NYS Tenants Rights: Deposits, Entry, Eviction, and Retaliation

New York State tenants’ rights are among the strongest in the country, built on statewide statutes that override anything a lease might say to the contrary. As a tenant, you’re entitled to a habitable home, a capped security deposit that must be returned within 14 days, written notice before a significant rent increase, protection from discrimination and retaliation, and a court process before any eviction can happen. Landlords who ignore these rules can lose the deposit outright, face fines, and in the case of illegal lockouts, be charged with a crime.

A Livable Home Is a Legal Right

Every residential lease in New York, written or verbal, carries an implied warranty of habitability under Real Property Law § 235-b. Your landlord must keep the unit and the common areas safe and livable, and no lease clause can waive that duty.¹

In practice, that means working plumbing, electrical, heating, and sanitation systems, and a building free of vermin, garbage, and other hazards. In New York City, landlords must provide heat between October 1 and May 31 when outdoor temperatures fall below certain thresholds, and hot water year-round. Many other municipalities impose similar seasonal heating obligations through local housing codes.²

When conditions slip, you can sue for a rent reduction proportional to how much the problem diminished your apartment’s value. If only part of the unit is affected, a court or the Division of Housing and Community Renewal can adjust the rent to match.¹

Security Deposits Are Capped and Must Come Back Fast

Under General Obligations Law § 7-108, a residential security deposit cannot exceed one month’s rent. That cap applies to non-rent-stabilized units, and the 2019 Housing Stability and Tenant Protection Act extended similar limits to rent-stabilized units. Your landlord must hold the deposit in a New York-based bank account and disclose the institution’s name and address. Additional move-in fees, last month’s rent, or supplemental deposits on top of that one-month figure are not allowed.³

After you move out, the landlord has 14 days to return the full deposit or send an itemized statement listing what was withheld and why. Deductions are only allowed for damage beyond normal wear and tear, not routine cleaning or ordinary scuffs. Miss the 14-day deadline, and the landlord forfeits the right to keep any portion of it. A willful violation can trigger punitive damages of up to twice the deposit amount.³

Photos and video of the unit on the day you move in and the day you move out win most deposit disputes. If a landlord holds back money they shouldn’t, small claims court is a straightforward path, with filing fees under $30 in most jurisdictions.

Notice Before a Rent Increase or Non-Renewal

Real Property Law § 226-c ties the notice a landlord must give before a big rent hike, or before choosing not to renew, to how long you’ve lived there:

Less than one year, with no lease of at least one year: 30 days’ notice.
One to two years, or a lease term of one to two years: 60 days’ notice.
More than two years, or a lease term of at least two years: 90 days’ notice.

The rule kicks in when a landlord wants to raise the rent by more than five percent or end the tenancy. If the required notice isn’t given, the increase or termination cannot take effect until the proper period has run from the date you actually received it.⁴

Market-rate tenants don’t automatically get a lease renewal unless the lease itself provides one. But the notice timeline still shields you from being caught off guard.

Late fees have their own limit under Real Property Law § 238-a. Rent cannot be treated as late until more than five days after the due date, and the fee itself is capped at $50 or five percent of the monthly rent, whichever is less. Any lease clause charging more is unenforceable.⁵

Application Fees and Screening

New York caps rental application fees at $20, and that $20 must cover any background or credit check the landlord orders. It’s one of the lowest caps in the country.

If a landlord denies your application based on a screening report, federal law requires an adverse action notice that identifies the screening company, tells you how to request a free copy of the report within 60 days, and explains your right to dispute inaccurate information.⁶

An adverse action isn’t just an outright rejection. It also covers demanding a cosigner, requiring a larger deposit than other applicants (which still can’t exceed one month’s rent), or charging you a higher rent based on the screening. The HSTPA also bars landlords from rejecting applicants solely because they were previously involved in a housing court case.⁷

Fair Housing and Source of Income

The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. Landlords cannot refuse to rent, set different terms, or steer you toward specific units based on any of these.

New York’s Human Rights Law goes further and adds age, marital status, sexual orientation, gender identity, military status, and lawful source of income. That last one matters: a New York landlord cannot reject you because your rent will be paid through a Section 8 voucher, public assistance, or another government subsidy.

Assistance Animals

If you have a disability, you can request a reasonable accommodation for an assistance animal, including in buildings with strict no-pet policies. This covers both trained service animals and emotional support animals. The landlord must grant the request unless the specific animal poses a direct threat that cannot be mitigated, or the accommodation would create an undue financial burden. Pet deposits and pet fees cannot be charged for an assistance animal.⁸

Privacy and Landlord Entry

Your lease gives you exclusive possession of the unit. A landlord cannot enter whenever they feel like it and must give reasonable notice for non-emergency purposes like repairs, inspections, or showings. The commonly accepted standard is at least 24 hours for repairs and one week for inspections, at a reasonable time of day. Genuine emergencies, such as a burst pipe, fire, or gas leak, are the exception. A pattern of unannounced entries can rise to the level of harassment under New York law.

Retaliation Is Illegal

Real Property Law § 223-b bars landlords from punishing you for exercising your legal rights. If you file a good-faith complaint with a government agency about health or safety violations, report a breach of the warranty of habitability, or take part in a tenant organization, your landlord cannot retaliate by trying to evict you or altering your lease terms.⁹

The statute creates a presumption of retaliation if the landlord serves a notice to quit, files an eviction, or substantially changes your lease terms within one year of your protected activity. Once you establish that timeline, the burden shifts to the landlord to show a legitimate, non-retaliatory purpose. A documented complaint to your local code enforcement office creates the paper trail that makes retaliation risky for the owner.⁹

Harassment is a separate violation and includes cutting off utilities, making threats, refusing essential repairs, or engaging in repeated unwanted contact. These behaviors can result in significant fines and court orders forcing the landlord to stop.

The Eviction Process

No landlord in New York can remove you from your home without going through the courts. Self-help evictions, meaning changing locks, shutting off utilities, or removing your belongings, are a criminal offense. Under RPAPL § 768, an illegal lockout is a Class A misdemeanor, and law enforcement is expected to actively intervene.¹⁰

A lawful eviction follows a set sequence. The landlord first serves a written notice, which may be a Notice to Cure giving you time to fix a lease violation, or a Notice of Termination. If the matter isn’t resolved, the landlord files a petition in housing court, where you can appear and present a defense. Only after a judge signs a warrant of eviction can a city marshal or county sheriff carry out the physical removal. No one else has that authority.¹¹

Good Cause Eviction

New York enacted Good Cause Eviction in 2024, giving most market-rate tenants the right to remain unless the landlord can show a legitimate reason to end the tenancy. Valid grounds include non-payment of rent, nuisance behavior, and the owner’s personal use of the unit. The law also limits the size of a rent increase that can be imposed as a condition of renewal, using a reasonableness standard tied to local market conditions. Some properties are exempt, including owner-occupied buildings with a small number of units and certain newer construction. If your landlord tries to end the tenancy or push through a steep increase, you can challenge it in court and force them to justify the action.

If You’re an Active-Duty Servicemember

Active-duty military members and their dependents have additional protections under the federal Servicemembers Civil Relief Act. A landlord generally cannot evict a servicemember or their family from a primary residence without a court order, and the court can stay an eviction for at least 90 days if military duties prevent the servicemember from appearing.¹²

The SCRA also allows early lease termination without penalty when a servicemember receives deployment or permanent change of station orders. To use it, deliver written notice and a copy of your orders to the landlord using a method that provides proof of delivery. The lease terminates 30 days after the next rent payment comes due following proper notice. Be cautious about signing an SCRA waiver in your lease, since doing so can eliminate these protections.¹³

1
New York State Senate. New York Real Property Law 235-B – Warranty of Habitability
2
New York State Attorney General. Legal Services and Code Enforcement
3
New York State Senate. New York General Obligations Law 7-108 – Deposits Made by Tenants of Non-Rent Stabilized Dwelling Units
4
New York State Senate. New York Real Property Law 226-C – Notice of Rent Increase or Non-Renewal of Residential Tenancy
5
New York State Senate. New York Real Property Law 238-A
6
Consumer Financial Protection Bureau. What Should I Do If My Rental Application Is Denied Because of a Tenant Screening Report?
7
New York State Senate. New Rights for Tenants: Housing Stability and Tenant Protection Act of 2019
8
U.S. Department of Housing and Urban Development. Assistance Animals
9
New York State Senate. New York Real Property Law 223-B – Retaliation by Landlord Against Tenant
10
Office of the New York State Attorney General. Guidance to Law Enforcement on Illegal Lockouts Under RPAPL 768
11
New York Courts. Illegal Lock-Outs
12
United States Courts. Servicemembers Civil Relief Act
13
Military OneSource. Military Clause: Terminate Your Lease Due to Deployment or PCS