Under New York law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under NY Real Property Law § 220-238A, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In New York, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to New York’s habitability requirements:
| Item | Has to Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | Only Smoke |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords are required to make necessary repairs in a timely manner. In New York, repairs must be made within a “reasonable time” (usually under 30 days) after getting written notice from tenants. If repairs aren’t made in a timely manner, New York tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, and sometimes can make repairs and deduct from the rent. Read more
Landlords in New York are permitted to evict tenants for the following reasons:
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
It’s illegal for New York landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
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 |
Early Termination: New York tenants are allowed to legally break a lease early for the following reasons:
If a New York tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
New York has rent control and state law allows local governments to create their own rent control laws. There are two categories of rent control in New York: rent control and rent stabilization and all mobile homes are protected by a 3% cap on rent increases (unless landlords can demonstrate a hardship).
Landlords cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
The maximum rent increase percentages change annually and depend on the location of the rental unit and whether it is protected by rent control or rent stabilization. Rent increases are typically limited to once every one or two years depending on the lease term and whether the rental unit is protected by rent control or rent stabilization.
Before increasing the rent, landlords must give 30, 60, or 90 days’ notice depending on the lease term.
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 some 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 and 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:
Tenants who believe they have been the victim of housing discrimination may file a complaint with the Division of Human Rights in person or online .
In addition to having laws that address general issues like repairs and security deposits, most states, including New York, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
New York landlords have the right to reasonably access a rental property for necessary repairs, showings of the rental unit to prospective tenants or buyers, and other terms that may be agreed in the lease. However, a landlord must give tenants “reasonable” notice (at least 24 hours, in most cases) before entry, unless it’s an emergency.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. To qualify as a small claim, the amount cannot exceed $3,000 if filed in a Town or Village Court, and $5,000 if filed in a City or District Court. The claim limit in New York City Small Claims Court is $10,000.
New York landlords must give the following mandatory disclosures:
New York state law prohibits landlords from locking tenants out, especially as a form of retaliation. Tenants are allowed to change their locks at will, but must usually provide copies of new keys to the landlord.
Many cities in New York have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
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.
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.
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.
Notwithstanding any contrary provision contained in any lease hereafter made or renewed which affects premises demised for residential use, or partly for residential and partly for professional use, the executor, administrator or legal representative of a deceased tenant under such a lease shall have the option to terminate such a lease upon notice given to the landlord. Such termination shall be effective as of the date on which the tenant’s estate notifies the landlord of its election to terminate and surrenders possession of the premises. Such termination option shall be accompanied by the written consent thereto of any co-tenant or guarantor of such lease. Nothing in this section shall be construed to relieve the tenant’s estate of liability for rent money or any debt incurred prior to the date of termination of the lease, including damages to the premises and any expenses the landlord may incur as a direct result of the tenant’s death, except that the tenant’s estate shall not be liable for damages or any other penalty for breach of inadequate notice as a result of terminating a lease under this section. Any notice or communication required or authorized to be given hereunder shall be sent by registered or certified mail, return receipt requested. This section shall not apply to a proprietary lease, viz.: a lease to, or held by, a tenant entitled thereto by reason of ownership of stock in a corporate owner of premises which operates the same on a cooperative basis. Any waiver of any part of this section shall be void as against public policy.
A landlord as defined in subdivision two of section two hundred eleven of this chapter shall append to or incorporate into any initial lease, renewal lease, notice required pursuant to paragraph (a) of subdivision one of section two hundred twenty-six-c of this article, notice required pursuant to subdivision two of section seven hundred eleven of the real property actions and proceedings law, or petition pursuant to section seven hundred forty one of the real property actions and proceedings law, the following notice: [notice omitted here for reasons of length, but available at the primary source link provided.]
Can a Landlord Enter Without Permission in New York? New York doesn't have specific laws regarding a landlord's access rights, which means the rental agreement usually controls terms of access. Otherwise, a landlord usually can enter without permission in emergencies, and for purposes reasonably related to the tenancy, like maintenance. Since renters have a right to quiet enjoyment of their property, the landlord usually has to provide advance notice before entering. Read more » Is New York a “Landlord Friendly” State? New York is not a landlord-friendly state because there are state-wide rent control policies and landlords have to give a large amount of notice before serving evictions. Rental prices are high, so being a landlord in New York may still be lucrative. Read more » What Are a Tenant’s Rights in New York? Tenants in New York have numerous rights, including the right to a habitable dwelling and the right to due process during eviction proceedings. The law allows tenants to sue landlords who violate housing standards or the rental agreement. Read more » Can a Tenant Change the Locks in New York? New York tenants can change their locks, as long as this isn't prohibited by the rental agreement and they provide copies of new keys to the landlord. Landlords are expressly forbidden from changing the locks as a form of "self help" eviction. Read more »
