Both landlords and tenants in New York have legal rights and obligations under state and local laws.

Tenant Rights in New York

• The right to a habitable living environment with essential services (heat, hot water, plumbing, etc.).

• Protection against retaliation from landlords when exercising legal rights.

• The right to challenge wrongful evictions in housing court.

• Protection against rent increases in rent-stabilized or rent-controlled apartments.

Landlord Responsibilities

• Maintain the property to meet habitability standards under the Housing Maintenance Code.

• Provide necessary repairs in a reasonable timeframe after a tenant’s request.

• Abide by rent control and rent stabilization laws where applicable.

• Follow proper legal procedures for evictions and lease terminations.

Compliance with Fair Housing Laws in New York

New York follows both federal and state fair housing laws, prohibiting discrimination in rental housing.

Protected Classes Under Fair Housing Laws

Landlords cannot refuse to rent or treat tenants unfairly based on:

• Race, color, religion, sex, national origin

• Disability, familial status

• Age, marital status, sexual orientation

• Lawful source of income (e.g., Section 8 housing vouchers)

Landlord Compliance Measures

• Screen tenants based on objective criteria (credit, income, rental history).

• Provide reasonable accommodations for disabled tenants when necessary.

• Avoid discriminatory advertising or tenant selection practices.

Violations of fair housing laws can result in lawsuits, fines, and legal action from tenants or the state attorney general’s office.

Security Deposits in New York

New York law regulates security deposit collection, handling, and return policies.

Limits on Security Deposits

• One month’s rent maximum for most residential leases.

• Landlords cannot collect additional deposits for pets, damages, or keys.

Handling and Return of Security Deposits

• Must be kept in a separate bank account in New York.

• The deposit must be returned within 14 days after lease termination.

• Deductions are only allowed for unpaid rent or damages beyond normal wear and tear.

Failure to comply may result in penalties, including monetary damages owed to tenants.

Maintenance Responsibilities of Landlords

New York law requires landlords to maintain properties in a safe and livable condition.

Key Maintenance Obligations

• Ensure adequate heat (October–May) and hot water year-round.

• Maintain structural integrity, including walls, floors, and stairways.

• Provide pest control when infestations occur.

• Ensure proper lighting and ventilation in hallways and common areas.

Tenant Recourse for Unrepaired Issues

• File a Housing Maintenance Code complaint with NYC’s Department of Housing Preservation & Development (HPD).

• Withhold rent in severe habitability cases (risking eviction).

• Seek a court order compelling the landlord to make repairs.

Landlords who fail to meet their maintenance obligations can face fines or forced compliance orders from housing authorities.

Eviction Procedures for New York Landlords

Evictions in New York follow strict legal protocols to ensure tenant rights are upheld.

Valid Grounds for Eviction

• Nonpayment of rent (after proper notice).

• Lease violations (e.g., illegal subletting, property damage).

• Holdover tenancy (staying beyond lease expiration).

The Eviction Process

1. Provide Written Notice – Tenants must receive a 14-day demand for rent or a 30-90 day notice for lease termination.

2. File a Court Petition – If the tenant does not comply, the landlord files an eviction case.

3. Court Hearing & Judgment – The tenant can contest the eviction, and a judge decides the outcome.

4. Issuance of a Warrant – If the court rules in favor of the landlord, a warrant for eviction is issued.

5. Law Enforcement Removal – Only a marshal or sheriff can physically remove the tenant (self-help evictions are illegal).

Tenants can challenge wrongful evictions, and illegal eviction attempts may result in landlord fines and penalties.

Final Thoughts on New York Landlord-Tenant Law

New York’s landlord-tenant laws are designed to balance tenant protections with landlord responsibilities. Staying informed about these regulations ensures compliance and helps prevent costly legal disputes. Whether you're renting an apartment or managing rental properties, understanding your rights and duties is essential for a smooth rental experience.