Last reviewed: 2026-07-06 | By US Legal Brain Editorial Team
New York State offers some of the strongest tenant protections in the United States. Following the landmark Housing Stability and Tenant Protection Act of 2019 (HSTPA) and the more recent Tenant Safe Housing Act and Good Cause Eviction law (signed April 2024, phased in through 2025), renters across the state — from Manhattan high-rises to upstate apartments — enjoy robust legal safeguards. Whether you're signing your first lease in Buffalo, dealing with a difficult landlord in Brooklyn, or navigating rent stabilization in the Bronx, understanding your rights is the single most important step to protecting your home.
This guide walks you through the most important tenant rights in New York as of 2026, including how they apply to rent-stabilized units, market-rate apartments, and subsidized housing. It's designed to be practical: we focus on what you can actually do, not just what's written in the law.
The security deposit is one of the most common sources of landlord-tenant disputes. New York law has significantly tightened the rules to protect tenants from unfair deductions and delays.
Under New York Real Property Law § 7-108, landlords may collect a security deposit of no more than one month's rent. This applies to most residential tenancies, including rent-stabilized and market-rate apartments. Landlords cannot require additional "last month's rent" payments on top of a security deposit if the combined total would exceed one month's rent.
If a building has more than six units, the landlord must place the security deposit in an interest-bearing account at a New York banking institution. The tenant is entitled to receive the annual interest, minus a 1% administrative fee retained by the landlord. The landlord must provide the tenant with the name and address of the bank within 30 days of receiving the deposit.
After a tenant moves out, the landlord has 14 days to either return the full deposit or provide an itemized statement explaining any deductions along with the remaining balance. If the landlord fails to do this, they forfeit the right to keep any portion of the deposit — even if there was legitimate damage.
| Rule | NY Requirement |
|---|---|
| Maximum deposit | 1 month's rent |
| Return timeline | 14 days after move-out |
| Itemized statement | Required if any deductions are made |
| Interest | Required on buildings with 6+ units (minus 1% admin fee) |
| Normal wear and tear | Cannot be deducted from deposit |
New York's rent laws vary dramatically depending on whether your apartment is rent-stabilized, rent-controlled, or market-rate. Knowing which category you fall into determines how much your landlord can raise your rent and when.
Rent-stabilized units are subject to annual rent increase guidelines set by the Rent Guidelines Board (RGB). For leases beginning on or after October 1, 2025, one-year lease increases were set at 3.25% and two-year lease increases at 2.75% (rates are set annually; verify current rates on the RGB website). Rent stabilization applies to buildings with six or more units built before 1974 in New York City, and to many pre-1947 buildings statewide that received tax abatements.
Landlords cannot raise rent on a stabilized unit beyond the guideline amount, and "preferential rent" (a rent below the legal regulated amount) becomes the new base for future increases under the HSTPA.
For market-rate apartments outside of NYC's stabilization system, New York's Good Cause Eviction law (effective April 20, 2024, with coverage expanding through 2025) provides important protections. Under this law, landlords cannot refuse to renew a lease without a "good cause" reason, and rent increases above a specified threshold (tied to CPI-W, generally around 10% in recent years) are presumed unreasonable and can be challenged in court. The law covers tenants in buildings with 10 or more units where the landlord owns fewer than a certain number of units statewide, though exemptions exist for small landlords and newly constructed buildings.
Landlords may charge an application fee of no more than $20, which must reflect the actual cost of running a background or credit check. If the landlord already has a recent background check (within the past 3 years), they cannot charge the fee again. Charging more than $20 is a violation.
Late fees are capped at $50 or 5% of the monthly rent, whichever is less. Any lease provision requiring a higher late fee is unenforceable.
Your lease is the foundation of your rights as a tenant. New York law requires certain disclosures and prohibits several unfair lease terms.
Landlords must disclose:
Several common lease clauses are void under New York law, including:
Every residential tenant in New York has the right to a safe, clean, and livable apartment. This is known as the warranty of habitability, and it applies whether or not it's written into your lease.
Landlords must maintain:
Always make repair requests in writing and keep copies. Email, certified mail, or a tenant portal are all acceptable. If your landlord fails to act, you can:
If you make a good-faith complaint about housing conditions or join a tenants' association, your landlord cannot retaliate against you for one year. Retaliation includes eviction, rent increases, lease non-renewal, or service reductions. If retaliation occurs, the tenant can raise it as a defense in court and may be entitled to damages.
Landlords in New York cannot lock you out, shut off utilities, or remove your belongings. Only a court-ordered eviction executed by a marshal or sheriff is legal. "Self-help" evictions are a crime.
| Notice Type | When Used | Notice Period |
|---|---|---|
| 14-Day Rent Demand | Non-payment of rent | 14 days to pay or face eviction |
| 10-Day Notice to Cure | Lease violation (other than non-payment) | 10 days to fix the violation |
| 30/60/90-Day Notice | Non-renewal of lease (no cause) | Based on tenancy length: <1 yr = 30 days; 1-2 yrs = 60 days; >2 yrs = 90 days |
| Holdover Notice | Tenant remains after lease ends | Varies; typically 30 days |
If the tenant does not comply with the notice, the landlord can file a petition in Housing Court. The tenant will receive a "notice of petition and petition" and has the right to appear and raise defenses. Common defenses include:
If the landlord wins, only a city marshal (NYC) or county sheriff (elsewhere) can carry out the eviction. Lockouts by landlords are illegal and tenants can sue for damages.
New York's Human Rights Law and the federal Fair Housing Act prohibit discrimination in housing based on:
In 2026, source-of-income discrimination protections are fully enforced statewide. A landlord who refuses to rent to you because you use a housing voucher is violating the law. Complaints can be filed with the NYS Division of Human Rights or HUD.
Tenants with disabilities can request reasonable accommodations (such as a service animal, even in "no pets" buildings) or reasonable modifications (like grab bars). The landlord must engage in an interactive process and cannot refuse without a legitimate, documented reason.
New York law protects a tenant's right to form or join a tenants' association. Landlords cannot harass, evict, or penalize tenants for organizing. In many buildings, tenant associations have successfully negotiated repairs, challenged rent increases, and prevented harassment.
Additionally, the Right to Counsel law guarantees free legal representation in Housing Court for low-income tenants facing eviction in NYC, and similar programs have expanded in other parts of the state.
New York offers significant protections for tenants who are victims of domestic violence, stalking, or sexual assault:
If you believe your rights have been violated, here's a practical action plan:
Generally, no. While New York State law does not specify an exact notice period, courts have consistently held that landlords must provide reasonable notice — typically 24 hours — before entering a tenant's unit, except in genuine emergencies (such as a fire, flood, or gas leak). Entry must be at a reasonable time and for a legitimate purpose such as repairs, inspections, or showing the unit to prospective tenants or buyers. A landlord who repeatedly enters without notice may be guilty of harassment.
It depends on your apartment type. For rent-stabilized units, annual increases are set by the Rent Guidelines Board (recently around 3% for one-year leases). For market-rate apartments covered by the Good Cause Eviction law, increases above a CPI-W-linked threshold (roughly 10% in recent years) are presumed unreasonable and can be challenged. For market-rate apartments not covered by Good Cause, there is no statutory cap, though landlords must still provide proper notice (30, 60, or 90 days depending on tenancy length) before raising rent.
Landlords may deduct for unpaid rent, damage beyond normal wear and tear, and costs to restore the unit to its move-in condition (excluding ordinary wear). They cannot deduct for routine painting, minor scuffs, or carpet replacement due to normal use. The landlord must provide an itemized statement within 14 days of move-out; failure to do so forfeits their right to keep any of the deposit.
No. Retaliatory eviction is illegal in New York. If you make a good-faith complaint to a government agency, your landlord, or a tenants' association about housing conditions, your landlord cannot evict you, raise your rent, or reduce services in retaliation for at least one year after the complaint. If you're served with eviction papers shortly after a complaint, raise retaliation as a defense in Housing Court — it is a complete defense to the proceeding.
The Good Cause Eviction law, effective April 2024 with expanded coverage through 2025, applies to many tenants in buildings with 10 or more units where the landlord does not own an excessive portfolio statewide. Exemptions include owner-occupied small buildings, newly constructed buildings (typically within 15 years), rent-stabilized units (which already have strong protections), and subsidized housing. Check with a local tenant rights organization or attorney to confirm whether your specific unit is covered.
First, send a written demand via certified mail with return receipt, citing New York Real Property Law § 7-108 and the 14-day requirement. If the landlord still doesn't respond, you can file a claim in Small Claims Court (up to $10,000 in NYC, $5,000 elsewhere in NY State). If the landlord acted in bad faith, you may be entitled to double the deposit as damages. Keep all documentation — your lease, move-in/move-out checklists, photos, and correspondence.