New York Landlord-Tenant Laws: Rights and Duties for Both Sides

New York tenant rights come mostly from the Real Property Law and the General Obligations Law, which were reshaped in 2019. Statewide rules cover habitability, retaliation, fees and screening, and New York City adds a large body of its own rules.

New York landlord-tenant rights at a glance

Rule	New York	Law
Notice before entry	There is no statewide statute on entry notice, so the lease controls and landlords are generally expected to give reasonable advance notice except in emergencies.	New York Real Property Law (no statewide entry statute)
Tenant repair remedies	Every residential lease includes a warranty that the home is fit to live in, and a tenant can ask the court to reduce the rent when the landlord breaches it.	Real Property Law section 235-b
Retaliation protection	A landlord may not evict, refuse to renew or impose an unreasonable increase because a tenant complained in good faith, enforced their rights or joined a tenant group, and action within one year of such activity is presumed retaliatory.	Real Property Law section 223-b
Late fees	A late fee may not exceed $50 or 5 percent of the monthly rent, whichever is less.	Real Property Law section 238-a
Grace period	Rent is not late, and no late fee may be charged, until it is more than 5 days past due.	Real Property Law section 238-a
Deadline to return the deposit	The landlord must return the deposit, minus lawful deductions, within 14 days after the tenant moves out.	General Obligations Law section 7-108

Repairs and habitability

Every residential tenancy comes with a duty to keep the home safe and livable. Put repair requests in writing and keep a dated record of each step.

Tenant repair remedies. Every residential lease includes a warranty that the home is fit to live in, and a tenant can ask the court to reduce the rent when the landlord breaches it. (Real Property Law section 235-b)

Entry and privacy

Notice before entry. There is no statewide statute on entry notice, so the lease controls and landlords are generally expected to give reasonable advance notice except in emergencies. (New York Real Property Law (no statewide entry statute))

Retaliation

Retaliation protection. A landlord may not evict, refuse to renew or impose an unreasonable increase because a tenant complained in good faith, enforced their rights or joined a tenant group, and action within one year of such activity is presumed retaliatory. (Real Property Law section 223-b)

Rent, late fees and grace periods

Late fees. A late fee may not exceed $50 or 5 percent of the monthly rent, whichever is less. (Real Property Law section 238-a)

Grace period. Rent is not late, and no late fee may be charged, until it is more than 5 days past due. (Real Property Law section 238-a)

Applications and screening

Federal fair housing law applies everywhere: apply the same written criteria to every applicant, and never screen on a protected characteristic.

Application fees. The only fee allowed before a tenancy starts is a background and credit check fee of no more than the actual cost or $20, whichever is less, waived if the applicant brings a check from the past 30 days. (Real Property Law section 238-a)

Screening rules. Refusing an applicant because of lawful source of income, including a housing voucher, is illegal, and a landlord may not reject someone because they were in a past landlord and tenant case. (New York Human Rights Law (Executive Law section 296) and Real Property Law section 227-f)

Disclosures to include with the lease

Disclosures are easiest to get right at lease signing. Other disclosures may also be required by your city or by the property itself, so check before you sign.

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Required disclosures. The lease must state in bold type whether the unit has a working sprinkler system. (Real Property Law section 231-a)

Required disclosures. The lease generally must disclose whether the property is in a flood zone and whether it has flood damage history. (New York Real Property Law (flood disclosure))

Security deposits in brief

Deposit limit. For most rentals, the deposit and any advance payment together may not exceed one month of rent. (General Obligations Law section 7-108)

Deadline to return the deposit. The landlord must return the deposit, minus lawful deductions, within 14 days after the tenant moves out. (General Obligations Law section 7-108)

Mistakes to avoid

• Entering a unit without the notice the lease or the law requires.
• Letting a written repair request sit without a reply or a plan.
• Leaving required disclosures out of the lease packet.
• Applying screening criteria differently from one applicant to the next.
• Raising rent or ending a tenancy soon after a complaint without a documented, unrelated reason.