Renting a New Property in New York: A Tenant's Guide

As a tenant in New York, you have significant legal protections. These include the right to a habitable living space, privacy, security deposit protections, and protection against unlawful eviction. The Housing Stability and Tenant Protection Act of 2019 strengthened tenant rights, including limits on security deposits (maximum one month's rent), restrictions on application fees, and requirements for landlords to provide notice before raising rent or not renewing a lease. You also have the right to request repairs, and landlords must maintain essential services like heat, hot water, and electricity.

When reviewing a New York lease agreement, pay attention to: rent amount and due date; lease term; security deposit amount; responsibility for utilities; maintenance responsibilities; pet policies; subletting rules; renewal terms; and any building-specific rules. New York law requires certain disclosures in leases, including lead paint notifications for buildings built before 1978 and information about any history of bedbugs in the unit or building. Make sure all verbal promises from the landlord are included in writing, and keep a copy of the signed lease for your records.

Under New York's Housing Stability and Tenant Protection Act of 2019, landlords can charge a maximum of one month's rent for a security deposit. This applies to most rental properties, including unregulated and rent-stabilized apartments. The landlord must return your security deposit within 14 days after you move out, along with an itemized statement of any deductions. If the landlord fails to provide this statement or return your deposit within the timeframe, they may lose the right to keep any portion of the deposit.

In New York, landlords can charge a maximum application fee of $20 or the actual cost of background and credit checks, whichever is less. The landlord must provide you with a copy of the background or credit check and a receipt. If you provide your own background or credit check conducted within the past 30 days, the landlord cannot charge you an application fee. These restrictions apply to most rental properties throughout New York State.

In New York, landlords must provide reasonable notice before entering your rental unit, which is generally considered to be at least 24 hours' advance notice. Entry should be during reasonable hours unless there's an emergency. The notice should specify the date, approximate time, and purpose for entry. If your landlord repeatedly enters without proper notice, this may constitute harassment, which is illegal under New York law.

New York landlords must maintain rental properties in a condition that is safe, clean, and fit for human habitation. This includes providing heat during cold months (at least 68°F when outdoor temperatures fall below 55°F between October 1 and May 31), hot water (120°F minimum year-round), and functioning electrical, plumbing, and sanitary systems. If essential repairs are needed, notify your landlord in writing and keep a copy. If they fail to make repairs within a reasonable time, you may have the right to withhold rent, make the repair yourself and deduct the cost from rent (repair and deduct), or in extreme cases, break your lease. However, these remedies should be pursued carefully, ideally with legal advice.

Rent stabilization in New York limits how much landlords can increase rent and generally provides tenants with the right to renew their leases. Rent-stabilized apartments are typically in buildings with six or more units built before 1974, though there are exceptions. The Rent Guidelines Board sets maximum allowable rent increases annually. To determine if your apartment is rent-stabilized, you can request your unit's rent history from the Division of Housing and Community Renewal (DHCR). Rent-stabilized tenants have additional protections against eviction and are entitled to required services and repairs.

In New York, landlords cannot evict tenants without going through proper legal channels. The process typically begins with a written notice (the type and timing depend on the reason for eviction). If you don't comply with the notice, the landlord must file a petition in housing court and serve you with a notice of petition and the petition. You'll have an opportunity to respond and attend a court hearing. Only a sheriff, marshal, or constable with a court order can physically remove you from the property. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal. During the COVID-19 pandemic, there were additional protections, but most have expired. If you're facing eviction, seek legal assistance immediately.

For market-rate (unregulated) apartments in New York, landlords can raise the rent by any amount when your lease expires, but they must provide advance written notice: 30 days if you've lived there less than one year, 60 days for one to two years, and 90 days for more than two years. For rent-stabilized apartments, increases are limited to amounts set annually by the Rent Guidelines Board. For rent-controlled apartments, increases are determined by the Maximum Base Rent system. If you believe a rent increase violates the law, you can file a complaint with the Division of Housing and Community Renewal (DHCR).