At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 1 month's rent | Housing Stability and Tenant Protection Act of 2019 (HSTPA) |
| Rent control? | Yes | NYC has rent stabilization; statewide protections under HSTPA 2019 |
| Required notice to raise rent? | 30, 60, or 90 days | Varies by tenancy length and increase amount |
| Lease required in writing? | Yes, for leases > 12 months | Month-to-month can be oral |
| Landlord entry notice? | No statute | Reasonable notice implied by courts |
Security Deposits
New York law strictly limits security deposits and sets clear rules for their return under the Housing Stability and Tenant Protection Act of 2019 (HSTPA).
Security deposits are capped at one month's rent. Landlords may not collect any additional deposits, fees, or charges beyond the first month's rent and one month's security deposit at the start of a tenancy.
Landlords must return the deposit within 14 days of the tenant vacating the unit, along with an itemized statement of any deductions. The deposit must be held in a separate interest-bearing account, and the landlord must notify the tenant of the bank name and address where the deposit is held.
cite: N.Y. Gen. Oblig. Law § 7-103 et seq.
Eviction Procedures
New York requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 14-Day Demand for Rent: For nonpayment of rent, landlord must serve a written demand giving the tenant 14 days to pay
- 30-Day Cure Notice: For lease violations, tenant must be given a notice to cure with at least 30 days to correct the violation
- 30-Day Termination Notice: For month-to-month tenancies (tenant has resided less than 1 year)
- 60-Day Termination Notice: For tenancies of 1–2 years
- 90-Day Termination Notice: For tenancies of 2 or more years
Just Cause Eviction
In New York City and certain other jurisdictions, just cause eviction protections apply. Under the HSTPA, landlords of rent-stabilized units must have good cause to refuse lease renewals. Good cause eviction laws have expanded to additional municipalities, requiring landlords to demonstrate a legitimate reason to remove tenants, such as:
- At-fault causes: Nonpayment of rent, violation of lease terms, nuisance, illegal use of the premises
- No-fault causes: Owner move-in, building demolition or substantial renovation (with restrictions)
cite: N.Y. Real Prop. Acts. & Proc. Law § 711
Rent Control
New York has both rent control and rent stabilization programs, primarily in New York City and surrounding counties.
Rent Stabilization (NYC)
Rent-stabilized apartments are subject to annual increases set by the Rent Guidelines Board. The HSTPA of 2019 significantly strengthened tenant protections by:
- Eliminating vacancy decontrol (units can no longer leave stabilization when vacated)
- Limiting vacancy increases and Individual Apartment Improvements (IAI) increases
- Making rent stabilization permanent (previously required periodic renewal)
Statewide Protections
Outside of rent-stabilized areas, New York does not impose statewide rent caps. However, the HSTPA enhanced notice requirements for rent increases exceeding 5% and extended protections to tenants across the state.
cite: N.Y. Real Prop. Law § 226-b
Lease Agreements
New York does not require a written lease for tenancies of 12 months or less. However, any lease for longer than 12 months must be in writing to be enforceable under the Statute of Frauds. Rent-stabilized tenants are entitled to a written lease and lease renewals.
Required Disclosures
New York landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Bed bugs: Bed bug infestation history for the prior year
- Sprinkler system: Whether the building has a working sprinkler system
- Smoke and carbon monoxide detectors: Presence and maintenance responsibilities
- Flood zone: Whether the property is in a designated flood zone (NYC)
- Window guards: Availability upon request (NYC, buildings with children under 10)
- Air quality: Indoor air quality information for NYC buildings
cite: N.Y. Real Prop. Law § 231 et seq.
Tenant Rights
New York provides broad protections for tenants:
- Habitability: Landlords must maintain rental units in habitable condition under the implied warranty of habitability, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as filing complaints about housing code violations
- Discrimination protection: The New York State Human Rights Law prohibits discrimination based on race, religion, sex, sexual orientation, gender identity, disability, familial status, marital status, age, and other protected categories
- Right to privacy: Although no specific statute mandates a notice period, courts have held that landlords must provide reasonable notice before entering a tenant's unit
- Rent overcharge recovery: Tenants in rent-stabilized apartments can challenge and recover rent overcharges with expanded lookback periods under the HSTPA
- Right to organize: Tenants have the right to form or join tenant organizations