New York Landlord Tenant Rights

New York Landlord Tenant Rights

Last Updated: August 15, 2022

New York rental agreements can be either written or oral. If a rental agreement exists and is valid, New York law (NY Real Property Law Sec. 220-238A) states that landlords have certain rights, such as the right to receive timely rent and the right to be reimbursed for damages that exceed normal wear and tear.

Tenants also have certain rights, such as the right to a habitable premises and protection from illegal retaliation.

Note: These rights exist regardless of a rental agreement stating otherwise.

Questions? To chat with a New York landlord tenant attorney, click here

Landlord Responsibilities in New York

In New York, landlords must provide a habitable dwelling for tenants and must respond to repair requests in a “reasonable” timeframe. If they do not, then New York tenants have the right to take at least two forms of alternative action. They can withhold rent entirely or they can make the repairs themselves and deduct the cost from the following month’s rent.

Here is a list of essential amenities that New York landlords are or are not responsible for providing.

Item Landlord Responsibility?
Water Yes
Waterproofing on ceilings, walls, and floors Yes, multi-family units
Plumbing/sanitation Yes, multi-family units
Electrical outlets and wiring Yes, multi-family units
Mailbox Yes
Gas lines Not addressed
Lockable windows and doors Yes, 8 rental units or more
Smoke Detector Yes
Carbon monoxide detector Yes, multi-family units

Landlords are not permitted to evict tenants in retaliation for exercising their housing rights (i.e., filing a health and safety complaint with the local housing authority).

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Tenant Responsibilities in New York

Apart from paying rent in a timely manner, New York tenants must:

  • Keep the unit clean and free from trash.
  • Make small repairs and maintenance.
  • Inform landlord of any repair or maintenance issue.
  • Keep fixtures clean and sanitary.
  • Not disturb other tenants or neighbors.

Evictions in New York

Landlords in New York are empowered to evict tenants for the following reasons:

  1. Nonpayment of Rent – If a tenant fails to pay rent then the landlord may issue a 14-Day Notice to Pay, after any applicable grace period. If the tenant still does not pay, then the landlord may begin formal eviction proceedings.
  2. Lease Violation – If a lease violation occurs then the landlord may issue a 10-Day Notice to Comply. If the issue is not fixed within 10 days, then the landlord can issue a second notice, 30-Day Notice to Quit and the tenant will need to move out. If the tenant does not vacate the property, then the landlord may begin formal eviction proceedings.
  3. No Lease/ End of Lease – If the rental term has ended and the tenant remains on the property, the landlord may provide a notice to quit. The amount of notice depends on the length of the tenancy.
    • Lease Terms or Tenancies Less Than One Year – 30-Day Notice to Quit.
    • Lease Terms or Tenancies More Than One Year (or Less Than Two Years)– 60-Day Notice to Quit.
    • Lease Terms or Tenancies More Than Two Years –90-Day Notice to Quit.
  4. Illegal Acts – New York landlords have broad authority to determine which illegal activities warrant eviction. New York tenants can face immediate eviction if the landlord has documentation of illegal activities occurring on the premises. No notice is required.

It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.

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Security Deposits in New York

  • Standard Limit/Maximum Amount – 1 month’s rent.
  • Time Limit for Returns – 14 days.
  • Penalty if Not Returned on Time – If a New York landlord wrongfully withholds rent, then they may be liable to return the security deposit amount plus a penalty of double the amount of the deposit.
  • Allowable Deductions – Unpaid rent, damages that exceed normal wear and tear, unpaid utility charges (provided in the lease), and cost of storing/moving tenant’s belongings.

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Lease Termination in New York

Notice Requirements. If a New York tenant on a periodic lease wishes to break the lease, then they must give the following amounts of notice:

Rent Payment Frequency Notice Needed
Week-to-Week No statute
Month-to-Month 30 days
Quarter-to-Quarter No statute
Year-to-Year No statute
Questions? To chat with a New York landlord tenant attorney, click here

Early termination. New York tenants are allowed to legally break a lease early for the following reasons:

  1. Early termination clause.
  2. Active military duty.
  3. Uninhabitable unit.
  4. Landlord harassment.
  5. Domestic violence and stalking.
  6. Senior citizens and serious health issues.

Current law does not require landlords to make a reasonable effort to re-rent a unit so tenants may be required to keep paying if they vacate the premises. Landlords do have an obligation to mitigate damages in such a situation, though this depends on the specific circumstances.

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Rent Increases & Related Fees in New York

  • Rent Control. New York has statewide rent control policies and different municipalities can partake in a “rent stabilization” program. Under these programs, local jurisdictions are empowered to set local rental prices for units built after 1971.
  • Rental Increases. In the state of New York, landlords must provide tenants with an advance notice if the rent will increase by 5% or more.
  • Rent-Related Fees. Late fees are limited by the state ($50 or 5% of the monthly amount) and returned check fees are capped at $20 per instance, but only if it is included in the lease agreement.

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Housing Discrimination in New York

Protected groups. The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, sex, disability, religion, national origin, or familial status. This rule does not apply to owner-occupied homes or homes operated by religious organizations. New York state law adds additional protections for tenants on the basis of age, marital status, military status, sexual orientation, and gender identity.

Discriminatory acts & penalties. The New York State Division of Human Rights handles housing discrimination complaints in the state. The following behaviors have been identified as potentially discriminatory when directed at a member of a protected group:

  • Refusing to rent, sell, or lease housing
  • Applying different terms, conditions, or privileges
  • Advertising that indicates discriminatory preferences
  • Using applications that directly or indirectly put limits on preferences for prospective tenants
  • Providing different treatment to tenants that use a service or emotional support animal
  • Retaliating against tenants who testify against their landlord
  • Falsely denying housing availability
  • Failing to make reasonable accommodations

Tenants who believe they have been the victim of housing discrimination may file a complaint with the Division of Human Rights, either online or through one of the Department’s regional offices which can be found in this guide.

Additional Landlord Tenant Regulations in New York

Landlord Right to Entry in New York

Tenants are required to give the landlord reasonable access to the property to make necessary repairs, to show the rental unit to prospective tenants or buyers, and any other circumstances in accordance with the lease agreement. However, a landlord must give tenants “reasonable” notice (i.e., 24 hours’ notice) unless it’s an emergency.

Small Claims Court in New York

New York small claims court will hear rent-related disputes. In New York City, a claim can be made up to $10,000. If the property is located in Nassau County, Suffolk County, or outside of New York City, you can sue up to $5,000 in City Courts or $3,000 in Town and Village Courts.

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Eviction cases are not handled by the small claims court system. More info on the state’s court system can be found here.

Mandatory Disclosures in New York

New York landlords must give the following mandatory disclosures:

  1. Lead-Based Paint – Landlords who own homes built before 1978 must provide info about concentrations of lead paint.
  2. Security Deposit Holdings – New York landlords must disclose the location of any security deposits they maintain over the course of the tenant’s lease.
  3. Operative Fire Sprinkler System – If the property has 3 or fewer rental units, the lease must include a conspicuous notice regarding if the property has a functioning operative fire sprinkler system.
  4. Certificate of Occupancy – For any rental unit with three or fewer rentals, a landlord shall provide a conspicuous notice of a Certificate of Occupancy.
  5. Bed Bugs – If a rental unit is located in New York City, the landlord must disclose a one-year history of bed bug infestation.
  6. Stovetop Protections Notice – In New York City, landlords must provide an annual notice to each tenant regarding the landlord’s obligation to provide permanent stove safety knobs with integrated locking mechanism or stove knob covers. This applies to multi-units only.
  7. Signed Lease Agreement –For rent stabilized units in New York City, the landlord must provide the tenant with a copy of the signed lease agreement within 30 days of tenancy.

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Changing the Locks in New York

New York state law prohibits lockouts, especially as a form of retaliation. It is unclear whether tenants are allowed to change the locks as it is not addressed in New York’s landlord-tenant laws.

Local Laws in New York

New York City Landlord Tenant Rights

New York City has several local laws and regulations for landlords and tenants. For example, many NYC units are covered under rent stabilization ordinances which set restrictions on rental prices. NYC also has additional disclosure requirements such as bedbug history. This guide contains more information about NYC’s various housing regulations.

Buffalo Landlord Tenant Rights

The city of Buffalo has laws that protect tenants from discrimination on the basis of gender identity, immigration status, and lawful source of income. This legislation also prevents landlords from denying tenants on the basis of receipt of disability benefits, veteran’s benefits, or other government subsidies and non-wage income.

Syracuse Landlord Tenant Rights

Syracuse maintains an official definition for “reasonable” as it relates to the legal return of a tenant’s security deposit. New York state interprets this ordinance as giving landlords 2 weeks to return a deposit. This policy is not open to interpretation. More information can be found here.

Yonkers Landlord Tenant Rights

Yonkers requires all landlords to provide in-unit heating during certain parts of the year. City code mandates heating capable of 68 degrees-F in all rooms from September 15 to May 31 each year. The official statement can be found here.

Please check your local county and municipality for additional landlord-tenant regulations.

Questions? To chat with a New York landlord tenant attorney, click here