New York is an advantageous state for landlords, given its high average rent rates and opportunities for growth and appreciation. However, from a regulatory perspective, New York is often considered tenant-friendly due to the number and variety of laws regulating rental properties in the state. As a landlord in the Empire State, you're responsible for understanding these laws and regulations, following them, and seeking legal advice when disputes arise. In this article, we'll review the most prominent of these laws to get you started with your research.
New York state's landlord tenant laws can be found in the New York state law code. These laws cover everything from required disclosures to tenants to fair housing protections and rules for handling security deposits.
These laws are subject to change with each election cycle, and the list we provide below is not exhaustive. It's also important to note that we'll primarily be covering laws enforced by the state of New York — not New York City or any other municipality or locality in the state. Local laws may establish additional regulations, which may be stricter than the ones enforced at the state level. If you have questions about local laws in your area, be sure to seek appropriate legal guidance from a real estate lawyer.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
Good Cause Eviction Law (GCE): This law took effect on April 20, 2024. It applies to many unregulated ("market rate") apartments in NYC, and potentially to other municipalities in the state. It prevents landlords from evicting tenants without one of the "good causes" outlined in the statute.
New York Quick Facts
New York Required Disclosures
Lead-based paint Security deposit receipt Rent receipt Bedbugs Sprinklers Indoor air contamination Certificate of occupancy Reasonable accommodations Source of income rights
New York Rent and Fees
Application Fees: Not permitted Rent Control: Yes Late Fee Limit: $50 or 5% of monthly rent Grace Period Minimum: 5 days
New York Security Deposits
Amount Limit: 1 month’s rent Interest: Yes, if 6+ units Return Within: 14 days
New York Landlord Entry
Notice: N/A Permitted Times of Entry: N/A
New York Fair Housing Protections
Race Color National origin Religion Sex Familial status Disability Sexual orientation Gender identity Age Ancestry Military status Marital status Source of income Pregnancy Domestic violence victims
Rights and Responsibilities of New York Landlords and Tenants
New York landlords and tenants each have rights and responsibilities under the law. While the lease agreement is the first place landlords should look to settle disputes, keep in mind that lease terms are only enforceable insofar as they are compliant with New York's laws. When landlords prioritize their responsibilities and respect their tenants' rights under the law, better communication, retention, and overall tenant satisfaction will result.
Below is a brief overview of the rights and responsibilities of both landlords and tenants in New York.
New York landlords have the right to:
Collect rent as outlined in the lease agreement.
Collect and hold a security deposit for the lease term, within legal limits. In the state of New York, the security deposit limit is one month's rent.
Withhold funds from the deposit for unpaid rent, excessive damage, or outstanding fees.
Screen all residents of a rental unit, including those added after move-in.
Enter the rental unit with proper notice for inspections, repairs, and showings.
Initiate the eviction process if a tenant fails to pay rent, engages in illegal activity, or violates the lease. You can learn more about the New York eviction process here.
Establish and enforce lease terms related to pets, guests, parking, and other conditions, as long as they comply with applicable laws.
New York landlords are responsible for:
Providing safe, habitable housing, ensuring structural integrity, working utilities, and functional appliances.
Complying with all health, safety, and building codes, following local and state regulations. New York City's building codes can be found here.
Addressing maintenance and repair requests within a reasonable timeframe, typically 24-48 hours for emergencies and 30 days for non-urgent issues.
Adhering to fair housing laws, ensuring tenant screening and rental practices do not discriminate.
Providing reasonable advance notice before entering the rental unit for non-emergency purposes. Although New York does not require a specific notice period before entry, 24 hours' notice is typical.
Maintaining common areas, including hallways, parking lots, and shared facilities.
Paying property taxes and insurance premiums, even if costs are factored into rent.
Following the proper legal procedures for evictions, ensuring tenants are not removed without a court order.
Returning the security depositwithin 14 days after a lease ends.
New York tenants have the right to:
Live in safe, habitable housing, with functioning utilities, appliances, and no hazardous conditions.
Seek legal justice in cases of landlord negligence, harassment, or discrimination.
Receive prompt maintenance and repairs, with emergencies addressed within a reasonable timeframe.
Have privacy and security in their home, including working locks and protection from excessive landlord entry.
Receive advance notice before rent increases, lease terminations, evictions, or landlord entry.
Enjoy “quiet enjoyment” of the property without excessive disturbances or intrusion.
Be protected from retaliatory evictions for filing complaints or reporting unsafe conditions.
Use repair and deduct remedies in certain cases if the landlord fails to maintain the property.
New York tenants are responsible for:
Paying rent on time, including any late fees and agreed-upon utilities.
Complying with all lease terms, as long as they align with local laws.
Keeping the unit clean and in safe condition, including proper sanitation and waste disposal.
Reporting maintenance issues promptly, especially emergencies.
Making minor repairs, such as replacing batteries in smoke and carbon monoxide detectors.
Paying for damage caused by negligence, whether by the tenant or their guests.
Providing advance notice of non-renewal, if not planning to renew the lease.
Using the rental unit as intended, avoiding unauthorized business operations or other unapproved uses.
New York Required Disclosures
Required disclosures are certain information landlords are required by law to provide to tenants when entering a lease agreement. These disclosures usually have to do with the tenant's legal rights, hazards associated with the property, or policies the landlord will enforce.
Below are New York state's most important required disclosures:
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Security Deposit Receipt (NY GOB Code § 7-103(2)). Landlord disclosure requirements in New York oblige landlords to disclose in writing the name and address of the banking institution at which the security deposit is held, along with the deposit amount.
Rent Receipt (NY RPP Code § 235-E). Landlords must provide a receipt of all rent payments. The receipt should be in writing and include the date, amount, the property, the period for which it was paid, and the signature and title of the landlord.
Bedbugs (NYC HM Code § 27-2018.2). Landlords in New York City must provide a bedbug infestation history disclosure before move-in. The form indicates whether there has been a history of infestation within the past year and the eradication measures taken.
Sprinklers (NY RPP § 231-A). Landlords must include a boldface notice in all residential leases describing whether a maintained and operative sprinkler system exists in the unit. If there is one, the lease should include the date of its last maintenance and inspection.
Indoor Air Contamination (NY ENV Code § 27-2405). If indoor air contamination test results indicate that the indoor air quality poses a safety or health hazard, the landlord must inform tenants of these results within 15 days of receiving them.
Certificate of Occupancy (NY RPP Code § 235-bb). Landlords who own three or fewer rental units must disclose to tenants whether a certificate of occupancy is currently valid for the unit (if required by law) and include a copy of the valid certificate in lease agreements.
Reasonable Modifications and Accommodations (NY EXC Code § 170-d). All housing providers must provide, in writing within thirty days of new tenancies, a disclosure explaining tenants’ rights to request reasonable modifications and accommodations.
Source of Income Rights (NY EXC Code § 170-e). Landlords must inform tenants, in writing, of their rights and remedies regarding lawful source of income discrimination. This includes tenants eligible to receive Section 8 housing choice vouchers and other sources of housing assistance.
The state of New York does allow rent control, and several cities in the state have ordinances. This means, depending on where your property is located, there may be restrictions on how much you and increase rent and when. There is also a mandatory grace period for rent in New York, limits on fees that can be charged to tenants, and remedies on the tenants' side in case of landlord negligence.
Rent Payments
Due Date: Rent in New York is due on the date specified in the lease.
Electronic Payments: New York landlords may not require tenants to pay rent electronically, nor may they charge additional fees for tenants who choose not to use electronic payments (NY RPP Code § 235-G).
Rent Increases: Rent control is permitted in New York, and several municipalities have active rent control laws. Rent increases of 5% or greater must be communicated to tenants in writing. For tenancies less than one year, 30 days’ notice is required. For tenancies between one and two years, 60 days’ notice is required; for tenancies greater than two years, 90 days’ notice is required (NY RPP Code § 226-C).
Grace Period: There is a 5-day required grace period in New York (NY RPP Code § 238-A(2)).
Fees
Application Fees: Rental application fees are strictly prohibited in New York. An application fee is any payment, fee, or charge required for the processing, review, or acceptance of rental applications (NY RPP Code § 238-A(1a)). Fees to reimburse the costs of background and credit checks are permitted, but they must equal the actual cost of the checks or $20, whichever is less (NY RPP Code § 238-A(1b)).
Late Fees: Late fees in New York are limited to $50 or 5% of the monthly rent, whichever is less (NY RPP Code § 238-A(2)).
NSF/Bounced Check Fee Maximum: Issuing a bad check is a class B misdemeanor in New York (NY PEN Code § 190.05). If the tenant’s rent check bounces, landlords can usually charge a reasonable fee to cover the actual damages.
Tenant Remedies
Rent Deduction for Utilities: If a landlord refuses or fails to provide a utility or other maintenance service which they are responsible for as per the lease agreement, the tenant may pay the utility company and deduct the cost from a future rent payment (NY RPP Code § 235-A(1)).
New York Security Deposit Laws
Security deposits are highly regulated in most states. State laws determine how security deposits must be collected, stored, and returned to the tenant. In New York, security deposits are limited to one month's rent and must be returned within 14 days of the lease's end, sometimes accruing interest that must be returned to the tenant as well.
Interest: Landlords who own a property containing six or more family dwelling units must keep security deposits in an interest-bearing account. The deposit should earn interest at “the prevailing rate earned by other such deposits made with banking organizations in such area.” (NY GOL Code § 7-103(2-a)).
Deposit Location: New York landlords are required to keep security deposits in a separate bank account distinct from personal funds (NY GOL Code § 7-103(1)).
Withholding: New York landlords may withhold funds from the security deposit for unpaid rent, tenant damage beyond typical wear and tear, unpaid utility charges that are payable to the landlord, and the moving and storage of tenant belongings (NY GOL Code § 7-108(1b)).
New York Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
Tenants have legal protection against unfair housing practices in every state. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits unlawful discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:
Accepting or denying tenant applications
Choosing the methods they will use to screen tenants
Advertising units
Writing listings
Deciding to increase rent
Allocating rent credits or discounts
Providing maintenance and service to the property
Evicting tenants
etc.
What are the protected classes in New York?
The FHA specifically protects tenants from discrimination based on the following seven protected classes. This means that landlords cannot use a tenant's membership in any of the classes below to justify housing decisions:
Race
Color
Religion
Gender
National origin
Familial status
Disability
In addition to these federal protections, New York state law (NY EXC Code § 291(2), § 296(2a)) adds the following as protected classes:
Sexual orientation
Gender identity
Age
Ancestry
Marital status
Military status
Source of income
Pregnancy
Status as a victim of domestic violence
Landlords in New York may not discriminate or base housing decisions off of any of the above characteristics. Note that 'source of income' includes a tenant's status as a Section 8 Housing Choice Voucher holder. If a Section 8 tenant applies to your New York rental, you may not deny their application solely on the basis of their being part of the program (but denials can be based on failure to meet any of your other standard screening criteria, such as credit score or rental history).
Use of Credit Reports
New York landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
New York City has proposed several bills to restrict the use of criminal background checks during tenant screening. The Fair Chance for Housing Act would prohibit discrimination in housing on the basis of arrest or convictions record. It would also restrict landlords from considering charges that have been pardoned, overturned, or did not result in conviction.
In general, New York landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
New York state does not enforce any laws regulating how and when landlords can enter rental properties. However, landlords generally provide at least 24 hours' notice to tenants before entering their unit as a courtesy, except in cases of emergency.
Advanced Notice: There is no state law in New York requiring landlords to give advance notice before entering a property. However, municipal courts in New York City and other localities may require advanced notice.
Permitted Times: New York state law does not designate any time-of-day restrictions for entering.
Emergency Entry: There are no New York laws addressing emergency entry.
New York Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in New York, consider hiring an experienced real estate attorney and be sure to review the New York eviction process in more detail.
If you are going to pursue eviction in the state of New York, the first step will be sending a formal, written eviction notice. The type of notice you must send depends on the circumstances of the eviction:
Rent Demand Notice:14 days to pay or quit (NY RPA Code § 711(2)). This notice applies when the tenant fails to pay rent after the mandatory grace period.
Holdover Notices:
Notice to Cure: 10 days. If a tenant violates a lease term other than nonpayment, the landlord must first send a Notice to Cure, informing the tenant that they have ten days to fix the breach.
Termination Notice: 30 days to quit. If the tenant does not cure the breach after the Notice to Cure expires, the landlord must send a Termination notice providing 30 days to move out (NY RPA Code § 753(4)).
Notice to Quit: 10 days. This notice applies when the person the landlord is trying to evict is a non-tenant (e.g., a squatter).
Unconditional Notice to Quit: Immediate. This notice applies when the tenant engages in illegal activity on the premises, such as the illegal manufacture of substances or prostitution (NY RPA Code § 711(5)).
Squatters are individuals who move into a property without permission from the owner. Evicting squatters in New York, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in New York, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.
The average rent rate in New York is $1,695 per month.
In addition to the state-wide average rent price New York City has a median rent of $3,475 per month. This is $875 more than the average in 2021.
The average rent price Manhattan reports exceeded $5,000 in June of 2022.
New York City has two rent increase exceptions: the Senior Citizen Rent Increase Exemption (SCRIE) Program and the Disability Rent Increase Exemption (DRIE) Program. These exceptions allow tenants over the age of 62 or those with a disability to apply for a rent freeze. NYC tenants who meet the criteria may use a property tax credit to cover the amount of rent that exceeds the frozen rate. Landlords cannot prevent tenants from using the benefits of either program.
Conclusion
It's easy to be intimidated by New York's landlord-tenant laws, as there are many more regulations and tenant protections than in other states. However, understanding and following these laws is paramount. Not only does it help you avoid costly penalties and fees, but it will also help you strengthen your relationships with your tenants and maintain more open, longer-lasting tenancies.
FAQs
How much can a landlord charge for a security deposit in New York?
Landlords in New York cannot charge more than one month’s rent as a security deposit for residential leases. Additionally, landlords must return the deposit within 14 days of lease termination and provide an itemized statement if deductions are made.
Are there limits on rent increases in New York?
Yes, rent-stabilized units have strict limits on rent increases set by the Rent Guidelines Board. For non-stabilized units, landlords can increase rent freely, but if the increase is 5% or more, they must provide advance written notice—30 days for tenants of less than one year, 60 days for 1-2 years, and 90 days for over two years.
What notices must landlords give before evicting a tenant?
New York landlords must follow a formal eviction process, starting with a written notice. If the eviction is for nonpayment of rent, a 14-day notice to pay or quit is required. For lease violations, landlords must provide a 10-day notice to cure before proceeding with eviction.
What are the rules for late fees on rent in New York?
Landlords cannot charge a late fee until rent is at least five days late due to the state's five-day mandatory grace period. When a late fee is charged, it is capped at $50 or 5% of the rent, whichever is lower.
Are landlords required to provide heat and hot water in New York?
Yes, under the warranty of habitability, landlords must maintain essential services, including heat, hot water, and electricity. During the heating season in New York City (October 1 – May 31), landlords must keep apartments at a minimum temperature of 68°F during the day and 62°F at night.
Can a landlord enter a rental unit without permission in New York?
New York law does not specify a required notice period for landlords to enter a unit, but they should provide reasonable notice, typically 24 hours for non-emergency visits. However, in emergencies, landlords may enter without prior notice.
What disclosures must New York landlords provide to tenants?
Landlords must disclose lead-based paint hazards in properties built before 1978 and inform tenants if the unit is rent-stabilized. They also need to provide written notice for sprinkler system status and security deposit protections under state law. See the 'New York Required Disclosures' section above for other required disclosures in the state.
