New York Landlord-Tenant Laws: What Renters Need to Know

1. Overview: New York’s Landlord-Tenant Laws

New York has some of the strongest tenant protections in the country. That’s the good news. The complicated news? Those protections are scattered across multiple statutes: the Real Property Law (RPL) covers most lease and tenancy rules, the General Obligations Law (GOL) handles security deposits, and the Real Property Actions and Proceedings Law (RPAPL) governs eviction procedures. On top of that, New York City has its own layer of regulations — rent stabilization, the Housing Maintenance Code, and the 2024 Good Cause Eviction law — that don’t apply in the rest of the state unless a municipality opts in.

The biggest shift in recent years came in June 2019 with the Housing Stability and Tenant Protection Act (HSTPA). That single piece of legislation capped security deposits at one month statewide, eliminated vacancy decontrol for rent-stabilized apartments, added the 30/60/90-day notice requirements for rent increases and non-renewals, and overhauled how landlords can collect and return deposits. If you signed a lease before 2019, many of the rules you remember have changed.

These laws apply to most residential rentals. Commercial leases, owner-occupied buildings with fewer than four units (for certain provisions), and some other categories have different rules. And if you’re in a rent-stabilized or rent-controlled apartment, you have additional protections that go beyond what’s covered in general landlord-tenant law.

2. Security Deposit Rules

New York’s security deposit rules got a major overhaul under HSTPA 2019. If your landlord is still operating under the old rules — asking for two months’ security, skipping itemized statements — they’re breaking the law.

Deposit Limits

Under GOL § 7-108, your landlord cannot charge more than one month’s rent as a security deposit. This applies statewide — to rent-stabilized, rent-controlled, and market-rate apartments alike. Before HSTPA, market-rate tenants had no deposit cap, and some landlords collected two, three, or even four months’ rent upfront. That’s gone. Your landlord also can’t collect “last month’s rent” in advance as a workaround — the total amount of any advance deposit or payment (other than the first month’s rent) is limited to one month’s rent.

Trust Account Requirement

Under GOL § 7-103, your security deposit remains your money. The landlord must hold it in a trust account at a New York banking institution, separate from their own funds. They cannot commingle it with personal or business accounts. For buildings with six or more units, the landlord must put the deposit in an interest-bearing account. You’re entitled to the interest earned (minus a 1% administrative fee the landlord can keep), either paid annually or credited to your account.

Return Deadline

Your landlord has 14 days after you vacate the unit to return your deposit with an itemized statement of any deductions. This is one of the tightest return deadlines in the country. Here’s what makes it powerful: if the landlord misses that 14-day window, they forfeit the right to retain any portion of the deposit — even if there were legitimate damages. The clock is the clock.

What They Can (and Can’t) Deduct

Landlords can deduct for unpaid rent, damage beyond normal wear and tear, unpaid utility charges payable under the lease, and the reasonable cost of moving and storing your belongings if you abandoned them. They cannot charge for normal wear and tear — scuffed paint, minor carpet wear, faded curtains. And every deduction must be itemized. A vague line like “damages and cleaning: $800” doesn’t cut it.

Penalty for Violations

If your landlord charges more than one month’s rent as a deposit, a court can award you punitive damages of up to twice the deposit amount. For wrongful withholding or failure to return the deposit within 14 days, you can sue for the full deposit plus interest and, in some cases, attorney’s fees.

3. Eviction Procedures and Notice Requirements

Evictions in New York are heavily regulated. Your landlord cannot just change the locks or tell you to leave. Every eviction must go through Housing Court (in NYC) or the local court system, and there are strict procedural requirements at every step.

Nonpayment of Rent

Before starting a nonpayment eviction, your landlord must serve you a written 14-day rent demand under RPAPL § 711(2). This demand must give you at least 14 days to pay the outstanding rent or surrender possession. Oral demands don’t count — HSTPA abolished them. If you pay the full amount owed within those 14 days, the eviction process stops.

Holdover Proceedings

If your lease has expired and you haven’t left, or if your landlord claims you’ve violated a “substantial obligation” of your tenancy, they can start a holdover proceeding. But first, they must give you the required notice under RPL § 226-c — 30, 60, or 90 days depending on how long you’ve lived there. Without that notice, the proceeding can’t begin.

Good Cause Eviction (NYC and Opt-In Municipalities)

As of April 20, 2024, New York City’s Good Cause Eviction law requires landlords of covered units to have a legally valid reason to evict or refuse to renew a lease. “Covered units” are generally non-rent-regulated apartments where the rent is below 245% of fair market rent. The law does not apply to owner-occupied buildings with 10 or fewer units, rent-regulated units (which already have stronger protections), or buildings built within the last 30 years.

Under Good Cause, valid reasons for eviction include nonpayment of rent, violating a substantial lease obligation, causing a nuisance, using the unit for illegal purposes, or the landlord’s good-faith intent to occupy the unit. The law also limits “unconscionable” rent increases as a basis for non-renewal.

Other municipalities across the state can opt in to Good Cause Eviction through their local legislative bodies. If you’re outside NYC, check whether your city or town has adopted it.

Good Cause Eviction Law Notice

Since August 18, 2024, landlords must include a Good Cause Eviction Law Notice (per RPL § 231-c) with all initial leases, renewals, rent demands, and non-renewal notices. The notice must state whether the unit is covered by the Good Cause law, and if exempt, explain why.

Service Requirements

Eviction papers must be served properly under RPAPL § 735. Personal service is preferred. If personal service fails after reasonable attempts, “conspicuous place” service (sometimes called “nail and mail”) is allowed — the papers are affixed to the door and mailed by both certified and regular first-class mail. Improper service can get the entire case dismissed.

Illegal Self-Help Evictions

Changing the locks, shutting off utilities, removing your belongings, or physically blocking you from your unit is illegal in New York. Only a court can order an eviction, and only a city marshal or sheriff can carry it out. If your landlord tries a self-help eviction, you can call the police, go to court for an emergency order to get back in, and sue for damages.

4. Landlord Entry and Privacy Rights

Here’s something that surprises a lot of tenants: New York doesn’t have a specific statute setting a fixed number of hours for landlord entry notice. There’s no “24-hour rule” written into the Real Property Law the way some other states have it.

The “Reasonable Notice” Standard

Instead, New York relies on common law and the implied covenant of quiet enjoyment. Your landlord may enter your apartment with reasonable prior notice, at a reasonable time, and with your consent, for legitimate purposes like repairs, inspections, or showing the apartment to prospective tenants or buyers. In practice, most courts and attorneys treat 24 hours as the minimum for routine, non-emergency matters. But unlike Colorado or other states with a bright-line rule, this is a standard, not a statute.

Emergency Entry

In a genuine emergency — a burst pipe, fire, gas leak, or a condition that threatens life or property — your landlord can enter without notice and without your consent. That’s the one clear exception.

Harassment Protections (NYC)

In New York City, repeated or unreasonable entries can constitute landlord harassment under the NYC Administrative Code. If your landlord is entering your apartment repeatedly without notice, making unannounced visits, or using entry as an intimidation tactic, you can file a harassment complaint with Housing Court. The city takes this seriously, especially in buildings where the landlord is trying to push out rent-stabilized tenants.

5. Habitability Standards and Repairs

New York’s warranty of habitability is one of the strongest in the nation. And it’s non-waivable — your landlord cannot make you sign it away, no matter what your lease says.

What the Law Requires

Under RPL § 235-b, every residential lease includes an implied warranty that the premises are fit for human habitation and for the uses reasonably intended by the parties, and that occupants will not be subjected to conditions dangerous, hazardous, or detrimental to their life, health, or safety. This applies to written and oral leases, market-rate and regulated apartments alike.

Common Violations

The warranty covers a broad range of conditions:

• No heat or inadequate heat (landlords must provide heat from October 1 through May 31 in NYC)
• No hot water
• Plumbing failures — leaks, sewage backups, broken fixtures
• Pest infestations — roaches, mice, bedbugs
• Mold growth from building conditions
• Broken or missing locks and security devices
• Lead paint hazards (especially for units with children under six)
• Missing or non-functional smoke and carbon monoxide detectors
• Elevator outages in buildings required to have them
• Missing window guards (required in NYC apartments where children under 10 reside)

Your Remedies

If your landlord breaches the warranty of habitability, you have several options:

• Rent abatement: You can sue in Housing Court (in NYC) or your local court for a reduction in rent proportional to the severity of the problem
• Repair and deduct: In some circumstances, you can make necessary repairs yourself and deduct the cost from rent, though this is riskier — consult an attorney first
• HP Proceedings (NYC): In New York City, you can file a Housing Part (HP) proceeding in Housing Court to get a judge to order your landlord to make repairs. The court can impose civil penalties for non-compliance
• Call 311 (NYC) or your local code enforcement: File a complaint with your local building department, which can inspect and issue violations

One important caveat: the warranty doesn’t apply to conditions caused by you or someone you let into the unit.

6. Rent Payment Rules

When Is Rent Due?

Rent is due on the date specified in your lease. If your lease doesn’t specify, rent is typically payable at the beginning of each rental period. Most leases set the first of the month.

Late Fees

New York doesn’t have a statute capping late fees for market-rate apartments. However, for rent-stabilized apartments, late fees cannot be imposed until rent is more than five days late. Courts have generally held that excessive late fees in any rental may be deemed unenforceable as penalties. If your lease charges a late fee that’s wildly disproportionate to the landlord’s actual damages from the late payment, a court could strike it down.

Rent Receipts

Under RPL § 235-e, your landlord must give you a written receipt for any rent payment made in cash, certified check, or money order. The receipt must state the date, amount, the apartment, and the period covered. If you pay by personal check, the canceled check serves as your receipt. This might sound minor, but it’s critical if your landlord later claims you didn’t pay.

Notice for Rent Increases

Under RPL § 226-c, if your landlord wants to raise your rent by 5% or more (or not renew your lease), they must give you advance written notice:

• 30 days: If you’ve lived there less than 1 year or your lease is under 1 year
• 60 days: If you’ve lived there 1–2 years or your lease is 1–2 years
• 90 days: If you’ve lived there 2+ years or your lease is 2+ years

If they don’t give proper notice, you can stay at your current rent until the notice is given and the required period expires. This rule applies statewide for all residential tenants, not just those in rent-regulated units.

7. Lease Termination and Breaking a Lease

Ending a Month-to-Month Tenancy

Either the landlord or tenant can end a month-to-month tenancy with proper advance notice. The same tiered notice structure from RPL § 226-c applies — 30, 60, or 90 days depending on how long you’ve been there. The notice must be in writing.

Breaking a Fixed-Term Lease

If you’re on a 12-month lease and need to leave early, you’re generally on the hook for the remaining rent. New York courts have held that landlords have a duty to mitigate damages — meaning they must make reasonable efforts to re-rent the unit. You’re only liable for rent until a new tenant is found. But don’t count on your landlord telling you that voluntarily.

Legally Recognized Early Termination

New York recognizes several situations where you can break a lease without penalty:

• Domestic violence: Under RPL § 227-c, victims of domestic violence can terminate their lease with 30 days’ written notice and documentation (such as an order of protection)
• Senior citizens and people with disabilities: Under RPL § 227-a, if you’re a senior citizen or have a disability and are moving to a family member’s home, an adult care facility, or subsidized housing, you can terminate with 30 days’ notice
• Military deployment: Under the federal Servicemembers Civil Relief Act (50 U.S.C. §§ 3901–4043), active-duty servicemembers who receive PCS orders or deployment orders can terminate a lease with 30 days’ written notice
• Habitability breach: If your landlord fails to maintain the unit in habitable condition, you may be able to terminate — but consult an attorney before using this as a basis to leave
• Constructive eviction: If your landlord’s actions (or inactions) make the unit substantially unusable, courts may find a constructive eviction that releases you from the lease

8. Retaliation Protections

Filing a complaint about a broken boiler shouldn’t get you evicted. New York law makes sure it doesn’t.

Under RPL § 223-b, your landlord cannot retaliate against you for:

• Making a good-faith complaint to a government agency about health or safety violations, warranty of habitability breaches, or housing code violations
• Taking action in good faith to enforce your rights under your lease, the warranty of habitability, or other housing laws
• Participating in the activities of a tenants’ organization

The One-Year Presumption

Here’s the powerful part: if your landlord serves an eviction notice, raises your rent, or substantially alters your tenancy within one year of your protected activity, the law presumes it’s retaliation. The burden shifts to your landlord to prove, by a preponderance of the evidence, that they had a legitimate, non-retaliatory reason.

What You Can Recover

If retaliation is proven, you can recover actual damages, reasonable attorney’s fees and costs, and injunctive relief (a court order stopping the retaliatory conduct). You can also raise retaliation as a defense in any eviction proceeding.

Limitation

One important note: RPL § 223-b does not apply to owner-occupied dwellings with fewer than four units. If you rent from a landlord who lives in the same building and it has three or fewer units total, the anti-retaliation statute doesn’t cover you (though you may still have common-law protections).

9. Fair Housing Protections

New York’s fair housing protections are among the broadest in the country. The New York State Human Rights Law (Executive Law § 296) goes significantly beyond the federal Fair Housing Act.

Protected Classes Under State Law

Under Executive Law § 296(5), it is illegal to refuse to sell, rent, or lease housing — or to discriminate in terms and conditions — based on:

• Race
• Color
• Creed (religion)
• National origin
• Sex
• Disability
• Familial status (having children under 18)
• Age
• Sexual orientation
• Gender identity or expression
• Marital status
• Military status
• Citizenship or immigration status
• Lawful source of income (including housing vouchers)
• Status as a victim of domestic violence

That last one — source of income — is a big deal. New York landlords cannot refuse to rent to you because you pay with a Housing Choice Voucher (Section 8) or another lawful source of income. Many states don’t have this protection.

Where to File a Complaint

The New York State Division of Human Rights (DHR) enforces the state’s Human Rights Law. You must file a complaint within one year of the discriminatory act (or within three years if you file in court). You can file online at dhr.ny.gov.

In New York City, you can also file with the NYC Commission on Human Rights, which enforces the NYC Human Rights Law — an even broader set of protections that covers additional categories.

Federal Protections

The federal Fair Housing Act (42 U.S.C. §§ 3601–3619) provides baseline protections covering race, color, religion, national origin, sex, familial status, and disability. You can file a federal complaint with HUD’s Office of Fair Housing and Equal Opportunity within one year of the discriminatory act.

10. Rent Stabilization and Rent Control

New York is one of the few states with active rent regulation, and it’s complicated enough to fill its own guide. Here’s the overview.

Rent Stabilization

Rent stabilization covers roughly one million apartments in New York City and applies in buildings with six or more units built before January 1, 1974, in NYC. It also applies in certain counties (Nassau, Westchester, and Rockland) where local governments have adopted the Emergency Tenant Protection Act (ETPA). Under HSTPA 2019, once an apartment is stabilized, it stays stabilized permanently — the old “vacancy decontrol” and “high-rent deregulation” loopholes were eliminated.

The NYC Rent Guidelines Board sets annual rent increase limits for stabilized units. Tenants have the right to a lease renewal, and landlords cannot refuse to renew without a legally valid reason.

HSTPA 2019 Changes to Rent Stabilization

HSTPA rewrote the rent stabilization playbook:

• Preferential rent protections: If you’re paying a preferential (lower) rent, your landlord can no longer reset to the legal registered rent upon renewal
• Major Capital Improvements (MCIs): Rent increases for building-wide improvements are now capped at 2% per year, temporary (removed after 30 years), and subject to a longer recoupment period
• Individual Apartment Improvements (IAIs): Spending is capped at $15,000 over 15 years, and the increases are removed after 30 years
• No more vacancy decontrol: Apartments cannot be deregulated when they reach a certain rent threshold or when a tenant moves out

Rent Control

Rent control is a separate, older system that applies to a small number of apartments — generally those in buildings built before February 1, 1947, where the tenant (or their lawful successor) has been in continuous occupancy since July 1, 1971. Rent-controlled units are administered by the Division of Housing and Community Renewal (HCR). The number of rent-controlled apartments has been shrinking for decades as tenants move out and units convert to rent stabilization.

Market-Rate Apartments

Outside of rent regulation, New York does not have general rent control. Your landlord can raise the rent by any amount between lease terms, subject to the 30/60/90-day notice requirement under RPL § 226-c. In NYC, the Good Cause Eviction law provides some protection against “unconscionable” rent increases for covered units, but this is not a rent cap — it’s a defense against eviction based on a tenant’s refusal to pay an unreasonable increase.

11. Small Claims Court

For security deposit disputes and other landlord-tenant money claims, small claims court is usually the fastest and most affordable route.

• New York City: Small claims court handles cases up to $10,000
• City and district courts (outside NYC): Cases up to $5,000
• Town and village justice courts: Cases up to $3,000

You can represent yourself in small claims court — no attorney required. Filing fees are relatively low. For security deposit cases, bring your lease, move-in and move-out photos, copies of all correspondence with your landlord, and the itemized deduction statement (or evidence that none was provided within 14 days). Given the strict 14-day return rule and the penalty for non-compliance, these cases tend to go well for tenants who have their documentation in order.

12. Key New York Statutes

Here’s a quick-reference table of the most important New York landlord-tenant statutes. New York’s tenant protections span multiple statute books — RPL, GOL, RPAPL, and Executive Law.

13. Frequently Asked Questions

14. Sources and References

This guide is based on the following New York statutes and legal resources. Laws can change — always verify current statutes through official sources.

New York State Statutes

• Real Property Law (RPL) — Article 7: Landlord and Tenant
• General Obligations Law § 7-108 — Security Deposits
• General Obligations Law § 7-103 — Security Deposit Trust Requirements
• Real Property Actions and Proceedings Law § 711 — Eviction Grounds
• RPL § 226-c — Notice of Rent Increase or Non-Renewal
• RPL § 235-b — Warranty of Habitability
• RPL § 223-b — Retaliation by Landlord Against Tenant
• RPL § 231-c — Good Cause Eviction Law Notice
• Executive Law § 296 — Unlawful Discriminatory Practices (Human Rights Law)

Federal Statutes

• Fair Housing Act — 42 U.S.C. §§ 3601–3619
• Servicemembers Civil Relief Act — 50 U.S.C. §§ 3901–4043

New York Legal Aid and Government Resources

• New York Attorney General — Residential Tenants’ Rights Guide
• LawHelpNY — free legal information and referrals for New Yorkers
• NYS Homes and Community Renewal (HCR) — Rent Stabilization
• New York State Division of Human Rights — housing discrimination complaints
• NYCourts.gov — Small Claims Court Guide

Federal Resources

• HUD Fair Housing Complaint Portal
• Nolo — New York Landlord-Tenant Laws Overview

For tenant rights that apply nationwide, see our Tenant Rights Guide. Looking for another state? Browse our state landlord-tenant law directory. Not sure what a legal term means? Check our rental glossary.