Landlord Rules in New York: Renting Out Property (2026)
Reviewed by DocDraft Legal Team · New York · Last updated 2026-05-18
Letting residential property in New York is a statute-driven exercise. New York law sets the deposit return clock (14 days after tenant vacates; landlord must provide itemized statement of any deductions.) and the entry-notice minimum (Reasonable prior notice at a reasonable time, with tenant consent for routine repairs and.) explicitly. What follows is the New York-specific landlord compliance sequence, from before move-in through after the tenancy ends.
Key Considerations
The New York landlord stack begins with the registration question and the deposit framework. On registration: NYC Administrative Code § 27-2097 On the deposit cap itself: One month's rent (statewide, HSTPA 2019) On the return clock: 14 days after tenant vacates; landlord must provide itemized statement of any deductions or return full deposit
Two end-of-tenancy risks sit on every New York landlord's desk. Eviction is one. Non-payment: 14-day written rent demand. Holdover: notice scaled by occupancy length. Filed as summary proceeding under RPAPL § 711 in Housing Court (NYC) or local City / Town / Village Court Fair-housing exposure is the other. Complaints are filed
Two notice obligations bind a New York landlord during the tenancy itself. Non-emergency entry is gated by a minimum notice. Reasonable prior notice at a reasonable time, with tenant consent for routine repairs and services (no fixed statewide hour minimum) Month-to-month termination is gated by a separate, longer notice. Landlord must give 30 / 60 / 90 days' notice scaled by tenant occupancy length (less than 1 year = 30 days; 1-2 years = 60 days; 2+ years = 90 days) under N.Y. Real Prop. Law § 226-c
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Relevant Documents
A New York landlord packet typically pulls from state-specific forms: a residential lease that reflects New York disclosure rules, the statutory entry-notice template, the state-specific deposit-receipt and itemized-deduction form, and the pre-suit eviction notice the state requires.
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
New York Rent Stabilization Law
This law regulates rent increases and evictions for qualifying buildings in NYC with six or more units built before 1974. Landlords must register with the Division of Housing and Community Renewal (DHCR) and can only increase rent by percentages set by the Rent Guidelines Board. Relevant for property owners to determine if their rental property falls under rent stabilization requirements.
New York State Multiple Dwelling Law
Applies to buildings with three or more residential units and establishes minimum standards for light, air, sanitation, and fire protection. Property owners must ensure their rental units comply with these habitability standards before renting to tenants.
New York Housing Stability and Tenant Protection Act of 2019
Significantly expanded tenant protections across New York State, including limiting security deposits to one month's rent, providing tenants more time to cure lease violations, and restricting evictions. Landlords must understand these protections before creating lease agreements or attempting to evict tenants.
New York Property Maintenance Code
Sets minimum standards for maintaining residential properties, including requirements for heating, plumbing, electrical systems, and general upkeep. Landlords must ensure their rental properties meet these standards to avoid violations and potential penalties.
New York Lead Paint Disclosure Requirements
Requires landlords of buildings built before 1978 to disclose known information about lead-based paint hazards before leases are signed. This federal requirement is strictly enforced in New York, particularly in NYC where additional local lead laws apply.
New York Fair Housing Laws
Prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, and other protected characteristics. Landlords must understand these laws to avoid discriminatory practices when advertising, screening tenants, or managing rental properties.
New York Certificate of Occupancy Requirements
Most residential rental properties in New York require a valid Certificate of Occupancy that indicates the legal use and occupancy of the building. Renting without a proper Certificate of Occupancy can result in significant penalties.
Regional Variances
New York City
New York City has some of the strongest tenant protections in the state through rent stabilization and rent control laws. Landlords in NYC must register with the Department of Housing Preservation and Development (HPD) and provide specific disclosures. Security deposits are limited to one month's rent, and landlords must follow strict procedures for returning deposits. NYC also has unique rules regarding lead paint disclosures and window guards. The Housing Stability and Tenant Protection Act of 2019 significantly expanded tenant rights in NYC, including limitations on application fees and background check costs.
Westchester County has adopted the Emergency Tenant Protection Act (ETPA) in many municipalities, providing rent stabilization protections similar to NYC. Landlords in Westchester must be aware of which municipalities have adopted ETPA. The county also has specific requirements for smoke and carbon monoxide detectors that may differ from state standards.
Upstate New York
Buffalo has implemented a rental registry program requiring landlords to register their properties and undergo inspections. The city has specific lead paint disclosure requirements that may be more stringent than state law. Buffalo also has a 'just cause' eviction law that limits the reasons landlords can evict tenants.
Rochester requires a Certificate of Occupancy for rental properties and has implemented a lead paint inspection program. The city has specific maintenance codes that may exceed state requirements. Rochester also has a rental housing owner registration requirement and specific rules about tenant organizing activities.
Albany requires rental properties to be registered with the city and to undergo regular inspections. The city has implemented Good Cause Eviction legislation that limits rent increases and requires landlords to show 'good cause' for not renewing leases. Albany also has specific requirements for carbon monoxide and smoke detectors.
Long Island
Nassau County has specific requirements for rental permits that vary by town and village. Some municipalities require landlords to obtain rental permits before leasing property. The county also has specific requirements regarding illegal apartment conversions that landlords must be aware of.
Suffolk County has a rental permit system that varies by town. Some towns like Brookhaven and Huntington have strict rental permit requirements and inspection processes. The county also has specific septic system requirements for rental properties that landlords must comply with.
Suggested Compliance Checklist
Audit state and city registration rules for the property's location
Before listing days after startingNYC Administrative Code § 27-2097
Size the security deposit to the rule and confirm the holding-account requirements
Before signing days after startingOne month's rent (statewide, HSTPA 2019)
Issue the required disclosures and keep a signed acknowledgment
At lease signing days after startingNYC Admin. Code § 17-123
Serve the statutory periodic-tenancy termination notice in writing
Ongoing days after startingLandlord must give 30 / 60 / 90 days' notice scaled by tenant occupancy length (less than 1 year = 30 days; 1-2 years = 60 days; 2+ years = 90 days) under N.Y. Real Prop. Law § 226-c
Send written entry notice for every routine visit to the unit
As needed days after startingReasonable prior notice at a reasonable time, with tenant consent for routine repairs and services (no fixed statewide hour minimum)
Finalize the deposit accounting and refund on the legal deadline
At move-out days after starting14 days after tenant vacates; landlord must provide itemized statement of any deductions or return full deposit
Move evictions through the formal court track set by statute
If eviction needed days after startingNon-payment: 14-day written rent demand. Holdover: notice scaled by occupancy length. Filed as summary proceeding under RPAPL § 711 in Housing Court (NYC) or local City / Town / Village Court
Keep written records of screening, denial, and renewal decisions for fair-housing review
Ongoing days after startingThe agency intake page is
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Audit state and city registration rules for the property's location | NYC Administrative Code § 27-2097 | - | Before listing |
| Size the security deposit to the rule and confirm the holding-account requirements | One month's rent (statewide, HSTPA 2019) | - | Before signing |
| Issue the required disclosures and keep a signed acknowledgment | NYC Admin. Code § 17-123 | - | At lease signing |
| Serve the statutory periodic-tenancy termination notice in writing | Landlord must give 30 / 60 / 90 days' notice scaled by tenant occupancy length (less than 1 year = 30 days; 1-2 years = 60 days; 2+ years = 90 days) under N.Y. Real Prop. Law § 226-c | lease-termination-letter | Ongoing |
| Send written entry notice for every routine visit to the unit | Reasonable prior notice at a reasonable time, with tenant consent for routine repairs and services (no fixed statewide hour minimum) | - | As needed |
| Finalize the deposit accounting and refund on the legal deadline | 14 days after tenant vacates; landlord must provide itemized statement of any deductions or return full deposit | - | At move-out |
| Move evictions through the formal court track set by statute | Non-payment: 14-day written rent demand. Holdover: notice scaled by occupancy length. Filed as summary proceeding under RPAPL § 711 in Housing Court (NYC) or local City / Town / Village Court | - | If eviction needed |
| Keep written records of screening, denial, and renewal decisions for fair-housing review | The agency intake page is | - | Ongoing |
Frequently Asked Questions
Reasonable prior notice at a reasonable time, with tenant consent for routine repairs and services (no fixed statewide hour minimum).
Non-payment: 14-day written rent demand. Holdover: notice scaled by occupancy length. Filed as summary proceeding under RPAPL § 711 in Housing Court (NYC) or local City / Town / Village Court.
14 days after tenant vacates; landlord must provide itemized statement of any deductions or return full deposit.
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