New York Tenant-Landlord Rental Laws & Rights for 2024

An Overview of Tenant-Landlord Laws in New York

Navigating the complex landscape of rental housing in New York requires a thorough understanding of the state's tenant-landlord laws. These laws are designed to balance the rights and responsibilities of both tenants and landlords, ensuring fair and equitable treatment in rental agreements. Governed by a combination of state statutes, local ordinances, and court rulings, New York's tenant-landlord laws cover a wide range of issues, including security deposits, rent control, maintenance responsibilities, eviction procedures, and squatters' rights.

New York's rental market is particularly unique due to its rent control and rent stabilization laws, especially prevalent in New York City. These regulations aim to protect tenants from excessive rent increases while providing landlords with a framework for maintaining their properties. Understanding these rules is essential for both tenants seeking to safeguard their housing stability and landlords looking to comply with the law.

The state also imposes strict guidelines on the handling of security deposits, ensuring that tenants' funds are protected and returned promptly upon the termination of the lease, barring any legitimate deductions. Maintenance responsibilities are clearly outlined, requiring landlords to provide habitable living conditions and address necessary repairs in a timely manner. Conversely, tenants are obligated to maintain their rental units and adhere to the terms of their lease agreements.

Eviction procedures in New York are heavily regulated to protect tenants from unlawful evictions and ensure due process. Landlords must follow specific legal steps, including providing proper notice and obtaining a court order before removing a tenant. Additionally, squatters' rights under New York law allow individuals to claim ownership of a property under certain conditions, adding another layer of complexity to property management.

This article delves into the intricacies of New York tenant-landlord laws, offering a comprehensive guide to understanding the legal framework that governs rental relationships in the state. Whether you are a tenant seeking to know your rights or a landlord aiming to manage your property within the bounds of the law, this overview will provide valuable insights into the dynamics of rental housing in New York.

Types of Housing

New York has a diverse range of housing options available to renters, including rent-regulated, non-regulated, government-financed, and special types of housing. Understanding the different types can help tenants make informed decisions and know their rights.

Rent-regulated housing includes units subject to rent control or rent stabilization laws. Rent-controlled units have maximum allowable rents and strict rules on rent increases and evictions, but this applies to a dwindling number of very old units. Rent-stabilized units have regulated rent increases and protections against arbitrary evictions.

Non-regulated or market-rate housing has no restrictions on rent increases or evictions, but landlords must still follow basic housing laws.

Government-financed housing, such as public housing, Section 8 vouchers, and Mitchell-Lama developments, provide affordable options for low-income renters through subsidies and income restrictions.

Special housing types include lofts (former commercial spaces converted to residences), co-ops (tenant-owned buildings with shares), and other unique living arrangements with specific rules and regulations.

Knowing the type of housing you're renting is crucial, as it determines the landlord-tenant laws and rights that apply to your situation.

Leases

In New York, all residential leases for a term of more than three months must be in writing. Verbal agreements are only valid for short-term rentals of three months or less. A written lease must include certain required provisions, such as the names of the landlord and tenant, a description of the rental unit, the term of the lease, the rent amount, and any other specific conditions.

Leases typically run for one year, but landlords may offer shorter or longer terms as well. When a lease expires, the tenant has the option to renew for another fixed term or remain as a month-to-month tenant. Month-to-month tenancies continue indefinitely until either the landlord or tenant provides notice to terminate.

For lease renewals, landlords must offer the same terms and conditions as the expired lease, unless there is a specific justification for changing provisions. Any changes must be communicated in writing with proper notice, typically 30-90 days before the renewal date. Tenants have the right to accept or reject the renewal terms.

Month-to-month tenancies provide more flexibility but less security. Either the landlord or tenant can terminate the agreement by giving one full month's notice before the next rent due date. However, landlords cannot abruptly end a month-to-month tenancy without proper notice or cause.

It's important for tenants to thoroughly review their lease agreement and understand their rights and responsibilities before signing. Reputable landlords should provide a copy of the fully executed lease for the tenant's records.

Security Deposits in New York

Security deposits in New York are a critical aspect of rental agreements in New York, providing landlords with a financial safeguard against potential damages or unpaid rent, while offering tenants protections to ensure fair handling of their funds. New York state law outlines specific rules and guidelines that govern the collection, use, and return of security deposits, aiming to balance the interests of both parties.

Collection and Amount

In New York, the maximum allowable security deposit for residential properties is typically one month's rent. This limit applies to all types of rental agreements, including those for rent-stabilized and market-rate apartments. The security deposit is collected at the beginning of the tenancy and serves as a financial cushion for the landlord to cover any damages or unpaid rent that may arise during the lease term.

Use of Security Deposits

Landlords are required to keep security deposits in a separate, interest-bearing bank account within New York State. The tenant is entitled to the interest earned on this deposit, minus a 1% administrative fee that the landlord may retain. The primary purpose of the security deposit is to cover any damages beyond normal wear and tear, unpaid rent, or other lease violations. It cannot be used by the landlord for routine maintenance or minor repairs.

Return of Security Deposits

Upon termination of the lease, landlords must return the security deposit to the tenant within 14 days. Along with the return of the deposit, landlords are required to provide an itemized statement detailing any deductions made for damages, unpaid rent, or other legitimate charges. If the landlord fails to return the deposit or provide the itemized statement within this timeframe, the tenant may be entitled to the full return of their security deposit.

Disputes and Tenant Rights

Tenants have the right to dispute any deductions they believe are unjustified. Documenting the condition of the rental unit at both move-in and move-out through photographs or video can provide evidence in case of a dispute. If a tenant believes their deposit was wrongfully withheld, they can seek resolution through small claims court or local housing authorities.

Recent Legislative Changes

The Housing Stability and Tenant Protection Act of 2019 introduced several key changes to security deposit regulations in New York. Notably, it reduced the allowable security deposit to one month's rent for all rental properties and established clearer guidelines for the return of deposits and itemized statements. These changes aim to enhance tenant protections and ensure more transparency in the handling of security deposits.

Rent Stabilization and Rent Control in New York

New York's rent control and rent stabilization laws are among the most comprehensive and complex in the United States, primarily affecting New York City but also applicable in other parts of the state under certain conditions. These laws are designed to protect tenants from significant rent increases and to provide them with stable and affordable housing options.

Rent Control

Rent control in New York applies to buildings constructed before February 1947 and occupied by tenants continuously since before July 1, 1971. Under rent control, landlords can only raise rents by amounts determined by the local Rent Guidelines Board, which sets annual rent increase limits. These limits are based on factors such as the building's operating costs and inflation. Rent-controlled tenants enjoy significant protections, including the right to a lease renewal and succession rights, allowing family members to continue the lease under specific conditions.

Rent Stabilization

Rent stabilization covers buildings with six or more units constructed between February 1, 1947, and December 31, 1973. It also includes buildings constructed or extensively renovated after 1974 with tax benefits such as the J-51 or 421-a programs. Rent stabilization provides tenants with rights to lease renewals and limits on rent increases, which are set annually by the Rent Guidelines Board. The board considers economic factors, such as the cost of living and maintenance costs, when determining permissible rent increases.

General Rent Regulations

Outside of rent-controlled and rent-stabilized units, landlords in New York have more flexibility to set rental rates based on market conditions. However, they are still required to follow specific legal procedures regarding notice for rent increases and lease renewals. For example, in most cases, landlords must provide tenants with at least 30 days' notice for a rent increase if the tenant has lived in the unit for less than a year or has a lease term of less than a year. For longer tenancies or lease terms, a 60 or 90-day notice period is required.

Recent Legislative Changes

Recent legislative changes, particularly the Housing Stability and Tenant Protection Act of 2019, have strengthened tenant protections and made it more challenging for landlords to deregulate units. This act also introduced more stringent requirements for rent increases, security deposits, and tenant eviction processes, further enhancing tenant rights across the state.

Lease Succession or Termination

When it comes to subletting, assigning leases, succession rights, and termination rights, New York tenants have certain legal protections. Subletting refers to a tenant re-renting their unit to someone else while remaining on the lease. In New York, tenants have the right to sublet with the landlord's reasonable consent, which cannot be unreasonably withheld. Landlords can charge a reasonable fee for subletting.

Lease assignment involves transferring the entire lease to a new tenant. Like subletting, this requires the landlord's reasonable consent. Landlords cannot unreasonably refuse an assignment request.

Succession rights allow remaining family members to take over a lease after the tenant of record passes away or permanently vacates. This helps prevent displacement of remaining occupants. In New York City, close family members have succession rights if they co-resided with the tenant for two years (or one year for seniors/disabled).

Tenants also have certain termination rights when ending their tenancy. In New York, tenants can typically terminate a lease early by providing one to three months' notice, depending on the lease terms. No justification is needed. However, the tenant remains liable for rent through the termination date unless the landlord re-rents the unit sooner.

Overall, New York's laws aim to provide tenants flexibility while protecting the rights of landlords to properly vet potential occupants and avoid unauthorized sublets or assignments.

New York Eviction Laws

New York eviction laws provide a structured process that landlords must follow to legally remove a tenant from a rental property. These laws are designed to protect tenants from unlawful evictions and ensure that landlords adhere to proper legal procedures. Understanding these laws is crucial for both tenants and landlords to navigate the eviction process effectively.

Grounds for Eviction

In New York, landlords can initiate eviction proceedings for several reasons, including nonpayment of rent, violation of lease terms, or the expiration of a lease without renewal. Each ground for eviction requires the landlord to follow specific notice requirements and legal procedures to ensure the eviction is lawful.

Notice Requirements

Before filing for eviction, landlords must provide tenants with a notice to vacate, specifying the reason for the eviction and giving the tenant an opportunity to remedy the situation if applicable. The type and duration of the notice depend on the grounds for eviction:

• Nonpayment of Rent: For nonpayment of rent, landlords must provide a 14-day notice, giving the tenant 14 days to pay the overdue rent or vacate the property.
• Lease Violations: For lease violations, landlords must provide a 10-day notice to cure, giving the tenant 10 days to correct the violation. If the tenant fails to remedy the situation, the landlord can then serve a notice of termination, giving the tenant an additional 30 days to vacate.
• Holdover Tenants: For tenants remaining after the lease has expired (holdover tenants), landlords must provide a notice of termination. The notice period depends on the length of the tenancy: 30 days for tenancies less than a year, 60 days for tenancies between one and two years, and 90 days for tenancies over two years.

Court Proceedings

If the tenant does not comply with the notice to vacate, the landlord must file a petition with the local housing court to initiate formal eviction proceedings. The court will schedule a hearing where both parties can present their case. The tenant has the right to defend against the eviction and may raise issues such as improper notice, landlord retaliation, or uninhabitable living conditions as defenses.

Warrant of Eviction

If the court rules in favor of the landlord, it will issue a warrant of eviction. This legal document authorizes law enforcement to remove the tenant from the property if they do not leave voluntarily. The warrant typically provides the tenant with a few additional days to vacate the premises before enforcement.

Tenant Protections

New York law includes several protections for tenants to prevent unjust evictions. Landlords cannot evict tenants in retaliation for exercising their legal rights, such as filing a complaint about housing conditions. Additionally, tenants are protected from discrimination based on race, color, national origin, religion, sex, familial status, disability, and other protected classes.

Recent Legislative Changes

The Housing Stability and Tenant Protection Act of 2019 introduced significant changes to New York eviction laws, including extended notice periods, increased tenant protections, and stricter requirements for eviction proceedings. These changes aim to provide greater stability and security for tenants, ensuring fair treatment throughout the eviction process.

​​New York Squatters' Rights

In New York, squatters' rights are governed by the principles of adverse possession, a legal doctrine that allows individuals to claim ownership of a property if they meet specific conditions. This process is complex and requires squatters to fulfill several strict criteria over an extended period. Understanding these laws is crucial for both property owners and those seeking to establish a claim through adverse possession.

Criteria for Adverse Possession

To successfully claim adverse possession in New York, a squatter must occupy the property continuously for a period of 10 years. During this time, the squatter must meet the following criteria:

• Actual Possession: The squatter must physically occupy the property, using it as an owner would. This includes living on the property, making improvements, or maintaining it.
• Open and Notorious: The occupation must be visible and obvious to anyone, including the property owner. The squatter's presence should be apparent, not hidden or secretive.
• Exclusive Possession: The squatter must possess the property exclusively, without sharing control with the owner or other squatters.
• Hostile Possession: The occupation must be without the owner's permission and against the owner's rights. This does not imply hostility or violence but simply means the squatter does not have legal authorization to be on the property.
• Continuous Possession: The squatter must occupy the property continuously for the entire statutory period of 10 years without significant interruption.

Color of Title and Adverse Possession

In some cases, a squatter may have "color of title," which means they possess a document or deed that appears to give them legal ownership, even if it is technically invalid. Having color of title can strengthen an adverse possession claim, but the squatter must still meet all other criteria and occupy the property for the required 10-year period.

Property Owners' Rights and Preventative Measures

Property owners can take several steps to prevent adverse possession claims. Regularly inspecting and maintaining their properties, addressing unauthorized occupancy promptly, and ensuring clear property boundaries with fences or signs can help protect against squatters. Granting explicit permission to use the property can also negate the hostility requirement, thereby preventing an adverse possession claim.

Legal Process and Challenges

Establishing a claim of adverse possession in New York is a legal process that typically involves filing a lawsuit to obtain a court judgment recognizing the squatter as the legal owner. The burden of proof lies with the squatter, who must provide clear and convincing evidence that they have met all the criteria for adverse possession. Property owners can challenge these claims by presenting evidence that the criteria were not met, such as showing that the squatter's possession was not continuous or that they had permission to be on the property.

Habitability and Repairs

One of the most important rights tenants have under New York law is the warranty of habitability. This implied warranty requires landlords to maintain rental units in a livable condition that meets basic standards of safety, sanitation, and habitability. Specific standards cover issues like water supply, heat, electricity, ventilation, sanitary facilities, and more.

If a landlord fails to address serious habitability issues like lack of heat or hot water, tenants have options. After giving written notice and allowing a reasonable time for repairs, tenants may seek a rent reduction from housing court for the period the unit was uninhabitable. Judges examine factors like the nature of the violation, its duration, and the loss of amenities.  

Landlords have a legal duty to keep rental premises in good repair and maintain vital services and facilities like heat, hot water, elevators, and appliances they provide. This duty covers repairs for issues caused by normal wear and tear. However, tenants are responsible for damage caused by negligence or misuse.

A particularly concerning habitability issue is lead-based paint hazards in older buildings. Federal and state laws require landlords to inspect for and remediate lead hazards in housing built before 1978 where a child under 6 resides. Landlords must use trained workers and approved methods for lead testing and abatement work.

Safety

Landlords in New York have certain obligations to ensure the safety of their rental properties and tenants. This includes providing working smoke and carbon monoxide detectors, taking reasonable measures for crime prevention, ensuring entrance doors have proper locks, and installing window guards where required.

Smoke and carbon monoxide detectors are crucial safety devices that must be installed and properly maintained. Landlords must provide at least one working smoke detector in every bedroom or room used for sleeping purposes, and at least one on each story of the rental unit. Carbon monoxide detectors are also mandatory for all rental units with carbon monoxide sources like furnaces, boilers, or fireplaces.

Crime prevention measures are important, especially in higher crime areas. While not legally mandated, landlords should take reasonable precautions like providing adequate exterior lighting, secure entry systems, and functioning locks on all entry doors and windows.

All entrance doors to rental units must be equipped with a functioning lock that is easily operable from the inside without a key or special tool. Landlords must also change the lock or re-key it between tenancies.

Window guards are legally required for windows in apartments where children 10 years old or younger reside. These permanently installed guards prevent children from falling out of windows and must meet specific safety standards set by local housing codes.

By adhering to these safety requirements, landlords help protect their tenants and avoid potential liability issues. Tenants should promptly report any safety violations or needed repairs to ensure a secure living environment.

Utility Services

In New York, landlords are legally obligated to provide certain essential utility services to tenants. One of the most important is heat during the "heating season" which runs from October 1st through May 31st each year. During this period, landlords must maintain indoor temperatures at a minimum of 68°F (20°C) between 6am and 10pm when the outdoor temperature falls below 55°F (13°C). Overnight, indoor temperatures must be kept at least 62°F (17°C).

Providing hot water is another crucial responsibility for landlords. They must furnish a constant supply of hot water at a minimum temperature of 120°F (49°C) to all apartments. This hot water must be available 24 hours per day, 365 days per year.

Utility services like gas, heat, and electricity cannot be terminated by a landlord as a form of tenant harassment or eviction. Even if a tenant is behind on rent payments, the landlord cannot shut off these essential services as a punitive measure. Services must be maintained until the legal eviction process is completed through the courts.

Similarly, if a tenant's utilities are provided through the landlord's account, the landlord cannot discontinue service even if the tenant fails to pay utility bills. The landlord must continue providing those services and pursue payment through other legal means like small claims court.

Tenant Protections

Tenants in New York have important protections under state and local laws. One key protection is the right to join or participate in tenant organizations. These groups advocate for renters' rights and can assist with disputes or issues with landlords. Landlords cannot retaliate against tenants for being involved in such organizations.

Tenants are also protected from retaliation by landlords for making good faith complaints about violations of housing laws or constructively exercising their legal rights. Any actions like eviction attempts, rent increases, or service reductions meant to punish tenants for asserting their rights are illegal retaliation.

Privacy rights for tenants restrict landlord entry into rental units except for legitimate repair needs or emergencies, with proper advance notice required in most cases. Tenants have a reasonable expectation of privacy in their homes.

New York upholds fair housing laws that prohibit housing discrimination against tenants based on protected characteristics like race, religion, national origin, family status, disability, and more. Landlords cannot refuse to rent, impose different terms, or create a hostile environment due to these factors.

For tenants with disabilities, landlords must make reasonable accommodations and allow modifications to units or common areas as needed for equal access and use of the premises. Violations of disability rights are subject to enforcement.

Harassment of tenants through threats, intimidation, disruption of services, or other acts intended to force a tenant to vacate is illegal under New York law. This includes sexual harassment and creating an environment hostile to tenants.

Pet policies for rental units are at the discretion of landlords, but any fees, deposits or other rules must be reasonable and legal under local laws. Many municipalities prohibit outright bans on pets or restrictive policies that may violate disability accommodation rights.

Other Key Protections

In New York, there are several other key legal protections in place for tenants beyond the core issues of leases, rent, repairs, and evictions. These include laws limiting rent increases, providing rent-to-own protections, restricting certain fees landlords can charge, and regulations around changes of use for rental properties.

For rent regulated apartments in New York City, there are strict limits on how much landlords can increase rents each year. Rent increases are determined by the Rent Guidelines Board and typically allow only modest hikes for renewal leases. These limits help prevent tenants from facing excessive rent gouging.

New York also has laws in place to protect tenants from rent-to-own schemes that are really disguised installment sales contracts. Any rent crediting arrangement must be in writing with clearly stated rent and purchase price terms. Tenants have rights to cancel these deals within a certain timeframe.

There are restrictions on the types of fees landlords can charge tenants in New York. Late rent fees are capped at a reasonable amount, and landlords cannot demand new fees mid-lease term unless specifically allowed upfront. Application fees and other move-in charges also have limits to prevent gouging.

Finally, there are regulations around changes of building use that impact tenants. In New York City, landlords must follow processes and get approvals to convert rental units to condos, co-ops or non-housing use. This aims to prevent tenants from being forced out without proper notice and compensation when buildings change use.

Frequently Asked Questions

What are tenants rights in New York?

As a tenant in New York, you have basic rights related to safety, habitability, and protection from retaliation or discrimination. This includes the right to a livable, safe, and sanitary apartment, with adequate heat, hot water, and other essential services. You also have the right to be free from harassment or discrimination based on factors like race, gender, family status, or disability. Landlords cannot terminate your lease or evict you in retaliation for making legitimate complaints.

What are landlord tenant laws in New York?

New York has a comprehensive set of laws governing the landlord-tenant relationship. These cover aspects like leases, rent payments, security deposits, repairs and maintenance responsibilities, eviction procedures, rent regulation, and more. The laws aim to protect tenants' rights while also outlining landlords' obligations.

What rights do renters have in New York?

As a renter in New York, you have the right to a habitable rental unit that meets basic standards for issues like heat, hot water, electricity, and pest/rodent infestations. You're entitled to privacy and proper notice before a landlord enters. You have rights against discrimination in housing and excessive rent increases if in a rent-stabilized unit. Security deposit rules also protect your rights.

What are a tenant's rights when moving out in New York?

When moving out of a rental, New York tenants have the right to a full refund of their security deposit within a reasonable timeframe, as long as no damages occurred. Specifically, the landlord must return your full deposit within 14 days after you vacate if there are no damages claimed against it.

How long does a landlord have to return a security deposit in New York?

Landlords in New York must return a tenant's full security deposit within 14 days after the tenant has vacated the rental unit, provided there are no damages being claimed against the deposit amount.

Can a landlord enter without permission in New York?

No, landlords in New York cannot enter a tenant's rental unit without proper notice, except in case of an emergency that threatens health or safety. In non-emergency situations, the landlord is required to provide reasonable advance notice, which is generally accepted as at least 24 hours.

How much notice does a landlord have to give before entering New York?

While there is no set legal minimum notice period, it is generally accepted that landlords in New York must provide at least 24 hours advance notice before entering a tenant's rental unit, except in case of an emergency.

Can a landlord raise rent as much as they want in New York?

No, there are limits on how much landlords can raise rent each year in New York, especially for rent-stabilized apartments. For rent-controlled units, rent increases are determined annually by the NYC Rent Guidelines Board. Even in unregulated units, landlords cannot raise rent in a discriminatory or retaliatory way.

What are tenants required to do before withholding rent in New York?

Before withholding rent payments in New York due to a landlord's failure to make necessary repairs, tenants must first give proper written notice to the landlord detailing the issue and allow a reasonable amount of time for repairs to be made. Simply withholding rent without notice can put a tenant at risk of eviction.

How long can a landlord go without repairs before a tenant can break a lease in New York?

There is no set time frame, but generally if a landlord fails to make necessary repairs within 30 days or more after receiving proper written notice from the tenant, the tenant may have grounds to legally terminate the lease. However, the specifics can vary based on the severity of the issue and other factors.