Landlord Guide to Renting in New York

New York permits both oral and written rental agreements, although written leases are strongly recommended. Under N.Y. GOL § 5-701, agreements for terms exceeding one year must be in writing. Landlords of buildings with three or more residential units must use a written lease and must offer a renewal lease to tenants in rent-stabilized units.

• Written leases required for tenancies of more than one year (N.Y. GOL § 5-701)
• Buildings with three or more units must provide tenants with a written lease
• Lease provisions waiving tenant rights under the Real Property Law are void (N.Y. RPL § 235-e)
• Rent-stabilized tenants are entitled to one- or two-year renewal leases (N.Y.C. Admin. Code § 26-511)

The Housing Stability and Tenant Protection Act of 2019 (HSTPA) limits security deposits statewide to one month's rent (N.Y. GOL § 7-108). This replaced prior rules that allowed higher deposits. Landlords must hold the deposit in a separate interest-bearing account and notify the tenant of the bank name and address.

• Maximum deposit: one month's rent statewide (N.Y. GOL § 7-108(a))
• Deposit must be held in a separate interest-bearing account at a New York banking institution (N.Y. GOL § 7-103)
• Landlord must notify the tenant of the bank name and address within a reasonable time
• Advance rent (last month's rent) may no longer be collected in addition to the security deposit under the HSTPA

New York requires extensive disclosures before and at the start of a tenancy. These include environmental, safety, and building condition disclosures mandated by both state and federal law.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Bedbug infestation history for the previous year (N.Y. RPL § 235-bb)
• Window guard notice for apartments where children age 10 or under reside (N.Y.C. Health Code § 131.15)
• Sprinkler system disclosure stating whether the building has a sprinkler system (N.Y. RPL § 231-a)
• Smoke and carbon monoxide detector notice (N.Y. Exec. Law § 378-a)
• Flooding history if the unit has been flooded in the past (N.Y. RPL § 231-b)

Rent is due on the date specified in the lease. Under RPAPL § 711(2), a landlord cannot commence nonpayment proceedings until rent has been demanded or a written rent demand has been served and at least 14 days have passed. Late fees are limited under the HSTPA to $50 or 5% of the monthly rent, whichever is less.

• Rent is due on the date specified in the lease agreement
• A 14-day written rent demand must be served before filing a nonpayment petition (RPAPL § 711(2))
• Late fees may not exceed $50 or 5% of the monthly rent, whichever is less (N.Y. RPL § 238-a)
• Landlords must provide a receipt for rent paid in cash (N.Y. RPL § 235-e)

New York imposes a strong implied warranty of habitability (N.Y. RPL § 235-b). Landlords must maintain rental units in a condition fit for human habitation and in compliance with all applicable building codes, housing codes, and health regulations. Tenants may seek rent abatements for habitability violations.

• Maintain the premises in a habitable condition and comply with all building, housing, and health codes (N.Y. RPL § 235-b)
• Provide essential services including heat (October 1 – May 31), hot water, cold water, and electricity to common areas
• Make necessary repairs within a reasonable time after being notified by the tenant
• In NYC, violations can be reported to the Department of Housing Preservation and Development (HPD)

New York does not have a specific statute requiring a set notice period for landlord entry. However, the implied covenant of quiet enjoyment requires reasonable notice. Courts generally consider 24 hours to be reasonable notice for non-emergency entry.

• No specific statutory notice period, but reasonable notice is required under common law
• 24 hours is generally considered reasonable notice for non-emergency entry
• Entry must be at reasonable times and for lawful purposes (repairs, inspections, showing the unit)
• Emergency entry is permitted without notice to address imminent threats to safety or property

New York does not have statewide rent control for market-rate units, but rent-stabilized and rent-controlled units in NYC and certain other municipalities are subject to strict regulation by the Division of Housing and Community Renewal (DHCR). The HSTPA significantly strengthened tenant protections for regulated units.

• Rent-stabilized units: increases are set annually by the local Rent Guidelines Board (N.Y.C. Admin. Code § 26-510)
• Rent-controlled units: increases are governed by the Maximum Base Rent system (N.Y.C. Admin. Code § 26-405)
• Market-rate units: no cap on increases, but rent cannot be raised during a fixed-term lease unless the lease permits it
• For market-rate month-to-month tenancies, reasonable written notice is required before an increase

Notice periods in New York depend on the length of the tenancy and the type of tenancy. The HSTPA introduced longer notice requirements for longer-duration tenancies, applying statewide.

• Tenancy of less than 1 year or month-to-month: 30 days' written notice (N.Y. RPL § 226-c)
• Tenancy of 1 year but less than 2 years: 60 days' written notice (N.Y. RPL § 226-c)
• Tenancy of 2 years or more: 90 days' written notice (N.Y. RPL § 226-c)
• Nonpayment proceedings: 14-day written rent demand before filing (RPAPL § 711(2))

Evictions in New York are judicial proceedings governed by the Real Property Actions and Proceedings Law (RPAPL). In NYC, cases are filed in Housing Court. Outside NYC, cases are filed in the local city, town, or village court. Self-help evictions are illegal.

• Serve the appropriate predicate notice (rent demand, notice to cure, or notice of termination) as required by RPAPL
• If the tenant does not comply, file a petition (nonpayment or holdover) in the appropriate court
• The court schedules a hearing; the tenant has the right to appear and raise defenses
• If the court issues a judgment of possession, a warrant of eviction is issued and executed by a marshal or sheriff after a 14-day stay (RPAPL § 749)

Under N.Y. GOL § 7-108, landlords must return the security deposit within 14 days after the tenant vacates and delivers possession. Any deductions must be supported by an itemized statement.

• Return deadline: 14 days after the tenant vacates (N.Y. GOL § 7-108(e))
• Permissible deductions: unpaid rent and damages beyond normal wear and tear, supported by evidence
• An itemized statement of deductions must accompany any withheld amount (N.Y. GOL § 7-108(e))
• Failure to return the deposit or provide an itemization within 14 days may result in forfeiture of the right to retain any portion of the deposit