New York’s rental rules are the most layered in the country. Statewide statutes — the Real Property Law, the General Obligations Law, and the Real Property Actions and Proceedings Law (RPAPL) — set the baseline, New York City adds its own local laws, and more than a million apartments sit under rent stabilization or rent control administered by the state Division of Homes and Community Renewal (HCR) and the city’s Rent Guidelines Board.
The Housing Stability and Tenant Protection Act of 2019 rewrote the baseline in tenants’ favor: deposits are capped at one month’s rent, the refund clock is 14 days, and nonpayment evictions require a 14-day written rent demand. The 2024 Good Cause Eviction Law added a statewide layer that applies automatically in New York City and in any municipality that opts in.
This guide covers deposits, rent increases, rent regulation, eviction notices, and dispute resolution under New York law. It is general information, not legal advice — check both state and local rules before acting.
| Governing law | Real Property Law Article 7; General Obligations Law § 7-108; RPAPL Article 7 |
|---|---|
| Security deposit cap | 1 month’s rent for most units (GOL § 7-108) |
| Deposit return deadline | 14 days after the tenant vacates, with an itemized statement |
| Deposit interest | Required for buildings with 6+ units (landlord keeps 1% as an admin fee) |
| Rent increase notice | 30/60/90 days by tenure for increases over 5% (RPL § 226-c) |
| Nonpayment eviction | 14-day written rent demand before filing (RPAPL § 711) |
New York Rental Law at a Glance
New York landlord-tenant law runs on three tracks at once. Statewide, the Real Property Law and General Obligations Law govern leases, deposits, and disclosures; evictions move through RPAPL Article 7 in the housing courts of New York City or in district, city, and town courts upstate; and rent regulation covers a large slice of the housing stock, with HCR and local rent guidelines boards setting annual increases.
The Housing Stability and Tenant Protection Act of 2019 (HSTPA) is the modern baseline: one-month deposit cap, 14-day return deadline, 14-day rent demand, and longer termination notices. New York City adds its own rules on top — building registration with HPD, window guards, and lead-paint testing — so the same facts can answer differently in New York City than in Buffalo.
Security Deposits: One Month’s Rent and a 14-Day Clock
Since the 2019 reform, most New York landlords may collect no more than one month’s rent as security (GOL § 7-108), with narrow exceptions for seasonal-use dwellings and owner-occupied co-ops. The deposit is held in trust, separate from the landlord’s funds; in buildings with six or more units it must sit in an interest-bearing account, with the landlord keeping 1% per year as an administrative fee.
Within 14 days after the tenant vacates, the landlord must return the balance and provide an itemized statement of any deductions; a landlord who misses the deadline forfeits the right to retain any portion of the deposit. Lawful deductions are limited to unpaid rent, damage beyond normal wear and tear, utilities the tenant owes the landlord, and moving or storage of the tenant’s belongings — never ordinary wear and tear or damage caused by a prior tenant. A willful violation carries punitive damages of up to twice the deposit.
Rent Increases and Notice Requirements
For market-rate tenancies, New York does not cap the amount of an increase, but it fixes the notice. Under RPL § 226-c, a landlord must give at least 30 days’ notice of an increase above 5% (or of a nonrenewal) for tenancies under one year, 60 days for one to two years, and 90 days for two years or more. A fixed-term lease locks the rent for its term; month-to-month tenancies follow the lease or the 30-day floor.
Rent Stabilization, Rent Control, and Good Cause
Rent stabilization protects about a million New York City apartments — buildings with six or more units built between 1947 and 1974, plus buildings receiving tax benefits — and units in Emergency Tenant Protection Act municipalities, chiefly in Nassau, Westchester, and Rockland counties. Stabilized tenants get automatic renewals and board-set increases; rent control covers a shrinking stock of pre-1947 buildings.
The Good Cause Eviction Law (2024) extends the idea to many market-rate units: in New York City, and in municipalities that opt in, a landlord cannot refuse to renew or raise rent beyond a cap (broadly, the consumer price index plus 5%, up to 10%) without a statutory good cause. It does not cover owner-occupied buildings of ten units or fewer, buildings under 30 years old, stabilized or subsidized units, co-ops and condos, or high-rent units. Every covered lease has carried a Good Cause notice (RPL § 231-C) since August 18, 2024, and upstate cities including Albany, Beacon, Hudson, Kingston, Newburgh, Poughkeepsie, Rochester, and Ithaca — plus Buffalo — have opted in.
Habitability, Repairs, and Required Disclosures
Every New York residential lease carries an implied warranty of habitability (RPL § 235-b): the premises must be fit for human occupation and the landlord must keep them that way. Tenants in New York City can bring an HP proceeding in housing court to force repairs and win rent abatements; upstate, the same defenses work in eviction cases.
Disclosures pile up quickly. Federally, pre-1978 housing needs the lead-based paint form; New York City’s Local Law 1 of 2004 and Local Law 31 of 2020 add annual visual lead inspections for units with a child under six, XRF testing of applicable buildings (due by August 9, 2025), and a 21-day deadline to remediate the most serious violations. Statewide, leases must disclose flood history and FEMA flood-zone status (RPL § 231-B) and the presence or absence of a sprinkler system (RPL § 231-A), and smoke and carbon monoxide detectors are required in every unit. New York City adds window-guard notices and guards where a child under ten lives, mold remediation under Local Law 55 of 2018, and HPD building registration.
Evictions and Termination in New York
A nonpayment eviction starts with a written rent demand giving the tenant at least 14 days to pay (RPAPL § 711); only then can the landlord file a petition in housing court. Holdover proceedings follow the 30/60/90-day termination notices in RPL § 226-c, with the petition served 10 to 17 days before the first court date.
Self-help is illegal: a landlord cannot lock out a tenant, remove belongings, or shut off utilities. Tenants facing eviction should file a written answer by the deadline and contact the Legal Aid Society (New York City), NYLAG, or Empire Justice Center immediately.
Resolving New York Disputes
Deposit and lease claims go to small claims: up to $10,000 in New York City’s Civil Court, $5,000 in city courts, and $3,000 in town and village courts. Evictions themselves are decided in housing court (New York City) or the local city, district, or town court, and rent-regulation disputes go to HCR’s Division of Housing and Community Renewal (DHCR).
Before filing, send a written demand letter citing GOL § 7-108 and set a deadline; most deposit disputes settle there. Then file with the lease, photos, the itemized statement (or its absence), and proof of mailing. Housing Court Answers, LawHelpNY, and DHCR publish guides and forms for tenants.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.