Below are general tenant rights that apply to all New York State residential tenants. For information on enhanced tenant projections in federally subsidized buildings see the Federal Tenant Rights page.

Foundational Tenant Protections

+ All tenants have the Right to Live in Dignified Condtions

• For more information, see the Tenant Union's Warranty of Habitability page.

+ All tenants have the Right to Quiet Enjoyment of their Homes

• No landlord, or any party acting on the landlord’s behalf, may interfere with the tenant’s privacy, comfort, or quiet enjoyment of the apartment. Harassment may take the form of physical or verbal abuse, willful denial of services, disruptive construction or renovation projects that interfere with health, safety, and use of an apartment.

+ All tenants have the Right to Organize for Better Conditons

• Tenants have a legal right to organize.
  • Tenants may form, join, and participate in tenant organizations for the purpose of protecting their rights and improving their conditions.
  • Tenants' groups, committees or other tenants' organizations shall have the right to meet without a fee on the premises including a community or social room (NYS Real Property Law § 230)
  • See also the NYS Attorney General's Memo on Enforcing the the Tenant Right to Organize
• Landlord Retaliation for Organizing is Illegal
  • Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants (a) make good faith complaints to a government agency regarding violations of any health or safety laws; (b) take good faith actions to protect their rights under the lease; or (c) participate in tenant organizations.
  • Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units (Real Property Law § 223-b).

Eviction Protections

+ Protections from Unlawful Evictions (e.g. Illegal Lock-outs)

• No tenant can be evicted without a court-order from a judge--ONLY A JUDGE CAN EVICT YOU.
• See New York State Real Property Action and Proceedings Law 768

+ Protections from Nonpayment Evictions

• Proper Notice: A landlord must give a tenant a 14 day written demand of rent notice to pay or quit before they can peition the court for a non-payment eviction (See NYS Real Property Actions and Proceedings Law (RPAPL) § 711 (2))
• Pay to Stay: In a judgment for non-payment of rent, the court shall vacate a warrant upon tender or deposit with the court of the full rent due at any time prior to its execution, unless the petitioner establishes that the tenant withheld the rent due in bad faith. See RPAPL § 749 (3)
• Right to a 14 day Adjournment: all tenants have a right to a 14 day postponement/adjournment if requested for factual cause (RPAPL § 745)
• Tenant Questions & Answers: Nonpayment Eviction Cases in New York State (NY Courts)

+ Protections from Holdover Evictions

• Proper Notice: A landlord must give tenants Proper Notice before terminating their tenancy and before bringining a holdover eviction proceding in court
  • 30 Day Notice: all tenants must receive at least 30 days notice before their tenancy is terminated and before a holdover eviction is started
  • 60 Day Notice If a tenant has lived in their apartment for more than 1 year (but less than 2 years) they must receive at least a 60 day notice before their tenancy is terminated
  • 90 Day Notice: If a tenant has lived in their apartment for more than 2 years they must receive at least a 60 day notice before their tenancy is terminated
  • See NY Real Property Law 223-c
• Tenant Questions & Answers: Holdover Eviction Cases in New York State (NY Courts)

Rent Increase Protections

+ Current Lease Protections: If you have a current lease, your landlord cannot increase your rent until it expires.

• See Tenant Rights FAQ on Rent Increases by the NYS Attorney General)

+ Proper Notice: A landlord must give tenants Proper Notice before raising the rent above 5% in one year

• 30 Day Notice: all tenants must receive at least 30 days notice before their landlord raises their rent more 5%
• 60 Day Notice: If a tenant has lived in their apartment for more than 1 year (but less than 2 years) they must receive at least a 60 day notice before having their rent raised more than 5%
• 90 Day Notice: If a tenant has lived in their apartment for more than 2 years they must receive at least a 60 day notice before their rent is raised more than 5%
• See NY Real Property Law 226-c

+ Rent Increase Angreements: A landlord cannot charge a propsosed rent increase unless a tenant accepts it

• "Even if you are given proper advance notice of the rent increase, your landlord cannot charge you the increase in rent unless you accept it by signing a lease, paying the increase, or take another affirmative step evidencing you accepted the increase." (quoted from Tenant Rights FAQ on Increases by the NYS Attorney General)

Applicant Fees, Late Fees, and Security Deposit Protections

+ Limitations on Application Fees

• No landlord can charges fees during the application process other a reimbursement for a background check and/or credit credit check
  • A landlord may charge fees charges no more than actual reimbursement costs for a background and credit check and not more than $20
• See New York State Real Property law 238-a (1)

+ Limitations on Late Fees

• A rent payment can only be considered late if it is received more than five days after it is due.
• No landlord can charge as a late fee more than $50 or 5% of your monthly rent, whichever is less.
• See NYS Real Property Law 238-a (2)

+ Security Deposit Limits and Return of Deposit

• Secucity Depsoit Limit: Your security deposit may not be more than one month’s rent.
• Security Deposit Return: If your landlord wants to keep your security deposit, you must be given a written list of what it is being used for within 14 days of moving out.
  • You are entitled to inspect the apartment with your landlord before you move in and before you move out.
  • If you believe your landlord has fasely withheld your security deposit file a claim against your landlord in small claims court.
• For the security deposit law see New York State General Obligations Law 7-108
  • For more info, see LAWNY's Security Deposit page
  • For more info on small claims court see the NYS Small Claims Handbook and the Rochster City Court Small Claims Application

Fair Housing: Tenant Protections from Discrimination

+ Discrimination on the basis on race, gender, religion, national origin, or disability is prohibited

• NYS Attorney General Pamphlet on Fair Housing and anti-discrimation rights
  • See Aslo U.S. Housing Act of 1968 (42 U.S.C. §§3601); New York State Human Rights Law. (NYS Executive Law § 290)
• You can file a housing discrimination complaint through either the New York State Attorney General or the New York State Division of Human Rights

+ Source of Income Discrimination is Illegal

• It is illegal for anyone to deny you housing based on the type of lawful income you receive (e.g., DSS, Section 8, SSI, Child Support)

• discriminatory listing are prohibited listings such as “no section 8/ no DSS/no SSI,” or “apartment has not yet been approved for any vouchers/subsidies
• Refusing to rent, sell or otherwise deny housing based on use of legal sources of income.
  • See Attorney General Source of Income Discrimination Guide ​ ​

Protections for Surviors/Victims of Domestic Violence

+ Victims of domestic violence have the right to terminate their lease early without penalty

• A tenant or a member of the tenant’s household who is a victim of domestic violence and reasonably fears potential further domestic violence by remaining in their apartment can terminate the lease by sending a notice to the landlord that they are leaving
• For information see NYS Real Property Law § 227-c