New York
New York pairs a strong statewide baseline from the 2019 Housing Stability and Tenant Protection Act with rent regulation and Good Cause Eviction rules that exist only in certain places — mostly New York City.
What this means
- Statewide, security deposits are capped at one month's rent, and the landlord has 14 days after you move out to return it or send an itemized statement of deductions (General Obligations Law § 7-108).
- Application fees are effectively banned: a landlord may only charge the actual cost of a background or credit check, up to $20 — and must waive it if you supply your own recent report (Real Property Law § 238-a).
- Late fees are capped at the lesser of $50 or 5% of monthly rent, and can't be charged until rent is more than five days late.
- Notice before a rent increase of 5% or more — or a non-renewal — scales with how long you've lived there: 30 days under a year, 60 days at one to two years, 90 days beyond two years (RPL § 226-c).
- Rent stabilization and rent control are not statewide. They apply in New York City (roughly half of the city's rental stock) and in some Nassau, Westchester, and Rockland communities that adopted the Emergency Tenant Protection Act.
Things to pay extra attention to
The 2024 Good Cause Eviction law (RPL Article 6-A) applies automatically in New York City; elsewhere it only applies if your city, town, or village opted in. Even where it applies, there are real carve-outs — small landlords, owner-occupied buildings of 10 or fewer units, newer construction, high-rent units, and co-ops/condos. Check the state's current fact sheet before assuming you're covered.
This is the single biggest fork in the road for a New York renter, and it isn't always obvious from the lease. You can request your apartment's rent history from NYS Homes and Community Renewal (HCR) — it's free and it's the authoritative answer.
New York relies on the covenant of quiet enjoyment — reasonable notice at a reasonable time — rather than a fixed statewide number of days. Some localities add their own rules, so put entry expectations in writing in the lease instead of assuming a default.
Only a sheriff, marshal, or constable executing a court warrant can remove you (RPAPL §§ 749, 768). If you're locked out, utilities are shut off, or your belongings are removed without a court order, that's an illegal eviction.
Trusted resources
Government and nonprofit starting points for New York renters. When your situation is specific, contact a local legal-aid organization directly.
- Attorney GeneralNY Attorney General — Residential Tenants' Rights Guide Plain-language statewide overview
- Statutes & HandbookNew York Real Property Law §§ 226-c, 235-b, 238-a (notice, habitability, fees) Primary statute text
- Statutes & HandbookNYS Homes and Community Renewal — Rent Regulation Rent stabilization, rent history requests, and Good Cause fact sheets
- Statutes & HandbookHCR — Good Cause Eviction Current coverage, exemptions, and opt-in localities
- Legal AidLawHelpNY.org Statewide legal aid directory
- Fair HousingNYS Division of Human Rights
- Local ResourcesNYC Housing Preservation & Development (HPD) NYC repairs, code enforcement, and 311 complaints
Related Playbook topics
In New York, the first question isn't "what are my rights?" — it's "what kind of apartment is this?" Rent stabilized, Good Cause covered, or neither changes almost everything that follows. Request your rent history from HCR early, before there's a dispute, so you're negotiating from facts instead of guesses.
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