Landlord Tenant Laws in New York (NY)

The information below is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice specific to your situation.

New York's landlord-tenant laws are governed by N.Y. Real Prop. Law § 220 et seq.; Housing Stability & Tenant Protection Act of 2019. The state receives a tenant-friendliness grade of A (Very Tenant-Friendly) based on deposit protections, eviction procedures, rent control status, habitability standards, and available tenant remedies. New York enacted sweeping tenant protections in 2019 (HSTPA). Security deposits capped at 1 month statewide. Late fees capped. NYC has rent stabilization covering ~1 million units. Upstate cities can adopt local rent laws. Just cause eviction in effect in some jurisdictions.

Tenant-Friendliness Grade A 85/100 - Very Tenant-Friendly
Security Deposit Max 1 month's rent Return within 14 days
Eviction Notice 14 days For nonpayment of rent
Rent Control Local Rent Control Allowed
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Security Deposit Rules in New York

Maximum Deposit 1 month's rent
Return Deadline 14 days after move-out

New York limits security deposits to 1 month's rent. This cap helps ensure that tenants are not burdened with excessive upfront costs when renting a home. Landlords must return the deposit within 14 days after the tenant vacates, typically with an itemized list of any deductions for damages beyond normal wear and tear.

Eviction Process in New York

Nonpayment Notice 14 days
Lease Termination Notice (Month-to-Month) 30 days
Late Fee Limits $50 or 5% of monthly rent (whichever is less)

In New York, a landlord must provide 14 days' written notice before filing for eviction based on nonpayment of rent. This is one of the longer notice periods nationally, giving tenants meaningful time to pay overdue rent or find alternative housing. For month-to-month tenancies, 30 days' notice is required to end the tenancy. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in New York.

Tenant Rights in New York

Habitability Standard Strong implied warranty of habitability (Real Prop. Law § 235-b)
Rent Withholding Allowed
Repair and Deduct Allowed
Landlord Entry Notice Reasonable notice

Tenants in New York have robust remedies when landlords fail to maintain habitable conditions. Both rent withholding and repair-and-deduct are available, giving tenants meaningful leverage to compel necessary repairs. However, tenants must follow the proper legal procedure — typically providing written notice and allowing the landlord a reasonable time to make repairs — before exercising these remedies.

Rent Control in New York

Status Local Rent Control Allowed

New York allows individual cities and municipalities to adopt their own rent control or rent stabilization ordinances. This means tenant protections can vary significantly depending on where you live within the state. Check your local city ordinances for specific rent control provisions.

Landlord Obligations in New York

Landlords in New York are generally required to:

  • Comply with building and housing codes affecting health and safety
  • Maintain common areas in a clean and safe condition
  • Keep electrical, plumbing, heating, and other systems in good working order
  • Provide and maintain appropriate trash receptacles
  • Supply running water and reasonable amounts of hot water
  • Provide Reasonable notice notice before entering the rental unit (except emergencies)
  • Return security deposits within 14 days with an itemized statement of deductions
  • Follow proper legal procedures for eviction (no self-help evictions)

City-Specific Landlord-Tenant Information in New York

Many cities in New York have additional local ordinances or practices that affect landlord-tenant relationships. Below are notes for 5 major cities.

New York City

NYC has rent stabilization covering ~1 million apartments. Rent Guidelines Board sets annual increases. HPD enforces housing maintenance code. Tenants have extensive protections under city and state law.

Buffalo

Subject to statewide HSTPA protections. No additional local rent control.

Rochester

Follows state law. No local rent stabilization.

Syracuse

No local rent control. Follows statewide HSTPA protections.

Albany

State capital subject to HSTPA. Good Cause Eviction law applies.

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Tenant-Friendliness Score Breakdown

Our scoring system evaluates each state across six categories of tenant protection. New York scores 85 out of 100, earning a grade of A (Very Tenant-Friendly).

Deposit Protection 20/20
Eviction Protection 16/20
Rent Control 10/15
Habitability Standard 15/15
Entry Notice 4/10
Tenant Remedies 20/20

How New York Compares

Below is a comparison of New York with five states that have similar tenant-friendliness scores. This can help you understand where New York falls on the spectrum of tenant protections nationwide.

State Score Grade Deposit Limit Eviction Notice Rent Control
New York (NY) 85 A 1 month's rent 14 days Local Rent Control Allowed
District of Columbia (DC) 88 A 1 month's rent 30 days Statewide Rent Control
California (CA) 81 A 1 month's rent 3 days Statewide Rent Control
Vermont (VT) 79 A No statutory limit 14 days Local Rent Control Allowed
New Jersey (NJ) 78 A 1.5 months' rent 30 days Local Rent Control Allowed
Delaware (DE) 76 A 1 month's rent (no pet deposit limit beyond security deposit) 5 days No Rent Control

Frequently Asked Questions About New York Landlord-Tenant Laws

How much can a landlord charge for a security deposit in New York?

In New York, the security deposit limit is 1 month's rent. The landlord must return the deposit within 14 days after the tenant moves out, along with an itemized list of any deductions.

How many days notice before eviction in New York?

For nonpayment of rent, New York requires 14 days notice before a landlord can file for eviction. For lease termination without cause, 30 days notice is typically required. The actual court process takes additional time.

Can I withhold rent in New York if my landlord won't make repairs?

Yes, New York allows tenants to withhold rent for habitability issues after providing written notice and allowing reasonable time for repairs.

Does New York have rent control?

New York allows local municipalities to enact rent control. Check with your city for local rules.

How much notice must a landlord give before entering in New York?

Landlords in New York must give Reasonable notice notice before entering, except in emergencies.

Relevant Statutes

The landlord-tenant laws of New York are primarily found in N.Y. Real Prop. Law § 220 et seq.; Housing Stability & Tenant Protection Act of 2019. These statutes cover security deposits, lease requirements, eviction procedures, landlord obligations, and tenant remedies. For the most current version of the law, consult your state legislature's website or a qualified attorney.

Explore More States

Use our landlord-tenant law lookup tool to quickly find laws for any state, or browse all 50 states compared side-by-side. Remember that local city ordinances may provide additional protections beyond what state law requires.

This information is provided for educational purposes only and is not legal advice. Consult a qualified attorney for legal guidance on your specific situation.