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State Reference Guide · Northeast

New York
Tenant Rights.

This guide provides a detailed overview of the rights and protections afforded to tenants in the State of New York. New York has some of the most robust tenant protections in the United States, particularly following the Housing Stability and Tenant Protection Act (HSTPA) of 2019 and the Good Cause Eviction Law of 2024.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

What rights do tenants have in New York?

Tenants in New York are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in New York sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

New York law strictly regulates how security deposits are handled to prevent landlord abuse.

Maximum Amount
Landlords cannot charge more than one month’s rent as a security deposit. This applies to all residential rentals, including rent-stabilized units. (NY GOL § 7-108(1-a))
Return Deadline
Landlords must return the security deposit within 14 days after the tenant vacates the unit. (NY GOL § 7-108(1-e))
Itemization Requirements
If the landlord deducts any money for damages (beyond "ordinary wear and tear"), they must provide an itemized statement specifying the basis for the deductions along with the remaining portion of the deposit within the same 14-day window.
Inspections
Before moving in, tenants have the right to inspect the unit with the landlord to document existing damage. Before moving out, the landlord must notify the tenant of their right to a "walk-through" inspection to identify what needs repair to avoid deductions. (NY GOL § 7-108(1-d))
Interest
If the building has six or more units, the landlord must place the deposit in an interest-bearing New York bank account and notify the tenant of the bank's name and address. The landlord may keep 1% for administration, but the rest belongs to the tenant. (NY GOL § 7-103)
Penalties
A landlord who "willfully" violates these laws may be liable for punitive damages up to twice the amount of the deposit.
02
NOTICE

Eviction Notices & Procedures

In New York, "self-help" evictions (changing locks, removing belongings) are strictly illegal and are a criminal misdemeanor.

Non-Payment of Rent
Landlords must first send a notice via certified mail if rent is five days late. If rent remains unpaid, the landlord must serve a 14-day written notice to pay or quit before filing an eviction case. (NY RPAPL § 711(2))
Lease Violations
For violations of the lease (e.g., unauthorized pets), the landlord must serve a 10-day Notice to Cure. If the tenant fixes the issue, the eviction stops. If not, the landlord serves a Notice of Termination. (NY RPAPL § 753(4))
Month-to-Month Termination / Non-Renewal
If a landlord chooses not to renew a lease or terminate a month-to-month tenancy, the notice period depends on how long the tenant has lived there (NY RPL § 226-c): - Less than 1 year: 30 days’ notice.1 to 2 years: 60 days’ notice.More than 2 years: 90 days’ notice.
Good Cause Eviction (New in 2024)
In many parts of the state (including NYC), landlords can no longer end a tenancy simply because the lease expired. They must have a "Good Cause" (like non-payment, nuisance, or the owner moving in). This also limits annual rent increases (usually capped around 8-10%). (NY RPL Article 6-A)
03
NOTICE

Landlord Entry

While New York state law is surprisingly quiet on a specific hourly notice period for entry, the NY Attorney General’s guidelines and court precedents establish clear standards.

Notice Period
Landlords must provide "reasonable" notice (generally interpreted as 24 hours for inspections/repairs and one week for more invasive work) and enter at reasonable times.
Purpose
Entry is generally limited to repairs, inspections, or showing the unit to prospective buyers/tenants.
Emergency Exception
A landlord may enter without notice only in a true emergency (e.g., fire or active water leak).
Tenant Rights
Tenants have the right to refuse entry if the landlord is harassing them or entering without reasonable cause.
04
MONEY

Rent Control and Rent Stabilization

New York has a dual system of rent regulation that is much stronger than federal standards.

Rent Control
Generally applies to buildings built before 1947 where the tenant has lived there since before 1971. It is increasingly rare.
Rent Stabilization
Generally applies to buildings with 6+ units built between 1947 and 1974. Rent increases are set annually by local Rent Guidelines Boards. Tenants have a guaranteed right to lease renewal.
HSTPA 2019
This law made rent stabilization permanent and severely limited the ways landlords can "deregulate" units or hike rents through "major capital improvements."
State Preemption
New York does not have state preemption against rent control; in fact, the state allows municipalities to opt into the Emergency Tenant Protection Act (ETPA) if there is a housing emergency (vacancy rate under 5%).
05
SAFETY

Habitability and Repairs

The "Warranty of Habitability" is an unbreakable protection for every New York tenant.

Warranty of Habitability
Landlords are legally required to keep apartments safe and livable. This includes heat, hot and cold water, and a home free from pests or dangerous conditions. (NY RPL § 235-b)
Heat Requirements
From October 1 to May 31, landlords must provide heat. If the outside temperature is below 55°F during the day, the inside must be at least 68°F. At night, inside must be at least 62°F regardless of outside temperature.
Repair and Deduct
While not explicitly in a single statute, NY courts allow tenants to make "essential" repairs and deduct the cost from rent if the landlord has ignored multiple written requests. Caution: This is risky; tenants should consult an attorney and keep all receipts.
Rent Withholding
Tenants can withhold rent if a landlord fails to provide essential services, but the money should be kept in a separate escrow account, as the landlord will likely file for eviction for non-payment.
06
SAFETY

Retaliation Protections

New York has some of the strongest anti-retaliation laws in the country.

Protected Activities
A landlord cannot evict, harass, or significantly increase rent because a tenant complained to a government agency, joined a tenant union, or exercised a legal right. (NY RPL § 223-b)
Rebuttable Presumption
If a landlord takes adverse action against a tenant within one year of the tenant's complaint, the law presumes the landlord is retaliating. The landlord must then prove in court that they have a legitimate, non-retaliatory reason for their actions.
07
LEASE

Lease Requirements and Disclosures

New York requires specific disclosures to ensure transparency.

Plain English
Leases for residential units must be written in clear, non-technical language. (NY GOL § 5-702)
Sprinkler Disclosure
Every residential lease must state whether there is a maintained and operative sprinkler system in the building. (NY RPL § 231-a)
Bedbug History (NYC)
In New York City, landlords must provide a one-year history of bedbug infestations in the building. (NYC Admin. Code § 27-2018.1)
Right to a Roommate
Regardless of what a lease says, a tenant in New York has the right to share their apartment with one additional occupant (and that person's dependent children) as long as the tenant or their spouse also lives there. (NY RPL § 235-f)
Cities with local protections

These New York cities layer extra tenant protections on top of state law: Albany, Amherst, Astoria, Binghamton, Brockport, Bronx, Bronxville, Brooklyn, Buffalo, Carle Place, Cazenovia, Coram, Corning, Cortland, Dobbs Ferry, Douglaston, East Greenbush, East Norwich, Elmira, Elmsford, Farmingdale, Fredonia, Garden City, Geneseo, Getzville, Glen Cove, Green Island, Greenvale, Hawthorne, Hempstead, Henrietta, Hicksville, Holtsville, Ithaca, Kenmore, Lake Grove, Latham, Long Island City, Melville, Menands, Mineola, Mount Vernon, New Rochelle, New York, Niagara Falls, North Chili, Oneonta, Orchard Park, Oswego, Pittsford, Plattsburgh, Port Jefferson, Port Jefferson Station, Poughkeepsie, Rensselaer, Rochester, Saint James, Saratoga Springs, Schenectady, Selden, South Setauket, Staten Island, Stewart Manor, Syracuse, Tonawanda, Troy, Uniondale, Utica, Vestal, Watervliet, West Harrison, West Hempstead, West Henrietta, Westbury, White Plains, Williamsville, Woodbury, Yonkers.

Common Questions

Frequently Asked

Security deposit limits in New York are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the New York statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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