New York Tenant Rights

New York State enacted Good Cause Eviction protections effective April 2024 (codified in Real Property Law Article 14), which apply in New York City to most residential tenants not already covered by rent stabilization. Under this law, landlords cannot evict tenants or refuse lease renewals without 'good cause,' which includes nonpayment of rent, violation of lease terms, nuisance behavior, or the landlord's personal need for the unit. For tenants who have lived in a unit for more than two years (or have a lease of two or more years), the landlord must demonstrate good cause in court to remove them. Rent increases that are considered 'unreasonable' can also be challenged as a form of constructive eviction. A rent increase is presumed unreasonable if it exceeds the lesser of 10% or the Consumer Price Index plus 5% within any 12-month period. This law provides a critical safety net for tenants in unregulated apartments who previously had minimal protection against arbitrary eviction or displacement through excessive rent hikes.

In New York, a landlord can only bring an eviction proceeding (called a 'summary proceeding') against you for specific legal reasons. The most common grounds are nonpayment of rent and holding over after your lease expires. For nonpayment, the landlord must first serve you with a 14-day written demand for rent before filing in court. For holdover cases, the landlord must provide the required notice period based on the length of your tenancy. You always have the right to appear in court and present your defenses, and a landlord can never evict you without a court order.

Under New York State law, which applies throughout New York City, landlords are limited to collecting a maximum security deposit equal to one month's rent. This rule, strengthened by the Housing Stability and Tenant Protection Act of 2019, eliminated the prior practice of landlords collecting larger deposits. Landlords must hold the security deposit in a New York State banking institution and, for buildings with six or more units, must place deposits in interest-bearing accounts, with tenants entitled to the accrued interest (minus a 1% administrative fee the landlord may retain). When a tenant vacates, the landlord must return the deposit, along with an itemized statement of any deductions, within 14 days. Landlords may only deduct for actual damages beyond normal wear and tear. If the landlord fails to provide the itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit. Collecting any fee or deposit beyond one month's rent as a condition of renting is prohibited, including last month's rent in advance.

When you move out of your rental, your landlord must return your security deposit within 14 days, along with an itemized statement of any deductions. If your landlord does not provide the itemized statement within 14 days, they must return the full deposit. Your landlord must keep your deposit in a New York banking institution and, for buildings with six or more units, in an interest-bearing account with the interest belonging to you minus a small administrative fee. Your landlord cannot commingle your deposit with their personal funds.

New York City's Housing Maintenance Code imposes extensive obligations on landlords to keep residential buildings and individual apartments in good repair and free from conditions that endanger the health, safety, and well-being of occupants. Landlords must maintain all building systems, including plumbing, heating, electrical, and structural components. They must provide heat (at least 68 degrees when the outside temperature falls below 55 degrees during the day, and at least 62 degrees at night) and hot water at a minimum of 120 degrees Fahrenheit at all times. The NYC Department of Housing Preservation and Development (HPD) enforces the code through inspections and can issue violations ranging from Class A (non-hazardous) to Class C (immediately hazardous). Tenants can call 311 to file complaints, and HPD can impose civil penalties on landlords who fail to correct violations. In severe cases, the city can make emergency repairs and bill the landlord, or even place the building under alternative management.

Every residential lease in New York includes an implied warranty that the landlord will keep the property in a condition that is fit for human habitation and will not do anything to destroy or impair the tenant's use of the premises. This means your landlord must ensure the building and your unit meet basic health and safety standards, including adequate heat, hot water, working plumbing, and freedom from pests or hazardous conditions. You cannot waive this right in your lease. If your landlord violates the warranty, you may be entitled to a rent reduction or abatement for the period during which the conditions existed.

New York law requires landlords to provide advance written notice before increasing rent, with the notice period based on how long you have lived in the unit. If you have occupied the unit for less than one year, or have a lease term of less than one year, the landlord must give at least 30 days' notice before a rent increase takes effect. If you have lived there for one to two years, 60 days' notice is required. If you have been in the unit for two or more years, the landlord must provide at least 90 days' notice. These notice requirements apply to all residential tenants statewide, including month-to-month tenants and tenants whose leases are being renewed at a higher rent. New York does not have a statewide rent cap for market-rate apartments, but some localities — most notably New York City — have rent stabilization and rent control programs that impose additional limits on how much rent can increase. If you live in a rent-stabilized or rent-controlled unit, the allowable rent increase is set by the local rent guidelines board and may be significantly lower than what a market-rate landlord could charge. Even in market-rate units, a landlord cannot raise rent during a fixed-term lease unless the lease specifically permits it. If your landlord raises your rent without giving the required notice, the increase is not effective until the proper notice period has passed.

If you live in a building with four or more units, you have the right to request your landlord's consent to sublet your apartment. Your landlord cannot unreasonably withhold consent. You must send a written request to your landlord by certified mail, including the name of the proposed sublessee, their business and home address, your reason for subletting, your address during the sublet period, the term of the proposed sublease, and a copy of the proposed sublease. Your landlord has 30 days to respond, and if they fail to respond within that time, consent is deemed granted.

If you have lived in your rental for less than one year or have a lease for less than one year, your landlord must give you at least 30 days' notice before terminating your tenancy or substantially changing the lease terms (including rent increases). For tenancies of one to two years, 60 days' notice is required. For tenancies of two or more years, 90 days' notice is required. This gives you time to plan your next move or negotiate with your landlord. These notice periods apply whether you have a written lease or a month-to-month tenancy.

New York's Human Rights Law prohibits discrimination in housing based on age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, marital status, lawful source of income, familial status, domestic violence victim status, or any lawful occupation. This means a landlord cannot refuse to rent to you, set different terms, or treat you differently because of any of these protected characteristics. Source of income is specifically protected, which means landlords cannot refuse to accept housing vouchers (like Section 8) or other forms of lawful income. You can file a complaint with the New York State Division of Human Rights.

New York State law, applicable in New York City, protects tenants from landlord retaliation when they exercise their legal rights. A landlord may not commence eviction proceedings, substantially alter the terms of the tenancy, or reduce services within six months of a tenant making a good-faith complaint to a government agency about housing code violations, joining or organizing a tenant association, or exercising any other legal right related to the tenancy. If a landlord takes adverse action within this six-month window, courts will presume the action is retaliatory unless the landlord can prove a legitimate non-retaliatory reason. Retaliatory actions include raising rent above what is otherwise permissible, reducing building services, filing baseless eviction actions, or refusing to renew a lease. The burden shifts to the landlord to demonstrate that the adverse action was not motivated by the tenant's protected activity. Tenants who successfully assert retaliation as a defense may recover damages and the court may award attorney's fees and costs.

Your landlord cannot retaliate against you for making a good faith complaint about housing code violations to a government agency, or for taking legal actions to enforce your rights as a tenant. Retaliation includes attempting to evict you, substantially changing the terms of your tenancy, or reducing services. If your landlord takes retaliatory action within six months of your complaint, it is presumed to be retaliatory, and the landlord bears the burden of proving otherwise. This protection is critical because it allows you to report unsafe conditions without fear of losing your home.

While New York state law does not specify a single statute with exact notice-period requirements for landlord entry, tenants have a well-established right to quiet enjoyment of their premises. Landlords may not enter a tenant's dwelling without reasonable notice and consent except in genuine emergencies (fire, gas leak, flooding). Court decisions have held that landlords must generally provide at least 24 hours' advance notice for non-emergency access. Unauthorized or repeated entry without permission may constitute trespass and harassment. Tenants can call the police if a landlord enters without notice. In New York City, the Housing Maintenance Code (NYC Admin. Code § 27-2008) further requires landlords to provide notice before entering for inspections or repairs. Persistent unauthorized entry can be grounds for a harassment claim at housing court.