Tenant Rights in New York

Security Deposits

• Maximum amount1 month's rent (statewide, under the Housing Stability and Tenant Protection Act of 2019). Previously there was no statewide limit.
• Return deadline14 days after the tenant vacates.

Landlord may deduct only for damages beyond normal wear and tear and unpaid rent. Must provide an itemized statement. Landlord must return the deposit within 14 days.

Eviction Process

• Notice requirements14-day demand for nonpayment of rent. 30-day notice for lease violations (with opportunity to cure). For termination of tenancies, the notice depends on length: 30 days (under 1 year), 60 days (1–2 years), or 90 days (over 2 years). Just cause requirements apply in some jurisdictions.
• Judicial eviction requiredYes
• Estimated timeline2 to 6 months for uncontested cases (longer in New York City due to court volume). NYC has additional procedural protections.

Rent Control

New York has statewide rent regulation through the Housing Stability and Tenant Protection Act of 2019 (HSTPA). In New York City, the Rent Stabilization Law and the older Rent Control Law regulate rents for approximately 1 million apartments. The HSTPA strengthened protections by eliminating vacancy decontrol, limiting preferential rent increases, and more. Some other municipalities in the NYC metropolitan area also have rent regulation.

Repair and Habitability

• Repair and deductAllowed
• Rent withholdingAllowed
• Retaliation protectionYes

Lease Termination

• Month-to-month notice30 days' notice (tenancy under 1 year), 60 days' (1–2 years), or 90 days' (over 2 years) by either party.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to re-rent. Military members may terminate under the SCRA. Domestic violence victims may terminate under Real Property Law § 227-c.

Key Statutes

• Housing Stability and Tenant Protection Act of 2019: 2019 N.Y. Laws ch. 36
• New York Real Property Law: N.Y. Real Prop. Law §§ 220–238
• Security Deposits: N.Y. Gen. Oblig. Law § 7-108
• Warranty of Habitability: N.Y. Real Prop. Law § 235-b
• Retaliation: N.Y. Real Prop. Law § 223-b
• NYC Rent Stabilization Law: NYC Admin. Code § 26-501 et seq.

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in New York

Frequently Asked Questions

• What is the security deposit limit in New York?

  New York limits security deposits to 1 month's rent statewide under the Housing Stability and Tenant Protection Act of 2019. The landlord must return the deposit within 14 days after the tenant moves out.

• Does New York have rent control?

  Yes. New York has extensive rent regulation. In New York City, the Rent Stabilization Law covers approximately 1 million apartments. The 2019 HSTPA strengthened protections statewide, eliminating vacancy decontrol and limiting rent increases for regulated apartments.

• Can I withhold rent for repairs in New York?

  Yes. New York recognizes a strong warranty of habitability (Real Prop. Law § 235-b). Tenants may withhold rent if the landlord fails to maintain habitable conditions. In NYC, tenants can also file an HP action in Housing Court to compel repairs.

• How much notice does a landlord need to terminate a tenancy in New York?

  Under the 2019 HSTPA, landlords must give 30 days' notice for tenancies under 1 year, 60 days' for tenancies of 1-2 years, and 90 days' for tenancies over 2 years. In NYC and other rent-regulated areas, additional just-cause requirements may apply.

Sources

• New York Attorney General - Tenants' Rights Guide
• Housing Stability and Tenant Protection Act of 2019