New York rental laws give tenants some of the strongest protections in the country. A landlord cannot collect more than one month’s rent as a security deposit, must give written notice before raising rent five percent or more or declining to renew a lease, must keep the home fit to live in, and cannot push a tenant out without going through court. Federal law adds protections against discrimination, lead-paint hazards, and penalties for active-duty servicemembers who need to break a lease.
How Much a Landlord Can Collect Upfront
For a non-rent-stabilized apartment, the security deposit is capped at one month’s rent.1New York State Senate. New York General Obligations Code 7-108 – Deposits Made by Tenants of Non-Rent Stabilized Dwelling Units A landlord cannot stack first month’s rent, last month’s rent, and a separate security deposit as a combined move-in package. The deposit is the deposit, and it stops at one month. Two narrow exceptions sit inside the same statute: seasonal-use rentals and owner-occupied cooperative apartments follow their own deposit rules.
After you move out, the landlord has 14 days to either return the full deposit or send you an itemized statement explaining every dollar withheld. Miss that deadline, and the landlord forfeits the right to keep any portion of the money.1New York State Senate. New York General Obligations Code 7-108 – Deposits Made by Tenants of Non-Rent Stabilized Dwelling Units A willful violation exposes the landlord to punitive damages of up to twice the deposit on top of actual damages.
Notice Before a Rent Increase or Non-Renewal
For market-rate units, a landlord who wants to raise rent by five percent or more, or who plans not to renew your lease, must give you written notice ahead of time. The required notice scales with how long you have been there:2New York State Senate. New York Real Property Code 226-C – Notice of Rent Increase or Non-Renewal of Residential Tenancy
- Less than one year of occupancy or a lease term under one year: at least 30 days.
- One to two years: at least 60 days.
- More than two years: at least 90 days.
Whichever is longer, cumulative occupancy or current lease term, controls. If the landlord does not give proper notice, the existing lease terms continue until proper notice is served. Rent-stabilized apartments operate under a separate framework set by the Rent Guidelines Board, but these notice periods are the floor for everyone else.
The Warranty of Habitability
Every residential lease in New York, written or verbal, carries an implied warranty that the home is fit for human habitation and free from conditions that endanger your health or safety.3New York State Senate. New York Real Property Code 235-B – Warranty of Habitability You cannot sign this protection away. It covers your unit and the common areas you share with other tenants, including hallways, stairwells, laundry rooms, and the building entrance.
When conditions fall short, you can seek a rent abatement reflecting the reduced value of the apartment. A court decides the amount based on how badly the problem affects livability. Persistent mold, major plumbing failures, pest infestations, and structural hazards all qualify. The landlord has to know about the problem, so put every complaint in writing and keep a copy.
Heat and Hot Water
Heating rules depend on where you live. In New York City, HPD enforces a heat season from October 1 through May 31. Between 6 a.m. and 10 p.m., if it is below 55°F outside, your apartment must reach at least 68°F. Between 10 p.m. and 6 a.m., the minimum is 62°F regardless of the outdoor temperature.4NYC.gov. Heat and Hot Water Information
Outside the city, communities governed by the Emergency Tenant Protection Act follow the New York State Property Maintenance Code, which requires heat from September 15 through May 31 at a minimum of 68°F in all habitable rooms, bathrooms, and toilet rooms.5New York Homes and Community Renewal. Fact Sheet – Heat and Hot Water Local building codes can add further requirements.
Eviction Has to Go Through Court
Self-help eviction is illegal in New York. A landlord cannot change the locks, shut off utilities, remove your belongings, or threaten you into leaving.6New York State Senate. New York Real Property Actions and Proceedings Law 768 – Unlawful Eviction The protection covers anyone with a lease or anyone who has occupied the unit for 30 consecutive days or longer. An intentional violation is a Class A misdemeanor and carries civil penalties of $1,000 to $10,000 per violation, plus up to $100 per day if the landlord fails to restore the tenant to occupancy after a request.
Nonpayment of Rent
Before filing an eviction case for unpaid rent, the landlord must serve a written demand giving you at least 14 days to pay or move out.7New York State Senate. New York Real Property Actions and Proceedings Law 711 – Grounds Where Remedy Available Pay the full balance inside that window and the landlord generally cannot move the case forward. If the deadline passes unpaid, the landlord files a notice of petition and petition with the court. A judge reviews the evidence, and only after a warrant of eviction issues can a law enforcement officer carry out a removal. No one else may physically remove you.
Holdover Cases
Landlords can also bring holdover proceedings when a tenant stays past the lease term or violates a lease condition. The same rule applies: the court decides, not the landlord. If the landlord failed to give the required notice of non-renewal under Real Property Law 226-c, the holdover case can collapse before it starts.
Retaliation Is Prohibited
A landlord cannot punish you for exercising your legal rights. Filing a good-faith complaint about a building code violation, reporting a habitability issue to a government agency, or joining a tenant organization are all protected.8New York State Senate. New York Real Property Law 223-B – Retaliation by Landlord Against Tenant The law defines retaliation broadly, reaching eviction attempts, non-renewals, unreasonable rent increases, and any substantial alteration of the tenancy terms.
When adverse action follows a protected complaint within the statutory window, the court can presume retaliation and shift the burden to the landlord to prove a legitimate reason. A tenant who wins can recover damages, attorney’s fees, and injunctive relief. The protection applies to all residential rentals except owner-occupied buildings with fewer than four units.
Discrimination in Housing
Two layers of law apply. The federal Fair Housing Act bars discrimination in rental housing based on race, color, religion, sex, national origin, familial status, or disability.9Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing
New York’s Human Rights Law adds more protected classes: age, sexual orientation, gender identity or expression, marital status, military status, citizenship or immigration status, lawful source of income, arrest or conviction record, and status as a victim of domestic violence.10New York State Senate. New York Executive Law 296 – Unlawful Discriminatory Practices The source-of-income rule matters for anyone paying with a Section 8 voucher, Social Security, child support, or other public assistance. A landlord who refuses an applicant solely because of a housing voucher is breaking state law.11New York Division of Human Rights. Protected Characteristics
Assistance Animals
Reasonable accommodations for tenants with disabilities have historically included assistance animals in no-pet buildings. In May 2026, HUD issued enforcement guidance replacing its earlier emotional support animal standard with the Americans with Disabilities Act’s trained-service-animal standard. For HUD-enforced complaints, the animal must now be individually trained to perform a specific task related to the handler’s disability. Comfort or companionship alone no longer qualifies. Unlike the ADA, HUD still recognizes species other than dogs when the animal meets the training requirement. This shift governs federal enforcement, not state law. New York State and local human rights laws have their own accommodation frameworks, and a tenant whose animal does not meet the new HUD standard may still have protection under them.
Lead Paint in Older Buildings
If your rental was built before 1978, federal law requires the landlord to disclose any known lead-based paint hazards before you sign, provide the EPA pamphlet “Protect Your Family From Lead in Your Home,” share any available inspection reports, and include a lead warning statement with the lease.12US EPA. Real Estate Disclosures About Potential Lead Hazards A knowing failure can trigger civil penalties and treble damages.13Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property Short-term vacation rentals of 100 days or less and housing certified lead-free by an inspector are exempt.
When You Can End a Lease Early
Most tenants are bound by their lease until it ends, but two groups have statutory exits.
Active-duty military personnel and their dependents can terminate a residential lease without penalty under the federal Servicemembers Civil Relief Act. The right applies when a servicemember enters active duty, receives permanent change-of-station orders, or deploys for 90 days or more.14Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases You deliver written notice and a copy of your orders by hand, private carrier, U.S. mail with return receipt, or electronic means. For a monthly lease, termination takes effect 30 days after the next rent due date following delivery. The landlord cannot charge early termination fees, must refund prepaid rent covering any period after the termination date within 30 days, and can still collect rent through the termination date, outstanding utilities, and damage beyond normal wear.
Tenants 62 or older, and tenants with disabilities, can also terminate early when they can no longer live independently for medical reasons and are moving to a family member’s home, an adult care facility, a residential health care facility, or a subsidized senior or disability housing project.15New York State Senate. New York Real Property Code 227-A – Termination of Residential Lease by Senior Citizens or Individuals With a Disability Written notice, supported by a physician’s certification, becomes effective no earlier than 30 days after the next rent payment due date.
When Your Landlord Can Enter
New York does not set a specific number of hours a landlord must give before entering your apartment. The right to privacy comes from the common-law covenant of quiet enjoyment, which gives you exclusive use of your space without unreasonable interference. The general expectation is reasonable advance notice for non-emergency access such as inspections, showings, or scheduled maintenance, and courts tend to expect at least a day’s notice for routine visits.
Emergencies are the exception. A landlord can enter without notice when there is an immediate threat to the building or its occupants, such as a fire, flooding, or gas leak. Outside of emergencies, entering without your knowledge or consent can support a harassment claim or a warranty of habitability claim. Document each incident in writing and consider a complaint with a local housing agency or a court action if the entries continue.