Understanding New York landlord-tenant law is critical to crafting lease agreements, navigating statewide regulations, handling disputes between renters and property managers, and more.
This guide organizes all the essential information, including tenant screening protocols, fair housing laws, lease agreement requirements, security deposit regulations, maintenance responsibilities, rent control laws, and eviction procedures.
Stay tuned to educate yourself on New York landlord-tenant laws and your rights and responsibilities as a landlord or tenant.
Marketing. Applications. Leases. Payments.
Best Practices for Screening Prospective Tenants
New York is one of eleven states that cap rental application fees. Landlords can charge up to $20 per applicant but must waive these costs if a tenant provides a screening report generated within the last 30 days (NY RPL § 238-a).
Typically, each applicant over 18 years old needs to submit their own rental application and pay the fee to the landlord.
As with the rest of the US, New York Landlords must abide by all federal fair housing laws when screening tenants, which we’ll analyze in depth in the next section.
Landlords looking to streamline their tenant screening and rental application procedures should consider using property management software to help them navigate the process.
Compliance with Fair Housing Laws in New York
The federal Fair Housing Act, which applies in all 50 states, prevents landlords from discriminating against applicants when selecting renters for their properties.
What actions are considered housing discrimination?
Property owners cannot refuse to rent, sell, negotiate, or otherwise make housing unavailable to anyone based on race, color, sex (including gender identity and sexual orientation), religion, national origin, disability, or familial status.
How can discrimination be avoided in rental practices?
Landlords aiming to prevent any form of housing discrimination should have proper protocols in place to ensure they enact fair housing practices. Here are a few tips that can help:
- Read up on fair housing laws regularly; understanding the legislation is half the battle
- Create an equal opportunity rental application, free from questions that reveal personal information covered by the Fair Housing Act
- Consider the context of an applicant’s criminal history; it is illegal to automatically deny an applicant due to their criminal record
What are the repercussions for fair housing violations?
Property owners in violation of federal fair housing laws could face numerous legal and financial consequences, including:
- Injunctions that require landlords to cease all discriminatory housing practices
- Paying damages to victims to compensate for financial losses and emotional distress
- Civil fines aimed to discourage landlords from future fair housing violations
- Criminal litigation that results in fines or imprisonment (in extreme cases)
Those who believe they have been victims of discriminatory housing practices should seek legal assistance or file a formal complaint with the US Department of Housing and Development (HUD) or the New York State Division of Housing and Community Renewal.
New York Lease Agreements and Sample
For non-rent stabilized or controlled units, rental agreements between landlords and tenants are not legally required in New York, although they are highly encouraged. A legally binding New York lease should set rental terms, clarify expectations, and protect the rights of both tenants and landlords.
The majority of written lease agreements fall into one of two types:
- Fixed-term: Rental agreements with a fixed start and end date
- Month-to-month: Rental agreements lasting a single month at a time
| Property Address: | 1200 Broadway Ave. Unit #104 Buffalo, NY 14201 | |
| Lease Start Date | 3/01/21 | See section 1.5 |
| Lease End Date: | 2/28/22 | See section 1.5 |
| Total Monthly Rent: | $1,620.00 | See section 1.6 |
| Monthly Base Rent: | $1,500.00 | See section 1.6 |
| Monthly Pet Rent: | $120.00 | See section 1.6 |
| Prorated Rent Amount: | $1,000.00 | See section 1.10 |
| Total Deposit(s): | $1,500 | See section 1.8 |
| Security Deposit: | N/A | See section 1.8 |
| Pet Deposit: | N/A | See section 1.8 |
| Other Deposit: | N/A | See section 1.8 |
| Total Non Refundable Fee(s): | $100.00 | See section 1.9 |
| Move-in Fee: Description | $100.00 | See section 1.9 |
| Late Fee: | 5% or $50, whichever is less, if not paid by the 5th. | See section 2.1 |
Which lease terms are legally required in New York?
No New York landlord-tenant law stipulates that New York landlords to include specific terms in a written lease agreement, though the following are standard practice:
- Length of residency
- Name of the parties (tenant and landlord)
- Rent amount and due date
- Security deposit and return policy
- Tenant’s rights and responsibilities
- Landlord’s rights and responsibilities
- Dispute resolution process
If any of the above terms aren’t included in a lease (or there is no written rental agreement in place), landlords and tenants are still obligated to adhere to local and federal landlord-tenant laws.
What constitutes legal renting in New York?
Legal renting within New York means tenants and landlords must comply with specific laws and regulations to engage in a legitimate tenancy. Legal renting includes:
- Following fair housing laws: Landlords must not discriminate against applicants or tenants based on certain factors outlined in the Fair Housing Act
- Providing habitable conditions: Landlords must provide tenants with a safe and habitable rental unit by providing essential utilities, executing timely repairs, addressing safety issues, and more
- Security deposit laws: Landlords must adhere to New York security deposit laws, which we will cover in detail in the following section
- Rent control and stabilization laws: Landlords in New York City, Albany, and parts of Westchester County must comply with local rent control and stabilization regulations that limit the amount and frequency of rent increases.
- Lease agreement terms: If either the landlord or tenant breaches their lease agreement, they might face legal repercussions (unless they break their lease for a supported reason)
What tenant documentation is required?
Though not mandated by the State of New York, landlords usually require that tenants provide them with some combination of the following documentation: proof of income, an accurate rental application, contact information, official government identification (driver’s license or passport), a credit report, a background check, or past rental references.
Thorough tenant documentation is crucial for landlords to properly screen applicants, resolve disputes, comply with fair housing laws, and create a direct line of communication.
What are the mandatory landlord disclosures in New York?
Per New York landlord-tenant law, landlords must disclose specific information to tenants before a lease agreement is finalized. Mandatory New York landlord disclosures include:
- Lead-based paint: If a rental unit was built before 1978, landlords must disclose the presence of lead paint to tenants; this is a federally required disclosure.
- Flood history: Landlords must disclose if the rental unit is within a floodplain or has been flooded in the past due to a natural event.
- Reasonable accommodation: Landlords must inform tenants of their right to request reasonable modifications to a rental unit due to a disability.
- Bedbugs: Landlords must provide tenants with a one-year history of bed bug infestations within the building (even if the individual unit itself wasn’t affected).
- Air contamination: If the government issues a property owner a report stating their building has high concentrations of volatile organic compounds (VOCs), the landlord must disclose the notice to tenants.
- Security deposit information: The landlord must provide the bank name and address where the tenant’s security deposit will be held.
- Presence of a sprinkler system: Landlords must inform tenants of the presence of a sprinkler system within their rental unit and, if one exists, the date it was last serviced.
- Good Cause Notice: Landlords must give notice whether or not the rental unit is covered by the New York State Good Cause Eviction Law (Article 6-A of the Real Property Law).
Note: TurboTenant is working to update our New York lease agreements to ensure they include all the required disclosures; the updated lease agreement will be available soon.
Security Deposits in New York
Security deposits — non-rent payments from a tenant to a landlord to begin a lease agreement — help landlords pay for property damage caused by tenants beyond normal wear and tear or to recoup unpaid rent. Though not required by New York landlord-tenant law, collecting security deposits is commonplace among landlords nationwide.
What are the guidelines for security deposit collection?
With exceptions for furnished rentals and properties in rent-controlled/stabilized areas, New York landlords can collect a security deposit of up to one month’s rent (NY GOL § 7-108). As specified earlier, landlords must also provide tenants with the bank’s name and the address where their security deposit will be held.
Landlords can charge tenants additional fees in addition to security deposits, such as pet deposits or post-occupancy cleaning fees.
When can deductions be made from security deposits?
Landlords are allowed to deduct money from security deposits for specific reasons, usually outlined within the rental contract:
- Damage to rental property beyond normal wear and tear
- Unpaid rent or late fees if not paid by the end of the lease
- Cleaning fees to cover the cost of sanitizing a unit after a tenant has moved out
For transparency and legal protection during a potential dispute, landlords should document each security deposit deduction in detail and share the records with the tenant.
How should security deposits be returned?
For non-rent stabilized or controlled housing, New York landlords are legally required to return security deposits, minus any deductions, to tenants within the 14 days immediately following a tenancy. Landlords should also provide an itemized statement summarizing any deductions taken from the security deposit.
If a landlord does not return the security deposit within the 14-day timeframe, they are not entitled to keep any portion of it, regardless of any property damage caused by the tenant, owed rent, or late fees.
Landlord Maintenance Responsibilities
New York landlords must maintain a habitable rental unit for tenants, meaning the property should be clean, safe, and fit for habitation at all times (NY RPL § 235-b).
What are the legal standards for property conditions?
To be considered habitable, a New York landlord must ensure that a rental unit has:
- Essential services like electricity, gas, heat, and water
- Pest control to address and prevent insect and rodent infestations
- Structural integrity of the foundation, roof, etc.
- Plumbing and electrical systems that function properly
- Working safety devices like smoke alarms and carbon monoxide detectors
What is the proper protocol for repairs?
If a rental property becomes uninhabitable, a tenant has the right to contact the landlord and request urgent repairs to address the issue(s) at hand.
The landlord is obligated to perform the repair in a timely fashion, but if they are unresponsive or refuse to do so, the tenant can pay and deduct the cost from rent, file a formal complaint against the landlord with their local division of housing, or legally terminate their lease due to the landlord’s failure to maintain habitability standards.
Do landlords need to give tenants advance notice before accessing a rental property?
According to the New York Residential Tenants’ Rights Guide, landlords must give tenants “reasonable notice” before entering their homes, although specific timeframes are not specified.
As an exception, landlords can enter a tenant’s home without advance notice during an emergency or if the renter gives them explicit permission.
If a landlord fails to give reasonable notice before entering a rental unit, their entry could be considered a violation of the tenant’s privacy. Repeated improper entries could also constitute landlord harassment.
In such cases, a landlord’s behavior could be seen as a breach of the lease agreement, exposing them to potential legal action or allowing the tenant to terminate the lease early without repercussions.
Late Rent Fee Regulations
New York tenants are typically allowed a five-day grace period after rent is due to make a rent payment to their landlord without penalty. If a tenant fails to pay rent within the grace period, landlords can charge late fees of up to $50 or 5% of rent, whichever amount is less (NY RPL § 238-a).
After rent is more than five days overdue, landlords can issue tenants a 14-day notice to cure. If the tenants don’t pay their overdue rent by the end of the notice, they’ll be susceptible to an eviction lawsuit from the landlord.
Rent Control in New York
Rent control laws that limit how much New York landlords can increase a tenant’s rent are allowed statewide, although cities and counties ultimately decide whether or not to enact regulations. New York City, for example, actively enforces rent control laws.
Starting on October 1st, 2024, landlords in New York City can increase rent a maximum of 2.75% from the previous lease’s one-year term, while two-year fixed-term leases are capped at 5.25%. Month-to-month rent increases within New York City require an agreement between landlord and tenant.
New York rent control laws are complex, ever-evolving, and vary from jurisdiction to jurisdiction. For these reasons, we won’t cover all the regulations in depth here. Instead, we encourage you to visit our New York Rent Control Page for more extensive information.
Lease Renewal and Termination
New York landlords are not required to allow tenants to renew fixed-term leases unless the tenants reside in a rent-stabilized unit.
Landlords who choose not to renew a tenant’s fixed-term lease should extend reasonable notice to the tenant within a timeframe defined in the lease, typically 30 days or longer. Likewise, fixed-term tenants should notify landlords if they don’t intend to renew their lease within the agreed-upon timeframe.
Tenants and landlords in month-to-month leases should notify the other party 30 days or more before the desired move-out date if they intend to end a lease agreement.
In accordance with fair housing laws, landlords cannot refuse a fixed-term lease renewal or terminate a month-to-month tenancy based on a tenant’s race, color, sex (including gender identity and sexual orientation), religion, national origin, disability, and familial status.
Certain circumstances allow New York tenants to break a lease before its end date without fear of legal consequences. They are:
- Uninhabitable living conditions
- Domestic violence or elder abuse
- Active-duty military obligations
- Tenant or their spouse is moving to a senior living facility
- Landlord harassment or privacy violations
Landlords can attempt to prematurely terminate a rental agreement if a tenant violates the terms of their lease, though doing so will likely require formal eviction proceedings.
Eviction Procedures for New York Landlords
Eviction procedures vary from state to state, so New York landlords should understand their specific guidelines before attempting to expel an unwanted tenant.
What justifications exist for eviction?
New York adheres to ‘just cause’ eviction laws, meaning landlords cannot evict tenants without a valid reason.
In New York, landlords valid reasons for eviction include:
- Uncured lease violations
- Non-payment of rent
- Nuisance activity
- Criminal activity
- Remaining in rental unit beyond the lease term
- Owner’s intent to occupy the premises (with reasonable cause)
What is the eviction process?
If a tenant demonstrates a just cause for eviction, the landlord must follow New York state protocols to ensure a lawful eviction. These are the steps a landlord must take to evict a tenant in New York:
- The landlord provides the tenant a Notice to Quit or Notice to Cure, explains the reason for eviction, and gives the tenant a timeframe in which to vacate the property
- The tenant has a chance to cure the eviction issue (in some cases), meaning they can avoid eviction if they address the issue at hand within a given timeframe
- The landlord files an eviction lawsuit with the courts, the tenant is served with a court summons, given a copy of the lawsuit, and assigned a court date
- The judge makes a ruling to evict the tenant or to allow them to remain at the property; if the judge decides to evict, the landlord will be given a warrant of eviction
- Law enforcement schedules an eviction (once in possession of a warrant of eviction) and removes the tenant from the rental property on behalf of the landlord
Note: Landlords and tenants facing potential eviction proceedings should document all relevant occurrences in detail and consider hiring legal representation should the case go to court.
Statewide and Local Ordinances
New York’s official landlord-tenant legislation can be found online within The Consolidated Laws of New York on the New York State Senate website. The Residential Tenants’ Rights Guide contains 71 pages of valuable information for renters.
Local ordinances in New York can vary from jurisdiction to jurisdiction, so it’s often critical to reference a city’s or county’s legislation to understand its laws on a local level. Municode is a reliable resource for obtaining these local ordinances.
Federal Landlord-Tenant Laws
Certain federal regulations and organizations affect landlord-tenant laws on a national level. A few of these include:
- Fair Housing Act: Prohibits discrimination against applicants and tenants
- Americans with Disabilities Act: Prohibits discrimination against individuals with disabilities
- US Department of Housing and Development (HUD): The organization that enforces federal fair housing laws, including the Fair Housing Act
These federal legislations apply to landlords and tenants across all 50 states and cannot be superseded by any state’s local laws.
Managing Tenant Legal Disputes as a New York Landlord
Legal disputes between landlords and tenants can become time-consuming, stressful, and burdensome. Enlisting assistance to navigate the legal system could prove valuable for both parties.
Here are a few helpful resources for New York landlords and tenants:
- Legal Aid Society: Provides free and low-cost legal services to New Yorkers
- New York State Bar Association: Connects individuals with lawyers who specialize in New York landlord-tenant law
- New York State Division of Housing and Community Renewal: Regulates statewide housing laws in New York and provides resources like dispute resolution assistance
- New York City Housing Preservation and Development Department: Regulates housing laws in New York City and provides resources on rent control
Additional Resources
- Fair Housing Justice Center
- New York Attorney General: Fair Housing
- New York City Fair Housing
- HUD Tenant Rights, Laws and Protections: New York
Other State Resources
City-Specific Housing Resources
New York City
Buffalo
Rochester
Yonkers
Syracuse
Albany
- Your Rights as a Renter | Albany, NY
- Tenants’ Rights: Common Mistakes | Albany, NY
- United Tenants of Albany, Inc – Resources for Tenants
Federal Fair Housing Resources
Manage Your Landlord-Tenant Relationship with TurboTenant
New York landlord-tenant laws can be stressful to navigate. Thankfully, streamlining your operation with property management software can ease your concerns by:
- Screening applicants in accordance with fair housing laws
- Creating New-York-specific rental applications for prospective tenants
- Generating legally binding lease agreements with relevant New York disclosures
- Handling tenant maintenance requests to ensure rentals are habitable
- Collecting rent from tenants and automatically assessing late fees
Sign up for a free TurboTenant account today to experience how our low-stress, high-reward property management software can help you.
Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.
New York Landlord-Tenant Law FAQs
What are landlords required to provide by law?
New York landlords must provide their tenants with habitable living conditions, state-specific landlord disclosures, security deposit information, rent control regulations, advance notice of entry for repairs and showings, and more.
How should utilities be handled in rental agreements?
No New York laws regulate how utilities should be handled between landlord and tenant. Such matters should be outlined within a written rental contract or discussed verbally between parties.
What are the eviction rules for tenants without a lease?
New York tenants without a formal lease, also known as tenants-at-will, face the same eviction procedures as tenants with fixed-term or month-to-month leases, but with a caveat:
Landlords can no-fault evict tenants-at-will, meaning they don’t need to provide a justifiable reason before issuing the tenant a notice to quit and starting the eviction process.
How are guests and tenants legally differentiated?
There are a few main legal differences between guests and tenants in New York:
- Tenants have entered into a legally binding rental contract with landlords; guests have not
- Tenants are afforded certain rights and obligations by law (like the right to live in a habitable rental unit and the responsibility to pay rent); guests are not afforded any of these rights or responsibilities
- Tenants often require eviction procedures to be removed from a property; guests do not