4.3 New York Landlord-Tenant Law
Key Takeaways
- Since the 2019 Housing Stability and Tenant Protection Act (HSTPA), security deposits on most residential units are capped at one month's rent and landlords cannot demand last month's rent plus a deposit
- Landlords must return the deposit (with an itemized statement for any deductions) within 14 days of the tenant vacating, or forfeit the right to keep any of it
- The warranty of habitability is implied in every residential lease; during Heat Season (Oct 1–May 31) units must reach 68°F by day when it is below 55°F outside, and 62°F overnight
- Rent stabilization and the rarer rent control limit increases on many NYC apartments; the Rent Guidelines Board sets stabilized increase percentages annually
- Self-help evictions (lock changes, utility shutoffs) are illegal; eviction requires a court proceeding and a warrant executed by a marshal or sheriff
Security Deposits After the 2019 HSTPA
The Housing Stability and Tenant Protection Act (HSTPA) of 2019 reshaped NY landlord-tenant law statewide. For most residential tenancies:
| Rule | Detail |
|---|---|
| Maximum deposit | One month's rent — no more |
| Last + deposit | Landlord may not collect last month's rent and a deposit |
| Return deadline | 14 days after the tenant vacates |
| Itemized statement | Required for any deduction; failure to provide within 14 days forfeits the landlord's right to keep any of the deposit |
| Pre-move-in inspection | Tenant may request a walkthrough to note existing conditions |
Allowable vs. Prohibited Deductions
| Landlord CAN deduct | Landlord CANNOT deduct |
|---|---|
| Unpaid rent | Normal wear and tear |
| Damage beyond ordinary wear | Pre-existing conditions |
| Cleaning to lease-start condition | Routine repainting/upgrades |
Trap: A scuffed wall or worn carpet from ordinary living is normal wear and tear — not deductible. A large hole punched in drywall is deductible damage.
Worked example: Rent is $2,000/month. The landlord may hold at most $2,000 as a deposit and cannot also demand $2,000 as "last month's rent." If the tenant moves out March 1, the landlord must return the deposit (less any itemized, justified deductions) by March 15.
Warranty of Habitability
New York Real Property Law §235-b implies a warranty of habitability in every residential lease — it cannot be waived. The landlord must keep the unit fit for human habitation and free of conditions dangerous to health or safety.
| Requirement | Standard |
|---|---|
| Heat (Heat Season Oct 1–May 31) | 68°F by day (6 a.m.–10 p.m.) when outside is below 55°F; 62°F overnight (10 p.m.–6 a.m.) regardless of outside temp |
| Hot water | At least 120°F, year-round, 24/7 |
| Repairs | Timely maintenance of plumbing, electrical, structure |
| Safety | Working smoke and carbon-monoxide detectors |
| Pest control | Reasonably free of vermin and infestation |
Correction trap: Some materials list the daytime minimum as 62°F — that is the overnight figure. The daytime minimum is 68°F.
Rent Regulation in NYC
| Type | Who/What |
|---|---|
| Rent control | Rare; tenant (or successor) in continuous occupancy since before July 1, 1971 in a pre-1947 building |
| Rent stabilization | Common; generally buildings of 6+ units built 1947–1974, plus buildings receiving tax benefits (e.g., 421-a). The Rent Guidelines Board sets annual increase percentages; tenants get guaranteed lease renewals |
HSTPA largely ended high-rent/vacancy deregulation, so stabilized units rarely exit the system now.
Eviction — Court Process Only
Self-help eviction is illegal. A landlord must follow the court process:
- Serve written notice (e.g., a 14-day rent demand for nonpayment).
- File a petition in Housing Court.
- Hearing — the tenant may appear and raise defenses.
- Judgment and warrant of eviction issued by the court.
- A marshal or sheriff executes the warrant.
Prohibited: changing locks, removing belongings, shutting off utilities, harassment, or retaliation for a tenant's good-faith complaint.
Notice Periods, Fees, and Lease Rules Under HSTPA
The 2019 law also standardized notice and fee rules statewide that the exam loves to test. The required notice before a landlord may refuse to renew, raise rent more than 5%, or terminate a month-to-month tenancy scales with how long the tenant has lived there.
Required Advance Notice (Non-Regulated Tenancies)
| Tenant's length of occupancy | Notice landlord must give |
|---|---|
| Less than 1 year | 30 days |
| 1 to less than 2 years | 60 days |
| 2 years or more | 90 days |
Other HSTPA rules a licensee should know and disclose to clients:
| Limit | Rule |
|---|---|
| Late fee | Capped at $50 or 5% of rent, whichever is lower, and only after rent is 5+ days late |
| Application fee | Capped at $20 (plus actual cost of a background/credit check, with receipt) |
| Rent demand before eviction | A 14-day written rent demand is required for nonpayment |
| Returned tenant property | A unit cannot be re-rented during a court-ordered cure period |
Trap: A multistate question may say a landlord can charge "first month, last month, and a security deposit" up front. In New York that is illegal — the most a landlord may collect at signing is the first month's rent plus one month's security.
Habitability Remedies and Tenant Tools
When a landlord breaches the warranty of habitability, the tenant has remedies that go beyond simply complaining. A tenant may:
- Repair and deduct — make a reasonable repair after notice and deduct the cost from rent.
- Rent abatement — ask a court to reduce rent retroactively for the period the unit was uninhabitable.
- File an HP action in Housing Court to compel repairs, or report conditions to HPD (the NYC Department of Housing Preservation and Development), which can issue violations.
Scenario: A NYC tenant has no heat for a week in January with outdoor temperatures below 55°F all day. The landlord ignored written notice. The tenant documents the indoor temperature, files an HPD complaint, and later seeks a rent abatement. Because the daytime standard of 68°F was breached during Heat Season, the tenant has a strong habitability claim. A salesperson who manages or refers rentals must understand these protections to advise owner-clients accurately and avoid steering them into illegal lease terms.
A tenant pays $1,800/month and vacates on June 1. The landlord made no deductions but mails the deposit back on June 20. What is the likely consequence under New York law?
During Heat Season, the outside temperature drops below 55°F at 2 p.m. What minimum indoor temperature must a NYC landlord provide?