New York Landlord-Tenant Law 2026: Security Deposits, Evictions, Lease Rules & HSTPA Guide

Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with New York-specific rules — security deposit limits, required disclosures, late fee provisions, rent stabilization calculations, and eviction notice requirements — automatically enforced for every New York property.

New York's landlord-tenant relationship is governed by the New York Real Property Law (RPL), the New York Real Property Actions and Proceedings Law (RPAPL), and the landmark Housing Stability and Tenant Protection Act of 2019 (HSTPA), which dramatically reshaped landlord-tenant law across the state. New York City has additional protections under the New York City Administrative Code and the Rent Stabilization Code. New York is one of the most tenant-protective states in the country. Here's everything you need to know.

Security deposits in New York

Key details:

• The HSTPA (2019) capped security deposits at one month's rent for all residential tenancies statewide (NY GOL 7-108). Previously there was no statewide cap (though NYC limited deposits to 1 month for rent-stabilized units)
• Landlords are prohibited from collecting any additional deposits or fees beyond one month's rent — this includes last month's rent, pet deposits, key deposits, move-in fees, and any other upfront charges (NY GOL 7-108(1-a)(a))
• The only exception is a legitimate application fee, capped at $20 (NY RPL 238-a)
• The deposit must be held in a New York banking institution (not commingled with the landlord's personal funds), and the landlord must notify the tenant of the bank name and address (NY GOL 7-103)
• For buildings with 6 or more units, the landlord must hold the deposit in an interest-bearing account and pay the tenant interest annually (minus a 1% administrative fee the landlord may retain) (NY GOL 7-103(2-a))
• The landlord must return the deposit or provide an itemized statement of deductions within 14 days after the tenant vacates (NY GOL 7-108(1-e))
• If the landlord fails to provide the itemized statement within 14 days, the landlord forfeits all rights to retain any portion of the deposit
• The landlord cannot deduct for normal wear and tear, and must provide reasonable proof of damages (receipts, photographs, estimates)
• Before move-in, the landlord must provide the tenant with a written receipt for the deposit, stating the deposit amount and the bank where it is held
• Pre-move-out inspections: while not explicitly required by state law, NYC requires landlords of rent-stabilized units to conduct move-out inspections

Eviction process in New York

New York eviction (called a summary proceeding) is governed by the RPAPL Article 7. Self-help evictions are illegal and can result in criminal charges and civil liability.

Good Cause Eviction Law

New York enacted statewide good cause eviction protections effective in 2024, which apply to most residential tenants. Under this law:

• Landlords must have good cause to evict any covered tenant
• Good cause includes nonpayment of rent, violation of lease terms, nuisance, illegal use, refusal of reasonable access, and owner occupancy (among others)
• The law also limits rent increases to the lesser of 5% or the local CPI for covered units during the lease term and for renewals. Increases above this threshold can be challenged by the tenant as unreasonable, and the landlord bears the burden of proving the increase is justified
• Exemptions: owner-occupied buildings with 10 or fewer units, new construction (first 30 years), units with rent above a high-rent threshold, and some other categories

Step 1: Serve proper notice

Important notice rules:

• The 14-day rent demand is a prerequisite to filing a nonpayment proceeding. It must be in writing and demand the exact amount of rent owed. It must be served by personal delivery, substituted service, or conspicuous posting (RPAPL 711(2))
• For lease violations, the landlord must first serve a Notice to Cure giving the tenant a reasonable opportunity (typically 10 days) to fix the violation. If the tenant does not cure, the landlord then serves a Notice of Termination giving at least 30 days' notice
• For month-to-month tenancies, the notice period depends on the length of tenancy: 30 days (less than 1 year), 60 days (1-2 years), or 90 days (2+ years) — per NY RPL 226-c (HSTPA 2019)
• All notices must be served by personal delivery, substituted service (leaving with a person of suitable age + mailing), or conspicuous place service (affixing to the door + mailing)
• NYC rent-stabilized tenants have additional protections and cannot be evicted except for specific causes outlined in the Rent Stabilization Code

Step 2: File a petition in Housing Court

If the tenant does not comply, file a petition (nonpayment or holdover) in Housing Court (NYC) or City/Town/Village Court (outside NYC). Filing fees are approximately $45 in NYC Housing Court.

Step 3: Tenant's response and hearing

The tenant is served with the petition and a notice of hearing. The hearing is typically scheduled within 3-8 days in NYC Housing Court. The tenant may raise defenses and counterclaims.

Step 4: Trial or settlement

If the case is not resolved at the initial hearing, it proceeds to trial. New York courts strongly encourage stipulations of settlement (negotiated agreements). Many cases are resolved through stipulations that give the tenant additional time to pay or vacate.

Step 5: Warrant of eviction

If the court issues a judgment of possession, the landlord obtains a warrant of eviction. In NYC, the City Marshal or Sheriff executes the warrant, providing the tenant with a 14-day notice before the physical eviction. Outside NYC, the notice period varies by jurisdiction (typically 72 hours to 14 days).

Total timeline: Uncontested cases in NYC can take 2-3 months. Contested cases often take 4-8 months or longer. Outside NYC, timelines are generally shorter but still measured in months.

Late fees in New York

Key details:

• The HSTPA (2019) capped late fees at the lesser of $50 or 5% of the monthly rent (NY RPL 238-a). For rent of $1,000 or more, the cap is $50. For rent under $1,000, it is 5% of rent
• This is one of the strictest late fee caps in the nation
• Rent-stabilized units in NYC have a mandatory 5-day grace period before any late fee can be charged
• While state law does not mandate a grace period for non-stabilized units, many leases include one as standard practice (typically 5 days)
• Only one late fee may be charged per late payment — daily or accumulating late fees are not permitted under the HSTPA
• Late fees must be specified in the written lease agreement
• The landlord cannot charge late fees for rent paid during an eviction proceeding or during any period where the tenant is withholding rent due to habitability issues

Lease requirements in New York

New York requires a written lease for tenancies longer than one year (Statute of Frauds, NY GOL 5-703). However, written leases are standard practice for all tenancies. NYC rent-stabilized tenants must be offered a written lease renewal.

Required lease provisions

• Names of all parties — landlord and all tenants
• Property address and apartment/unit number
• Lease term — start date, end date
• Rent amount and due date
• Security deposit amount (cannot exceed 1 month's rent)
• Late fee terms (cannot exceed $50 or 5% of rent, whichever is less)
• Tenant's right to a habitable dwelling
• Emergency contact information for the landlord or managing agent

Required disclosures at or before lease signing

1. Lead-based paint disclosure — properties built before 1978 (federal, 42 U.S.C. 4852d)
2. Lead paint notice (NYC Local Law 1) — NYC landlords of buildings built before 1960 (or 1960-1978 with known lead paint) must give specific notice about lead paint hazards
3. Window guard notice — NYC landlords must provide a notice asking if children 10 years or younger reside in the apartment and must install window guards if so (NYC Health Code 131.15)
4. Bedbug disclosure — landlords must disclose the bed bug infestation history for the building and the specific unit for the previous year (NY RPL 235-bb, effective 2017)
5. Stove knob covers (NYC) — landlords must provide stove knob covers or locking oven doors where children under 6 reside (NYC Local Law 117)
6. Mold disclosure — not specifically required by state statute, but NYC's Local Law 55 requires landlords to address mold conditions, and NYC Department of Health guidelines create obligations
7. Flood zone disclosure — not required by state statute, but recommended, especially for properties in FEMA-designated flood zones
8. Sprinkler system disclosure — for NYC buildings, disclosure of sprinkler system status (NYC Admin Code 27-2046.3)
9. Smoke and carbon monoxide detector notice — landlord must provide and maintain detectors (NY Executive Law 378-a, Multiple Dwelling Law 68, and General Business Law 399-cc)
10. Air quality (NYC) — indoor allergen hazards disclosure for NYC buildings with 3+ units (NYC Local Law 55, Health Code Article 173)
11. Rent stabilization status — the landlord must disclose if the unit is rent-stabilized and provide a copy of the DHCR rent registration (HSTPA)
12. Tenant's rights notice — a document outlining tenant rights must accompany the lease (NY RPL 235-e, requires the "Tenants' Rights" booklet for NYC)

NYC-specific lease rules

• Rent-stabilized tenants have the right to a one- or two-year renewal lease at the rent increase rate set by the Rent Guidelines Board
• The landlord must offer the renewal lease 90-150 days before the lease expires
• All NYC residential leases must include a rider describing the rights and duties of landlords and tenants (NYC Admin Code 26-518)

Maintenance and repairs in New York

Landlord obligations

New York imposes a strong warranty of habitability (NY RPL 235-b) that cannot be waived by the tenant. Landlords must:

• Maintain the premises in a condition fit for human habitation throughout the tenancy
• Maintain all essential services — heat (October 1 - May 31), hot water (120 degrees, 24/7), cold water, electricity, elevator service (if applicable), and adequate plumbing
• Keep the premises in good repair and comply with all applicable building codes, housing codes, and health codes
• Maintain common areas in a clean and safe condition
• Provide adequate heat: between October 1 and May 31, the temperature must be at least 68 degrees (daytime, 6 AM - 10 PM when outdoor temp is below 55) and 62 degrees (nighttime) in NYC (NYC Admin Code 27-2029)
• Provide hot water at a minimum of 120 degrees Fahrenheit at all times (NYC)
• Maintain the property free from vermin, rodents, and pest infestations (including bed bugs)
• Install and maintain smoke detectors and carbon monoxide detectors
• Install and maintain window guards upon request in units with children 10 or younger (NYC)
• Address lead paint hazards in buildings built before 1960 in NYC (Local Law 1 / Local Law 31)
• Maintain locks and security — provide a working lock on the entry door, a peephole, and a chain door guard (NYC Multiple Dwelling Law)
• Provide adequate lighting in hallways and common areas

Tenant remedies for repair failures

New York provides tenants with robust remedies:

1. Rent abatement — the court may order a rent reduction proportional to the reduction in habitability. This is the most common remedy
2. Rent withholding — tenants may withhold rent if the landlord fails to maintain habitable conditions. The tenant should deposit withheld rent in a separate account
3. HP proceedings (NYC) — tenants can bring a Housing Part (HP) proceeding in Housing Court to compel the landlord to make repairs. The court can issue orders and impose civil penalties
4. 311 complaints (NYC) — tenants can file complaints with the Department of Housing Preservation and Development (HPD), which will send inspectors
5. Repair and deduct — while not explicitly authorized by statute, New York courts have recognized a tenant's right to make essential repairs and deduct the cost from rent in some circumstances
6. Constructive eviction — if conditions are so severe that the unit is uninhabitable, the tenant may vacate and terminate the lease

Tenant obligations

Tenants must:

• Keep the dwelling clean and free of vermin (to the extent within the tenant's control)
• Use all systems and appliances reasonably
• Not damage the property willfully or negligently
• Comply with all building and housing codes affecting health and safety
• Dispose of garbage properly
• Not disturb neighbors' peaceful enjoyment

Rent increase rules in New York

Rule	New York Law
Notice required (less than 1 year tenancy)	30 days
Notice required (1-2 year tenancy)	60 days
Notice required (2+ year tenancy)	90 days
Rent stabilization (NYC)	Set annually by Rent Guidelines Board
Good Cause Eviction rent cap	Lesser of 5% or local CPI (rebuttable)
Mid-lease increases	Not permitted unless lease contains escalation clause
Retaliatory increases	Prohibited (NY RPL 223-b)

Key details:

• The HSTPA (2019) established tiered notice requirements based on tenancy length: 30 days (less than 1 year), 60 days (1-2 years), 90 days (2+ years) (NY RPL 226-c)
• These notice requirements apply to all residential tenancies statewide, not just month-to-month
• Rent-stabilized units in NYC are subject to rent increases set by the Rent Guidelines Board (RGB), which votes annually on the maximum percentage increase for one-year and two-year lease renewals. Recent increases have ranged from 1.5% to 5%
• Good Cause Eviction law limits rent increases to the lesser of 5% or local CPI for covered units. Increases above this threshold may be challenged by the tenant, and the landlord must demonstrate the increase is reasonable based on operating costs, improvements, or market conditions
• Vacancy decontrol was eliminated by the HSTPA (2019) — rent-stabilized units remain stabilized regardless of rent level or tenant turnover. This was a major change from prior law
• Rent increases cannot be retaliatory — NY RPL 223-b prohibits rent increases within one year of a tenant filing a complaint, joining a tenant organization, or exercising any legal right
• For fixed-term leases, rent cannot be increased during the lease term unless the lease contains a specific escalation clause

Rent stabilization in NYC:

Year	1-Year Renewal	2-Year Renewal
2024-2025	2.75%	5.25%
2023-2024	3.0%	2.75%
2022-2023	3.25%	5.0%

*Note: RGB rates are set annually in June and take effect October 1.*

Cities with rent stabilization or rent control:

• New York City — Rent Stabilization (buildings with 6+ units built before 1974) and Rent Control (continuous tenancy since before July 1, 1971)
• Nassau, Westchester, and Rockland Counties — Emergency Tenant Protection Act (ETPA) applies in some municipalities
• Other municipalities may opt into good cause eviction protections

Required disclosures in New York (detailed)

Disclosure	When Required	Statute
Lead-based paint	Properties built before 1978	42 U.S.C. 4852d (federal)
Lead paint (NYC Local Law 1)	Buildings built before 1960 in NYC	NYC Admin Code 27-2056.4
Bed bug history	All residential leases	NY RPL 235-bb
Window guards (NYC)	All NYC apartments	NYC Health Code 131.15
Smoke/CO detectors	All residential leases	NY Executive Law 378-a
Rent stabilization status	If applicable	HSTPA / RSC
Mold	Recommended (NYC required under LL 55)	NYC Local Law 55
Flood zone	Recommended	N/A (state), local may vary
Sprinkler system (NYC)	NYC buildings	NYC Admin Code 27-2046.3
Stove knob covers (NYC)	Units with children under 6	NYC Local Law 117
Air quality / allergens (NYC)	Buildings with 3+ units	NYC Health Code Art. 173
Tenant rights booklet	All NYC residential leases	NY RPL 235-e

New York (particularly NYC) has among the most extensive disclosure and notice requirements in the country. NYC landlords must be especially diligent, as failure to comply can result in HP violations, civil penalties, and tenant defenses in eviction proceedings.

Tenant rights in New York

Tenants in New York have the right to:

• Habitable housing — the warranty of habitability is non-waivable and among the strongest in the nation (NY RPL 235-b)
• Privacy — the landlord must give reasonable notice (no specific statutory minimum, but 24 hours is standard practice and often required by lease) before entering the unit. Entry without notice or consent is trespass
• Security deposit protections — maximum 1-month deposit, 14-day return with itemized deductions, interest for buildings with 6+ units, no additional fees or deposits (HSTPA)
• Rent stabilization — eligible tenants have the right to lease renewals at regulated rates
• Good Cause Eviction protections — covered tenants cannot be evicted without good cause and can challenge unreasonable rent increases
• Freedom from retaliation — landlord cannot increase rent, decrease services, or evict within 1 year of a tenant exercising legal rights (NY RPL 223-b)
• Right to organize — tenants may form or join tenant organizations without retaliation
• Rent overcharge claims — tenants can file complaints with DHCR for overcharges in rent-stabilized units, with a 6-year lookback period (expanded by HSTPA)
• Succession rights — family members of rent-stabilized tenants may succeed to the lease under certain conditions
• Domestic violence protections — victims may terminate leases early (NY RPL 227-c)
• Military protections — under the Servicemembers Civil Relief Act (federal) and NY Military Law
• Right to repairs — multiple remedies including HP proceedings, 311 complaints, rent abatement, and rent withholding
• Heat and hot water — guaranteed essential services during heating season (Oct 1 - May 31)
• Receipt for rent — landlord must provide a written receipt for rent paid in cash (NY RPL 235-e)
• Roommate rights — tenants may have at least one roommate regardless of lease provisions (NY RPL 235-f, "Roommate Law")

How Tenby helps New York landlords

Tenby's compliance engine handles New York-specific requirements automatically:

• 1-month deposit cap enforcement (HSTPA) with automatic calculation and prohibition of additional fees
• 14-day deposit return tracking with countdown alerts and itemized deduction templates
• Interest calculation for buildings with 6+ units (automatic annual interest disbursement tracking)
• Good Cause Eviction compliance — identifies covered units and calculates the 5%/CPI rent increase threshold
• Rent stabilization integration — tracks RGB rates and generates compliant renewal offers
• Tiered notice period tracking — automatically calculates 30/60/90-day notice requirements based on tenancy length
• 14-day rent demand generation for nonpayment proceedings
• $50 or 5% late fee cap enforcement with automatic calculation
• Bed bug history disclosure tracking per unit
• Required disclosure checklist — comprehensive NYC and state disclosure compliance at lease creation
• HP violation tracking — monitors repair obligations and deadlines
• Heating season compliance — tracks heat requirements (Oct 1 - May 31) and temperature minimums
• Move-in/move-out inspection workflow with photo documentation
• Eviction timeline guidance with proper notice generation

The bottom line

New York is one of the most complex and tenant-protective states for landlords. The HSTPA (2019) and Good Cause Eviction law have significantly expanded tenant protections statewide, and NYC adds extensive additional requirements. Key rules to remember: maximum 1-month security deposit (no additional fees), 14-day return deadline (or forfeit the deposit), $50 or 5% late fee cap, tiered notice periods (30/60/90 days), good cause eviction requirements, and extensive disclosure obligations. NYC landlords face additional layers including rent stabilization, window guards, lead paint compliance, and HP proceedings. Follow NY RPL, know your local ordinances, document everything meticulously, and use automation to stay compliant.