New York Landlord-Tenant Reference Guide

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⚠️ Important: This reference guide reflects landlord-tenant statutes as of April 2026. Requirements change — always verify current information with a licensed professional in your state before taking action. This is general reference information only, not professional advice.

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Security Deposits

Both Parties

Maximum Amount

Limited to 1 month's rent for all residential rentals statewide (RPL § 227-c, Housing Stability and Tenant Protection Act 2019). No additional deposits permitted.

Return Timeline

Must be returned within 14 days after lease termination with an itemized written statement. Failure to provide itemization forfeits landlord's right to any deductions.

Where to Hold

Must be held in a separate interest-bearing account in a NY bank. Landlord must notify tenant of bank name and account. Buildings with 6+ units must pay interest annually.

Walk-Through Right

Tenant has the right to a pre-move-out inspection. Landlord must provide itemized deficiencies in advance so tenant can cure them before moving out.

Deductions Permitted

Unpaid rent, damage beyond normal wear and tear. Normal wear and tear is not deductible.

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Rent Stabilization & Control

Tenant Protection

Rent Stabilized Buildings

NYC buildings built before 1974 with 6 or more units are generally rent stabilized. Annual increases set by the NYC Rent Guidelines Board.

Rent Controlled Units

Applies to NYC tenants in pre-1947 buildings who have lived there continuously since before July 1, 1971. Maximum Base Rent adjusted by DHCR.

Right of Renewal

Rent stabilized tenants have the right to renew their lease. Landlord must offer renewal 90-150 days before lease expiration.

Preferential Rent

If landlord charges below legal regulated rent, the legal rent is the base for future increases — not the preferential rent (post-2019 HSTPA).

Individual Apartment Improvements (IAI)

Landlords may increase regulated rent for qualifying improvements, but increases are now capped at 1/168th of cost for buildings with 35+ units.

Outside NYC

Westchester, Nassau, Rockland, and other counties may have rent stabilization under the Emergency Tenant Protection Act (ETPA). Check local municipality.

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Eviction & Notice Requirements

Landlord Right

Nonpayment of Rent

14-day written demand for payment before filing nonpayment proceeding in Housing Court (RPL § 711).

Holdover / Lease Violation

10-day notice to cure for curable violations. After cure period, 30-day termination notice if not cured.

Month-to-Month Termination

30-day notice for tenants who have occupied less than 1 year; 60 days for 1-2 years; 90 days for 2+ years (HSTPA 2019).

Good Cause Eviction (NYC)

As of 2024, most NYC tenants have good cause eviction protections — landlords must have legitimate reason to not renew lease or evict.

Court Process

All evictions must go through Housing Court. Illegal lockouts are prohibited — tenant may seek immediate reinstatement and damages.

Right to Counsel

Low-income tenants in NYC Housing Court have the right to free legal representation in eviction proceedings.

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Habitability & Repairs

Tenant Protection

Warranty of Habitability

Landlords must maintain all units in habitable condition — heat, hot water, freedom from pests, structural integrity (RPL § 235-b). Any waiver is void.

Heat & Hot Water

NYC: Heat must be 68°F when outdoor temp drops below 55°F (Oct 1 - May 31, 6am-10pm); 62°F overnight. Hot water 120°F year-round.

Rent Reduction

Tenants may petition DHCR for rent reduction if services are reduced below required level in stabilized units.

HP Proceedings

Tenants may file an HP (Housing Part) proceeding in Housing Court to compel repairs. Court can order repairs and impose penalties on landlord.

Bedbug Disclosure

Landlords must disclose bedbug infestation history for the unit and building for the past year (NYC Admin Code § 27-2018.1).

Window Guards

NYC buildings: Landlords must install window guards in apartments where children under 11 reside, upon request or if known to landlord.

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Lease Requirements & Disclosures

Both Parties

Owner Disclosure

Landlord must disclose name and address of owner and managing agent in writing. Failure to disclose is a defense to eviction (RPL § 235-b).

Lead Paint Disclosure

Pre-1978 buildings require federal lead paint disclosure. NYC additionally requires annual lead paint notice and inspection for units with children under 6.

Smoke & CO Detectors

Landlords must install and maintain working smoke detectors and carbon monoxide detectors in all residential units.

NYC Lease Rider

NYC stabilized tenants must receive the standard lease rider explaining their rights under the Rent Stabilization Code.

Retaliation Prohibited

Landlord may not threaten, harass, or take adverse action against tenant for exercising legal rights (RPL § 223-b).

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Official State Resources

Reference Only

Official Handbooks & Guides

The following are official government and state bar resources. Leasova does not control or maintain these external links — always verify information directly with the source.

• NY Residential Tenants Rights Guide (NY Attorney General)
• NY Tenant Resources — HCR (NY Homes & Community Renewal)
• NYC Rent Guidelines Board (NYC RGB)

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