Navigating the New York rental market can be daunting for both landlords and tenants. With some of the most detailed rental laws in the country, it’s essential to understand your rights and responsibilities—whether you’re signing a lease in Manhattan or renting out a duplex in Buffalo. This guide breaks down the key laws, recent changes, and best practices for a smooth, compliant rental experience.
Rental Agreements: The Foundation
In New York, a written lease is highly recommended for all rental agreements, even though oral leases under one year are legal. Leases should clearly state the rent amount, due date, security deposit terms, maintenance responsibilities, and the process for renewal or termination. Landlords must provide required disclosures, such as lead paint and bedbug history, and tenants should review all terms before signing.
Security Deposits: Limits and Timelines
For most residential rentals, the security deposit cannot exceed one month’s rent. Landlords must keep deposits in a separate New York bank account if the building has six or more units. After move-out, the deposit (minus lawful deductions) must be returned within 14 days, with an itemized list if any money is withheld. Deductions for normal wear and tear are not allowed.
Rent Control and Rent Stabilization
New York is famous for its rent-regulated apartments. Rent control covers some older NYC units with continuous occupancy since 1971, while rent stabilization applies to many buildings constructed before 1974 with six or more units. These laws limit rent increases, require lease renewals, and set strict eviction rules. Outside of NYC, rent regulation is rare but may exist in some suburbs.
Eviction Laws: Process and Protections
Landlords must follow a strict legal process to evict tenants—self-help actions like lockouts are illegal. For nonpayment of rent, a 14-day written notice is required before court action. Ending a lease or removing a holdover tenant requires 30, 60, or 90 days’ notice based on how long the tenant has lived in the unit. Only a court order can authorize an eviction.
Maintenance, Repairs, and Habitability
Every rental unit in New York must meet the “warranty of habitability”—it must be safe, clean, and fit to live in. Landlords are responsible for providing heat (Oct 1–May 31), hot water, and essential repairs. If repairs aren’t made, tenants may file complaints, withhold rent, or in some cases, make repairs and deduct the cost. Good documentation is essential for both sides.
Tenant Rights: Privacy and Protection
Tenants are entitled to privacy and quiet enjoyment of their home. Landlords must provide advance notice (usually 24 hours) before entering, except in emergencies. Retaliation for complaints or organizing is illegal, and discrimination based on protected characteristics is strictly prohibited. Tenants paying with cash or money order have the right to a written receipt.
Bonus: Recent Law Changes in New York
- HSTPA of 2019: Major updates include stricter security deposit limits, extended notice periods, and new eviction procedures statewide.
- COVID-19 Measures: Temporary eviction moratoriums and hardship procedures—check for the latest updates as these may change.
- Lead Paint Disclosures: Enhanced rules for pre-1978 buildings in NYC and some other regions.
Quick Reference Cheat Sheet: New York Rental Laws
| Topic | Key Rule | Landlord Tip | Tenant Tip |
|---|---|---|---|
| Lease | Written lease strongly advised | Include all terms and disclosures | Review before signing, keep a copy |
| Security Deposit | Max one month’s rent; 14-day return | Use separate account, provide itemized deductions | Document move-in, request receipts |
| Rent Regulation | Rent control/stabilization in NYC | Register units, follow DHCR rules | Check if your unit is regulated |
| Eviction | Court order required | Give proper notice, follow legal process | Respond to notices, attend hearings |
| Maintenance | Warranty of habitability | Respond to repair requests quickly | Report issues in writing |
| Privacy | 24-hour notice for entry | Notify before entering | Refuse entry without notice (except emergency) |
| Discrimination | Strictly prohibited | Follow fair housing laws | Report any violations |
Call to Action: Stay Compliant with AAOL
New York’s rental laws are complex and change frequently. The American Association of Landlords (AAOL) provides members with:
- Legal updates and compliance guides
- Lease templates and checklists
- Support from experienced landlords and legal professionals
Stay informed and protect your investment. Join AAOL today at aaol.org for trusted tools, resources, and expert guidance.
This article is for informational purposes and does not constitute legal advice. Always review your lease and consult a qualified attorney before making rental decisions.
