New York Laws (2026): Your Rights And Responsibilities

Most renters have no idea what their landlord can and can’t do. Seriously. But in New York, tenant laws are strict. Your landlord has to follow specific rules, and if they don’t, you have legal protections. Let’s break down exactly what you need to know to protect yourself.

Whether you’re renting in New York City or upstate, you have rights. These laws exist to make sure landlords treat tenants fairly. Understanding them can save you money and stress.

What Are New York Tenant Laws?

Tenant laws are rules that protect people who rent apartments or houses. They cover everything from how much your landlord can charge in rent to how they can enter your apartment. New York has some of the strongest tenant protections in the country. Pretty straightforward, right?

These laws apply to most residential rentals in New York State. They protect you from unfair treatment, excessive charges, and unsafe living conditions. Your landlord must follow these rules or face penalties.

Rent Control and Rent Stabilization

Now, here’s where things get important. New York has two special programs that limit how much rent can increase each year. If you live in a rent-controlled or rent-stabilized apartment, your landlord can’t raise your rent by much, no matter what.

Rent Stabilization applies to thousands of apartments across New York City. If you live in a rent-stabilized unit, your landlord can only increase your rent by a percentage set each year by the Rent Guidelines Board. In 2024, increases ranged from 0% to 3% depending on your lease length. These limits protect longtime tenants from huge rent jumps.

Rent Control is less common today. It protects some tenants who’ve lived in the same apartment since before 1974. These are basically frozen at much lower rates. If you have rent control, you’re incredibly lucky. Hold onto it.

Wondering if your apartment is rent-stabilized? You can check the city’s official website. Most newer apartments aren’t covered by these programs. But even if yours isn’t, other tenant protections still apply to you.

Security Deposits

Your landlord can collect a security deposit. This is money you give them to hold as protection against damage. But there are strict rules about how much they can charge and what they can do with it.

In New York, your landlord can’t charge more than one month’s rent as a security deposit. That’s the legal limit. Some landlords try to charge more, but that’s illegal. If your landlord demanded more, you might be able to get it back.

Here’s where it gets interesting. Your landlord must put your security deposit into a separate account. They can’t use it for their own expenses. They also have to pay you interest on the deposit, which depends on how long you’ve had the apartment.

When you move out, your landlord has 30 days to return your deposit. If they don’t return it (or they keep part of it), they must give you an itemized list of deductions. Without that list, they owe you the whole deposit plus interest.

Not sure if your landlord is following the rules? If they didn’t pay interest or put your money in a separate account, that’s a violation. You can report it or take them to court to get your money back.

Lease Requirements and Renewal

Your landlord must give you a written lease before you move in. The lease should clearly state the rent amount, lease term, and what you’re responsible for. Both you and your landlord must sign it.

In New York, your landlord can’t change major lease terms without your agreement. That means they can’t suddenly add new rules or raise rent during your lease period. Your lease protects you for however long it says it lasts.

When your lease is up for renewal, your landlord must give you notice. They need to offer you a new lease at least 30 days before your old one expires. If you have a rent-stabilized apartment, the increase percentage is set by the Rent Guidelines Board, not your landlord.

Stay with me here. Your landlord can refuse to renew your lease, but they can’t do it for illegal reasons. They can’t evict you because of your race, religion, disability, or family status. They can’t evict you for complaining about repairs or reporting code violations. That’s called retaliation, and it’s illegal.

Maintenance and Repairs

Your landlord has a major responsibility. They must keep your apartment in safe, livable condition. This includes fixing broken heat, water damage, mold, pests, and broken windows. Your apartment needs to be healthy for you to live in.

Heat is huge in New York winters. Your landlord must provide heat from October 1st through May 31st. The temperature must stay at least 68 degrees during the day and 62 degrees at night. If it doesn’t, you have the right to withhold rent or break your lease.

Here’s what you need to do. If something breaks, tell your landlord in writing. Send an email or letter. Don’t just call and hope they remember. Written notice creates proof that you reported the problem. Your landlord has a set amount of time to fix it depending on how serious it is.

For emergency repairs (like no heat or broken locks), your landlord has 24 hours. For serious but non-emergency repairs, they have seven days. For minor issues, they have 14 days. If they don’t fix it in time, you might be able to make repairs yourself and deduct the cost from rent.

Okay, pause. Read this carefully. If your landlord makes repairs after you’ve requested them, they can’t use that as an excuse to evict you or raise your rent. That’s retaliation, and it’s illegal.

If your apartment has serious issues that make it unlivable, you might be able to break your lease without penalty. This is called constructive eviction. You’d need to prove the conditions were dangerous and your landlord refused to fix them.

Eviction Protections

Your landlord can’t just kick you out whenever they want. There are specific legal reasons for eviction, and your landlord must follow strict procedures.

Valid reasons for eviction include non-payment of rent, breaking the lease terms, or using the apartment for illegal purposes. Your landlord must give you proper notice first. They can’t just change the locks or throw your stuff out. That’s illegal.

If your landlord wants to evict you, they must file papers in court. You’ll get a notice to appear in front of a judge. This is your chance to defend yourself. If the judge rules against you, you can appeal or ask for time to move out.

New York has strong protections against wrongful eviction. If your landlord evicts you because you complained about repairs, reported them to the housing department, or joined a tenant organization, that’s illegal retaliation. You can sue for damages.

One more thing. Your landlord can’t evict you for non-payment of rent during an emergency. For example, during the pandemic, evictions were paused. Check current rules because New York sometimes adds temporary protections during crises.

Right to Privacy

Your landlord doesn’t get to just walk into your apartment whenever they want. You have a right to privacy in your home.

Your landlord can only enter with proper notice in most cases. They need to give you at least 24 hours’ written notice. They can only enter for legal reasons like repairs, inspections, or showing the apartment to future tenants. The entry must happen during reasonable hours, usually between 9 AM and 5 PM.

Emergency situations are different. If there’s a fire, flood, or gas leak, your landlord can enter without notice. They need to actually respond to the emergency though, not just claim there is one.

If your landlord enters without proper notice, that’s a violation of your privacy rights. You can document it and potentially take legal action. Keep records of when your landlord enters and what they do.

Discrimination and Fair Housing

Your landlord can’t discriminate against you based on protected characteristics. This is a big one. You can’t be refused housing or treated unfairly because of your race, color, religion, national origin, sex, disability, or family status.

In New York, the list is actually longer. Your landlord also can’t discriminate based on age, marital status, sexual orientation, gender identity, military status, or source of income. If they do, that’s illegal.

Source of income is especially important. Your landlord can’t refuse to rent to you because you use a voucher, get food stamps, or receive child support. If they say “no Section 8,” that’s illegal discrimination.

Wondering if you’ve experienced discrimination? Document everything. Get the date, time, what was said, and who witnessed it. You can file a complaint with the New York Division of Human Rights or the Fair Housing Center.

Landlord’s Right to Collect Rent

Your landlord can collect rent, but they have to do it the legal way. They must accept it in reasonable payment methods. Most landlords accept checks, electronic transfers, or money orders.

Your landlord can’t make it unreasonably difficult to pay rent. For example, they can’t require you to pay in person only if you live far away. They should offer multiple payment options.

If you’re late on rent, your landlord must give you notice before filing for eviction. The notice period varies, but generally they must wait before taking legal action. This gives you time to catch up.

One important thing. Your landlord can’t shut off your utilities or remove essential services to force you to pay. That’s illegal. They must go through the court system to evict you if you don’t pay.

Tenant Responsibilities

You have rights, but you also have responsibilities. You need to pay rent on time and follow the lease terms. You must keep your apartment reasonably clean and not damage it beyond normal wear and tear.

You’re responsible for fixing things you break. If you punch a hole in the wall or break a window through your own actions, your landlord can charge you for repairs. Normal wear and tear is their responsibility, not yours though.

You also need to follow building rules and not disturb other tenants. That means not making excessive noise or doing illegal activities. You should be a good neighbor.

New York’s COVID-19 Protections

Wait, it gets better. New York passed laws during the pandemic that still protect tenants today. Landlords can’t evict tenants just for owing back rent if they can prove the rent debt was caused by the pandemic.

If you had a pandemic-related hardship (job loss, illness, reduced income), your landlord might not be able to evict you. This protection has been extended multiple times. Check current status because rules change.

This is probably the most important rule most people miss. If you owed rent during the pandemic, collect any documents proving your hardship. These protections might still apply to you.

How to Protect Your Rights

Keep copies of everything. Get your lease in writing. Document all repairs you request. Take photos of damage or safety issues. Keep proof of rent payments.

If your landlord violates your rights, know your options. You can contact your local housing authority. You can hire a lawyer. You can file a complaint with the state. You can join a tenant organization for support and advice.

Never let a landlord pressure you into giving up your rights. If they threaten eviction in retaliation, tell someone. Contact a legal aid organization if you can’t afford a lawyer.

When in doubt, ask for help. New York has many free resources for tenants. Use them.

Frequently Asked Questions

Can my landlord raise my rent whenever they want? Not if you’re in a rent-stabilized apartment. If you’re not, your landlord can raise rent when your lease ends, but they must give you notice and offer a new lease at the higher rate.

What should I do if my landlord keeps my security deposit? Request an itemized list of deductions within 30 days. If they don’t provide one or you think the deductions are unfair, you can sue in small claims court to get your money back.

Is my landlord allowed to enter my apartment whenever they want? No. They need 24 hours’ written notice and a legal reason like repairs or inspections. Emergencies are the only exception.

Can my landlord evict me for complaining about repairs? Absolutely not. Retaliatory eviction is illegal. If your landlord tries to evict you after you complain, report it immediately to your local housing authority.

What’s the difference between rent control and rent stabilization? Rent control is extremely rare and applies to apartments occupied before 1974. Rent stabilization is more common and limits yearly increases. Both limit how much your landlord can raise rent.

Can I break my lease if my apartment has serious problems? Yes, if the conditions make it unlivable and your landlord refuses to fix them. This is called constructive eviction. You’d need to prove the issues and that you reported them.

What can I do if my landlord discriminates against me? Document everything with dates and details. File a complaint with the New York Division of Human Rights or contact the Fair Housing Center for help.

Can my landlord shut off my utilities to force me to pay rent? No, that’s illegal. Your landlord must follow the legal eviction process if you don’t pay. They can’t take matters into their own hands.

Final Thoughts

New York has strong tenant protections. Your landlord must follow specific rules about rent, repairs, evictions, and privacy. Understanding these laws helps you protect yourself.

You’re not alone if this feels overwhelming. Tenant rights can be complex. The good news? You have resources available. Use them. Many organizations offer free legal help to tenants.

Now you know the basics. Stay informed, keep good records, and don’t hesitate to speak up if something seems wrong. When in doubt, reach out to a legal aid organization or the housing authority in your area. You’ve got this.