Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
New York provides some of the strongest tenant protections in the United States, dramatically enhanced by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). Whether you're renting in New York City under rent stabilization, in a market-rate apartment upstate, or anywhere in between, understanding your rights under New York Real Property Law can help you recover security deposits, demand necessary repairs, and protect yourself from unlawful landlord practices. The New York State Homes and Community Renewal (HCR) provides official resources on tenant rights and rent regulation.
Key Statute: New York Real Property Law (RPL) Article 7 governs landlord-tenant relationships. The Housing Stability and Tenant Protection Act of 2019 significantly strengthened tenant protections statewide, limiting security deposits to one month's rent and requiring return within 14 days.
New York Tenant Rights Legal Framework
New York tenant rights are governed by multiple overlapping legal frameworks depending on your location and type of housing. Understanding which laws apply to you is essential for enforcing your rights effectively.
Primary Laws Governing Tenants
- Real Property Law (RPL): Statewide statute covering security deposits, lease requirements, and habitability
- Housing Stability and Tenant Protection Act (HSTPA 2019): Landmark reform limiting deposits, extending eviction protections
- Multiple Dwelling Law (MDL): Applies to buildings with 3+ units, sets safety and maintenance standards
- NYC Housing Maintenance Code: Detailed requirements for NYC landlords on repairs and conditions
- Rent Stabilization Law: Regulates rent increases and lease renewals for eligible NYC units
- Emergency Tenant Protection Act (ETPA): Extends rent stabilization to certain counties outside NYC
NYC vs. Upstate Differences
Your location significantly affects your tenant rights in New York:
| Protection | NYC | Upstate/Other Counties |
|---|---|---|
| Small Claims Limit | $10,000 | $5,000 |
| Rent Stabilization | Buildings with 6+ units built before 1974 | ETPA counties only (Nassau, Westchester, Rockland) |
| Housing Court | Dedicated NYC Housing Court | City/Town/Village Courts |
| Warranty of Habitability | RPL § 235-b (enhanced by HPD) | RPL § 235-b (statewide) |
| Heat Requirements | Oct 1 - May 31 specific temps | General habitability standard |
Security Deposit Protections (HSTPA 2019)
The Housing Stability and Tenant Protection Act of 2019 revolutionized security deposit rules throughout New York State, providing tenants with substantial new protections.
Maximum Security Deposit
Under RPL § 7-108 as amended by HSTPA:
- Maximum deposit: One month's rent (previously unlimited for market-rate units)
- Advance rent: Landlords cannot collect more than one month's advance rent
- Total upfront cost: Maximum of 2 months' rent (first month + one month security)
- No "last month's rent": Landlords cannot require last month's rent as additional deposit
Important: If your landlord collected more than one month's security deposit after June 14, 2019, you may be entitled to a refund of the excess amount. This applies to lease renewals as well as new leases.
Security Deposit Return Requirements
Under RPL § 7-108:
- Return deadline: 14 days after move-out (reduced from "reasonable time")
- Itemized statement required: Written itemization of any deductions
- Normal wear and tear: Cannot be charged to tenant
- Receipt requirement: Landlord must provide receipt for deposit within the same time frame
Where Security Deposits Must Be Held
New York law has strict requirements for security deposit handling:
- Separate account: Must be held in an interest-bearing account in a NY bank
- Cannot be commingled: Must be separate from landlord's personal funds
- Written notice: Landlord must inform tenant of the bank name and address
- Interest: Tenant entitled to interest minus 1% administrative fee (for buildings with 6+ units)
Warranty of Habitability (RPL § 235-b)
Every residential lease in New York includes an implied warranty of habitability that cannot be waived. This is one of the most powerful tenant protections under New York law.
What Habitability Requires
Under the warranty, landlords must maintain:
- Heat: Adequate heating (NYC: 68°F daytime Oct 1-May 31 when outside below 55°F; 62°F nighttime)
- Hot water: 120°F minimum, 24 hours per day, year-round
- Running water: Consistent supply of potable water
- Working plumbing: Functional toilets, sinks, drains
- Electricity: Safe, functional electrical systems
- Freedom from pests: No rodent, roach, or bedbug infestations
- Structural safety: No dangerous conditions (broken stairs, falling ceiling)
- Security: Working locks on doors and windows
- Lead paint compliance: Lead paint disclosure and remediation in pre-1978 buildings
Remedies for Habitability Violations
When landlords fail to maintain habitable conditions, tenants have several options:
- Rent abatement: Reduction in rent proportional to diminished value of apartment
- Repair and deduct: Make repairs and deduct cost from rent (with proper notice)
- HP Action (NYC): File Housing Part case to force repairs
- Withhold rent: Place rent in escrow account pending repairs
- Constructive eviction: Move out and terminate lease if conditions are severe
NYC Tenants: Call 311 to file complaints with the Department of Housing Preservation and Development (HPD). HPD can issue violations, impose fines, and even make emergency repairs billed to the landlord.
Rent Stabilization and Rent Control
If you live in a rent-regulated apartment, you have additional protections beyond standard tenant rights.
Who Is Covered
- Rent Stabilization (most common): Buildings with 6+ units built before January 1, 1974 in NYC (or covered under ETPA in Nassau, Westchester, Rockland counties)
- Rent Control (rare): Tenants continuously residing in buildings built before 1947 since before July 1, 1971
- HSTPA Impact: Removed high-rent deregulation (units no longer exit regulation at $2,774/month)
Rent Stabilization Rights
- Limited rent increases: Set annually by the Rent Guidelines Board
- Lease renewal right: Landlord must offer 1-year or 2-year renewal
- Succession rights: Family members may take over lease
- Senior citizen/disability protections: Additional eviction protections for qualifying tenants
- Preferential rent: If you pay below legal regulated rent, increases limited
Checking Your Rent Registration
All rent-stabilized apartments must be registered with the Division of Housing and Community Renewal (DHCR). Request your rent history:
- Online: DHCR Portal at hcr.ny.gov
- FOIL Request: Submit Freedom of Information Law request for full history
- Review for overcharges: Check if you've been charged above legal regulated rent
Rent Overcharge: If your landlord has charged you more than the legal regulated rent, you may be entitled to recover overcharges going back to the base date, plus interest. Under HSTPA, look-back periods were extended. Consult an attorney or contact the Met Council on Housing hotline.
Eviction Protections
New York provides significant procedural protections against eviction. Landlords cannot engage in "self-help" evictions (changing locks, removing belongings, shutting off utilities) and must go through court.
Required Legal Process
- Written notice: 14 days for nonpayment (or 30 days in some cases)
- Court petition: Landlord must file eviction case in Housing Court (NYC) or local court
- Service of process: Tenant must be properly served with papers
- Court hearing: Tenant has right to appear and defend
- Judgment: Only court can order eviction
- Warrant of eviction: Only a marshal or sheriff can execute eviction
- Minimum time: Process typically takes months, not days
HSTPA Eviction Reforms
The 2019 law added significant eviction protections:
- 14-day notice: Minimum notice before filing nonpayment case
- Late fees capped: Maximum $50 or 5% of monthly rent, whichever is less
- Notice to cure: Required for lease violations before eviction filing
- Right to counsel (NYC): Free attorneys for low-income tenants in Housing Court
Illegal Lockouts
If your landlord has illegally locked you out:
- Call 911: Illegal lockout is a criminal offense
- File police report: Document the illegal lockout
- Emergency HP Action (NYC): Get court order for immediate restoration
- Damages: Sue for actual damages, emotional distress, and potentially punitive damages
Lease and Lease Renewal Rights
New York law provides important protections regarding leases and their renewal.
Written Lease Requirements
Under RPL § 232-c, landlords of buildings with 3 or more units must:
- Provide written lease: Must offer written lease to tenant
- Plain language: Lease must be written in clear, understandable terms
- Copy to tenant: Signed copy must be provided within 30 days
- No prohibited clauses: Cannot waive warranty of habitability, right to jury trial, etc.
Notice Requirements for Non-Renewal
Under RPL § 226-c (HSTPA 2019), landlords must provide advance notice if not renewing lease or raising rent more than 5%:
| Tenancy Length | Required Notice |
|---|---|
| Less than 1 year | 30 days |
| 1-2 years | 60 days |
| More than 2 years (or age 62+) | 90 days |
Retaliation Protections (RPL § 223-b)
Landlords cannot retaliate against tenants who exercise their legal rights. New York law presumes retaliation if adverse action occurs within 6 months of protected activity.
Protected Activities
- Complaining about habitability issues to the landlord
- Filing complaints with housing agencies (HPD, DHCR)
- Reporting code violations to inspectors
- Organizing with other tenants
- Joining a tenant association
- Testifying in housing court proceedings
Prohibited Retaliation
- Eviction or threat of eviction
- Rent increase above guidelines
- Reduction in services
- Harassment
- Refusal to renew lease
New York Small Claims Court
Small claims court is an effective way to recover security deposits and pursue other landlord-tenant disputes.
Small Claims Court Limits
| Court | Monetary Limit | Filing Fee |
|---|---|---|
| NYC Small Claims Court | $10,000 | $15-$20 |
| City Courts (Buffalo, Rochester, etc.) | $5,000 | $15-$20 |
| Town/Village Justice Courts | $3,000 | $10-$20 |
Filing Process
- Determine correct court: File where landlord lives/has business, or where property is located
- Complete small claims form: Available at court clerk's office or nycourts.gov
- Pay filing fee: $15-$20 depending on claim amount
- Receive court date: Usually 30-60 days after filing
- Serve the landlord: Court typically handles this by certified mail
- Gather evidence: Photos, lease, correspondence, receipts
- Attend hearing: Evening sessions available in NYC
- Receive judgment: Usually same day or mailed shortly after
How to Write a Demand Letter to Your Landlord
Before filing in court, sending a formal demand letter can often resolve disputes. It also shows the court you attempted to resolve the matter.
What to Include
- Your name and address: Former address if you've moved
- Landlord's name and address: Use the name on your lease
- Dates: Move-in date, move-out date, when deposit was paid
- Amount claimed: Security deposit minus any legitimate deductions you accept
- Legal citations: RPL § 7-108, 14-day return requirement
- Deadline: Give 10-14 days to respond
- Consequences: State you will file in small claims court if not resolved
Sample Demand Letter Language
"Pursuant to New York Real Property Law § 7-108, you were required to return my security deposit within 14 days of the termination of my tenancy on [date], which was [date]. As of [today's date], I have not received my deposit of $[amount]. I demand immediate return of the full security deposit. If I do not receive payment within 14 days, I will pursue this matter in small claims court, where I will also seek court costs and interest."
Common Landlord-Tenant Disputes
Security Deposit Disputes
- Unreturned deposit: File small claims after 14-day deadline
- Excessive deductions: Challenge with move-in/move-out photos
- No itemization: Landlord may forfeit right to deduct without proper notice
- Normal wear and tear charges: Prohibited under NY law
Repair Disputes
- Notify landlord in writing: Keep copies of all communications
- File HPD complaint (NYC): Call 311 or use online portal
- Repair and deduct: Only after written notice and reasonable time to repair
- Rent abatement: Negotiate reduced rent for diminished services
Harassment
Under NYC Admin Code § 27-2004(a)(48) and RPL § 235, landlord harassment is illegal:
- Repeated frivolous court cases
- Refusing to make repairs to force move-out
- Interfering with utilities or services
- Illegal entry without proper notice
- Threatening conduct
Statute of Limitations
| Claim Type | Time Limit | Statute |
|---|---|---|
| Security Deposit Recovery | 6 years | CPLR § 213 |
| Rent Overcharge | 6 years | Rent Stabilization Code |
| Property Damage | 3 years | CPLR § 214 |
| Personal Injury | 3 years | CPLR § 214 |
| Illegal Lockout | 1-3 years | Varies by claim type |
Frequently Asked Questions
How much can my landlord charge for a security deposit in New York?
Under the Housing Stability and Tenant Protection Act of 2019 (RPL § 7-108), landlords can charge a maximum of one month's rent as a security deposit. This applies statewide to all rental units. If your landlord charged more after June 14, 2019, you may be entitled to a refund of the excess.
How long does my landlord have to return my security deposit?
Your landlord must return your security deposit within 14 days of the end of your tenancy, along with an itemized statement of any deductions. This 14-day deadline is a significant improvement from the previous "reasonable time" standard and was established by HSTPA 2019.
What can my landlord legally deduct from my security deposit?
Landlords can only deduct for actual damage beyond normal wear and tear, unpaid rent, or other charges specifically allowed by your lease. They cannot charge for normal wear and tear like minor scuff marks, small nail holes, or carpet wear from normal use. Any deductions must be itemized in writing.
Can my landlord enter my apartment without permission?
While New York doesn't have a statewide statute specifying exact notice requirements for landlord entry, common law requires reasonable notice (typically 24 hours) and entry at reasonable times for non-emergencies. Landlords may enter without notice only in genuine emergencies. Repeated unauthorized entry may constitute harassment.
What should I do if my landlord won't make repairs?
First, document everything and notify your landlord in writing. In NYC, file a complaint with HPD by calling 311 or using the online portal. You may also file an HP Action in Housing Court to force repairs, or pursue rent abatement. Keep copies of all communications and photos of conditions.
How do I know if my apartment is rent stabilized?
Request your apartment's rent history from the Division of Housing and Community Renewal (DHCR) at hcr.ny.gov or by calling 718-739-6400. Look for annual registration statements that should be provided by your landlord. Rent stabilization generally applies to buildings with 6+ units built before January 1, 1974 in NYC.
Can my landlord refuse to renew my lease?
For market-rate units, landlords can generally refuse to renew if they provide proper notice (30-90 days depending on tenancy length under RPL § 226-c). For rent-stabilized units, landlords must offer a renewal lease and can only refuse to renew in specific circumstances like owner occupancy. Refusal cannot be retaliatory.
Key Resources
- NYC Housing Court Help Center: 111 Centre Street, Room 104B, Manhattan - Free assistance for all Housing Court matters
- DHCR (Rent Stabilization): 718-739-6400 or hcr.ny.gov
- HPD (NYC Complaints): 311 or nyc.gov/hpd
- Met Council on Housing Hotline: 212-979-0611 - Free tenant counseling
- Legal Aid Society: 212-577-3300 - Free legal representation for eligible tenants
- NY Attorney General: 800-771-7755 - Consumer complaints
- NYC Right to Counsel: Free attorneys for low-income tenants facing eviction
Take Action for Your Tenant Rights
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