detail. They tend to have higher ceilings, larger rooms, detailed moldings and fixtures, cozy fireplaces, parquet floors, and separate rooms for servant's quarters, dining rooms, and pantries.

But charm doesn't come cheap. Since top-end prewar buildings are in limited supply, they tend to command significantly higher prices. Also, aging appliances, water stains, old plumbing and wiring, and low water pressure tend to come with the territory. Keep your eyes peeled for potential money pits.

POSTWAR BUILDINGS: PROS AND CONS

Most postwar apartments come fully loaded with amenities. Features such as new appliances, gyms, party rooms, pools, housekeeping and valet service, and sunroofs are postwar signatures. Apartments in postwar buildings tend to vary more in size, structural flexibility (convert that dining alcove into a second bedroom, perhaps?), and layout than those in prewar buildings. But while postwar buildings are stocked with modern conveniences, they lack the charm and detailing that characterizes prewar buildings.

Either choice - prewar or postwar - is a fine choice. In fact, some of the more recent developments have been built to resemble prewar structures, featuring as they do intricate details and an overall feeling of elegance, catering to those who desire the best of both worlds.

Many lofts in New York are former commercial buildings that have been converted into residential space. Because most lofts were not originally designed as residential space, the buildings in which they are found rarely have doormen or concierges (despite what you may have seen on "Friends" or any other TV show). As large, open spaces that usually spread over a minimum of 1000 square feet, lofts are most prominent in the downtown area, particularly in Soho. They often feature high ceilings and/or columns in a wide variety of architectural styles.

There are some restrictions that may apply to those wishing to live and/or work in lofts in New York. Certain loft spaces have been set aside by the city as lower-cost housing for people making a living as artists. Prospective buyers for these apartments must be certified by the city as AIR (Artists-in-Residence). Also, some co-op buildings with loft spaces may not permit businesses, because of the safety concerns raised by high traffic of non-residents in and out of the building.

The best areas to find these lofts in Manhattan are the Village, Meat Packing District, Soho, Tribeca, Nolita, Noho and the Flatiron District. Chelsea and the Garment District are the newest up-and-coming locations with developments and conversions featuring such apartments. Once you've nailed down the areas you'd like to look in, get your finances in order. Determine how much of a down payment you'd be able to afford, and get prequalified by a mortgage broker.

Living and working in the same space also present a number of complications when tax time rolls around. Be sure to verify with your accountant the deductibility of expenses. If you do plan to deduct mortgage payments based on your use of the space for your business, be sure to define very clearly the physical area in which you plan to work, and if possible, maintain that space separately from your living space.

The demand for short-term housing in New York has grown dramatically in the past 20 years as a result of some of the world's largest corporations establishing their headquarters in Manhattan, as well as increased tourism in and around the city. Most corporate suites and average hotel rooms have rates that range from $200 to $300 per night. Over a month's time, a resident's monthly housing costs might average $7000 or more, which is beyond the means of most individuals.

A few companies have identified the business opportunities in providing short-term housing solutions as hotel supplements for corporate relocation and tourists. Cooperating landlords, investors, and brokers have created a more affordable short-term solution by purchasing buildings and condominium apartments with flexible by-laws and house rules, providing furnishings that match the standards of some of New York's finest hotels. Maid service, laundry, and other luxury services were often available as necessary. Short-term housing has also become a great solution for those having renovations done on their properties and those who can afford a pied-a-terre. People who stay in New York for more than 1 month at a time, but cannot or do not remain long enough to sign a lease (most of which have minimum residence terms of 12 months), also have fueled the need for these types of apartments.

As for location and cost, short-term apartments can be found most easily in the midtown and downtown financial districts, due to the concentration of tourism and corporate areas offices in these areas. The residence terms are often flexible, ranging from 2 to 3 weeks to a year or longer. Some properties are even available on a per-night basis. Average costs range rom $2500 to $3500 per month for studios and 1-bedrooms, and $5000 to $7000 for two bedrooms and larger. The most luxurious suites in some of New York's most exquisite buildings are available for an average of $3500 to $5000 per month for studio or 1-bedroom suites.

Coops are a creature of New York. Originally conceived in the late 1800s to persuade home owners to live on top of each other instead of side by side, the coop is premised upon the idea of a social club. Coop owners, through their boards of directors, are entitled to choose who their neighbors are. Provided that federal and state discrimination statutes are not violated, a coop board may reject a potential purchaser or subtenant for any reason or for no reason. As housing becomes more scarce in the city, coop boards are exercising this veto right with increasing regularity.

When buying a coop you are not buying real property. Instead you are buying a long-term lease and the right to sole and exclusive possession of your apartment for an indefinite period. The coop board acts very much like a landlord and you are entitled to demand from the board the same services and attention you expect in a rental building. The coop board bills you every month for a pro-rated share of the total cost of running the building, usually including the monthly costs of a mortgage on the entire building. You pay this monthly bill, called maintenance, in addition to any bank loan you obtained to purchase the apartment.

PROS: coops are generally cheaper than condos, have lower closing costs and give you greater protection against unruly neighbors.

CONS: coops are more difficult to sell, are very difficult to rent (unless the board of directors allows liberal subleasing), have greater monthly costs, actual and potential.

No. Under New York's Real Property Law a tenant need not obtain consent of a landlord before having a roommate. Generally speaking, it is your right as a tenant (regardless of the size of your apartment or your building) to have a roommate. As long as you share the apartment with the roommate, what the roommate pays toward the rent is of no concern to your landlord. Oddly enough, a roommate is not necessarily limited to one person. By law, a roommate is one family unit. This means that the fact your roommate has a spouse or children does not limit your entitlement to share your apartment. Is there a provision in your lease prohibiting roommates? You are entitled to ignore it. In most instances any such lease provision is unenforceable.

An option is usually better because it shifts the risk of a changing rental market to your landlord. What an option affords you is choice. After elapse of the first year you make a decision, either to renew your lease or move to another apartment. If rents are falling (admittedly something that happens rarely in New York) you may find a better deal elsewhere. You may even be able to negotiate with your landlord a rent lower that the renewal rate in the option.

Many landlords expire leases from June though September. So you'll find more availability, but also more competition during that time. Our advice: Begin your search as early as you can. Be flexible about your lease start date and decide quickly!!

Clearly, no one column can provide you with the right answer for your own unique situation. If you're a student spending a year studying in New York, renting makes sense; whereas if you're a retiree with at least 15 years left on your life expectancy and you plan to die in New York, buying a nice co-op or condo might work out very well. It's important to remember, though, that when you buy property, your monthly expenses might be higher than if you rent (due to the fact that you might have to maintain the property yourself to an extent). All in all, the biggest factors to consider are 1) How much time you'll be spending in your area of choice, 2)How much you can afford on a monthly basis, and 3) how important it is to you to own property rather than rent.

Here are some of the most common abbreviations:

BR - bedroom P/W - prewar building H/W - hardwood (floors) EIK - eat-in kitchen chef kit - chef or gourmet-style kitchen DR - dining room FP - fireplace (decorative or woodburning) WBF - woodburning fireplace Reno - renovation N/S expo - northern and southern exposures WIC - walk-in closet W/D - washer/dryer D/W - dishwasher

In a true open house, potential renters and/or buyers are invited to come see an apartment during a given date and time, under the supervision of the broker or owner. The attractiveness of such a marketing technique is the freedom to view the property without making an appointment. From time to time, though, you will find open houses advertised that do require you to make an appointment (an ad will usually mention if this is the case) and so it is always best to call ahead if you can. For lots of great open house listings, especially on the weekends, check out http://www.openhousenyc.com.

First of all, there are so many people who want to live in this city, landlords generally have no problem finding tenants for most apartments, and so can afford to charge more than you would expect in a smaller town. Secondly - location, location, location! 18 million people live in the New York Metropolitan area, but a lot of them either work or do a fair amount of business in Manhattan, which makes city apartments that much more valuable for those who can't stand to commute. Manhattan rents will always be higher than anywhere else.

Aside from the common-sense questions about rent and/or price, you might want to ask about what kind of neighbors you would have and, if the apartment is vacant, why the previous tenant left. If you haven't had a chance to check out the building, ask about what facilities are available (laundry, party room, etc.). Ask about any changes or additions the landlord might be making, especially if it's an apartment that needs a lot of work before it's ready to move into. Above all, you should definitely look around the neighborhood, get a sense for the location of shopping, transportation and entertainment, and see if you can picture yourself living there.

Man's best friends though they may be, dogs have a tendency to be loud at odd hours, which can cause disturbances in close-quarters residences such as apartment buildings. Large dogs are also capable of causing substantial physical damage to property and people. Certain landlords recognize that small dogs and small pets don't have as much problem potential, and thus accept dogs that weigh 20 pounds or less. Pet policies vary from building to building, and it may even make a difference whether you're the owner or lessee of an apartment. If pets are in your life, check carefully with the landlord, managing agent or broker before making a renting/buying decision.

MLX.com presently covers the borough of Manhattan, with an emphasis on properties below 125th Street. If you are interested in renting outside of Manhattan, you may want to check out EasyRent.com, which specializes in the outer boroughs, Westchester County, and parts of New Jersey.

Every day, we hear another story of a buyer losing an apartment to a higher bidder. On the high end, for those prewar three bedroom, $3 million apartments, sellers are actually getting more than the asking price! It's a crazy and fast market. If you believe that prices aren't coming down (Manhattan's not going to get any bigger), the longer you're on the sidelines, the more expensive it will be to get in. What should you do? Well, you can double up in your current apartment, or sleep on the living room couch. Determined you need to move? Here's what to do: 1) Bite the bullet. Sit down and calculate what you can afford. 2) Know the market. You'll feel a lot better about what you pay if you know that's where the market is. 3) Get creative. If you fall in love with a building and lose the bid, contact other owners in the building. Remember, everyone has a price. Maybe someone who was not contemplating a sale will be urged to sell at the price at which you want to buy. How should you negotiate? Hmmm. That's the $64,000 question, or should we say the $800,000 question. In this tight market, you're darned if you do and darned if you don't offer the Asking Price. If you do offer the Asking Price, the seller may think the apartment is worth more, and heaven knows where that'll end. If you don't offer the Asking Price, chances are someone else will... This takes us back to the first point. Know the market. Your first offer should reflect the value at which you assess the apartment.

Wake up! Apartments in New York get rented (or sold) in a New York minute. Newspapers may be fine for slower real estate markets. But remember, most newspapers are put to bed several days before they are distributed. For instance, a Sunday paper typically requires that ads be placed by the previous Thursday. That means three days have lapsed by the time you get the paper - or see the listings. The early bird gets the worm. Or in this case, the apartment. To get the apartment, you've got to know about the apartment. Take advantage of the Internet Age. 1) Get connected to a real-time server where you can build a dream home profile. You can sign up for email to be sent to you every time a new apartment matches your criteria. 2) When you get that e-mail, drop everything and see that apartment! 3) Or, get connected to a knowledgeable broker and let him or her be your lookout.

By "good" apartments, you probably mean inexpensive, of livable size, and in a safe neighborhood. Alas, "good" apartments are difficult to come by on this tiny island of Manhattan... With a vacancy rate of 3%, apartments are indeed scarce. But take heart - "good" apartments, for the lucky few, can be found by word of mouth, in newspapers, in listing services such as New York Magazine's listings powered by MLX.com and through brokers. What's your best chance of finding a "good" apartment?

1) Know the market so you can recognize a "good" apartment when you see it.

2) Be prepared to move on a good apartment as soon as you see it - or someone else will.

3) Make sure your credit is impeccable. Landlords can afford to be picky about the tenant they choose.

4) Cross your fingers.

With consistent effort on your part and a little bit of luck, the right apartment can be yours.

Few real estate transactions would be complete without brokers. They are the facilitators, the ones who connect sellers to buyers and lessors to tenants. They are, in short, the ones that make real estate work.

Not everyone can be a broker. All brokers are licensed, and should display their license prominently in their place of work. How do brokers make their money? By charging fees, generally in the form of a commission that is a percentage of the overall real estate transaction. Commissions vary widely, and usually hinge on the successful completion of the service for which the broker was employed. Most brokers do not request their fee until after a contract has been signed. In other words, if you’re a prospective lessor or buyer, a broker won’t ask to collect his commission until you have signed a lease or contract with the parcel owner.

Legally speaking, brokers are agents for their clients. Agents may be classified as universal agents, general agents, or special agents, based on their authority. Universal agents are empowered to represent clients in all matters, and have the power to enter into any contract on behalf of the client without prior approval. General agents are allowed to represent their clients in a specific range of matters, and may bind clients only to contracts within the scope of this authority. Lastly, special agents are authorized only to represent the client in one specific transaction or business activity. Most real estate brokers fall into this category; as special agents, brokers are not authorized to bind their clients to any contract without approval first.

Once a client enters into a fiduciary relationship with his broker, this client must retain the broker until the relationship is complete. During that time, the broker is expected to maintain a strict code of ethics, and always to put client interests first. If a client proves a broker has acted unethically, he or she can end the relationship, or petition a local board of governance to review the case and, possibly, revoke that broker’s license.

Certain specific areas of law are important to the real estate practitioner. These include the law of contracts, the real property law, the law of agency, and the real estate license law. People engaged in the real estate business don’t have to be experts on these laws, but they should have a knowledge and understanding of basic principles. Real estate practitioners must be able to recognize technical legal problems, and should appreciate the necessity of referring such problems to a competent attorney.

For our purposes, the most important of these laws is the Real Estate License Law, enacted in New York State in 1922. Under this law, a person must obtain a license in order to engage in the real estate business. The applicant must possess certain personal and educational qualifications, and must pass an examination to prove adequate knowledge of the business. In order to qualify for license renewal, the licensee must meet continuing education requirements, and follow certain prescribed standards of conduct in the operation of business.