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Tenant Rights in New York — Everything You Need to Know

As you probably know, every state has different rules and regulations when it comes to a lot of things, from income taxes to gun control laws. And, of course, rental laws are no exception. For all tenants living in New York, we’ve gathered the most important elements of New York state tenant-landlord laws. 

Hopefully, thanks to our article, you’ll be prepared for any predicaments you might face as a renter!

Rental Application

Application fee: up to $20
Application fee refund: non-refundable 
Rental agreement required: oral or written

So, you’ve found a rental apartment in the State of New York that you really like and want to apply for it? Your potential landlord might ask you to pay an application fee they can use to run a credit check and background screening. But, as a renter, you should remember that according to New York landlord-tenant law, the application fee cannot exceed $20. It is against the law if the property manager requests to pay a higher application fee. 

Keep in mind that the landlord must give you a receipt and a copy of the report. This could be useful if you apply for multiple apartments: tenants don’t have to pay the application fee if they can provide a copy of a background and credit check conducted in the last 30 days.

Similar to other states, New York state laws recognize both oral and written agreements. But, you should remember that a written agreement is necessary if the tenant is renting for a period longer than 12 months. 

Even if your landlord does not insist on signing a contract, or if your lease is shorter than a year, make sure to have documents in writing. This way, you can turn to the written agreement if you have any questions or concerns. 

Note: eSign your rental agreement on Rentberry! It’s a fast, convenient, and paperless way to avoid ambiguities and establish both parties’ rights and responsibilities.

Security Deposit

Pet deposit maximum: cannot be higher than one month’s rent when combined with a security deposit
Security deposit maximum: one month’s rent
Security deposit interest: if the landlord manages 6+ housing units
Return deposit deadline: 14 days
List of charges with the basis for the claim: required
Legal reasons to keep security deposit: to cover unpaid rent or property damage 

As you might have guessed, New York is a tenant-friendly state, and regulations regarding security deposits further confirm it. A landlord or property manager cannot ask for a security deposit higher than one month’s rent. This amount includes any additional charges, such as last month’s rent or pet deposit. Upon getting a deposit, your landlord must issue a receipt. Moreover, if the property manager has six or more rental properties, they must place the security deposit into the interest-bearing account. This rule will not apply if you rent out a property from a small landlord. 

The landlord must return a security deposit within 14 days after the tenant vacates the property. If they believe they have a right to keep a deposit or some part of it, the property manager must provide you with the itemized list of all charges. Just like in other states across the country, the tenant’s security deposit can be used to cover damages beyond normal wear and tear or unpaid rent.

Note: Don’t disregard the importance of a walk-through inspection with a landlord. Pay attention to the condition of the property and write down any issues in a move-in checklist. If your landlord doesn’t provide the checklist, print it out yourself or take photos of the property.

Security and Comfort

Smoke alarms: required
Carbon monoxide detectors: required
Rekey requirements: not indicated

As per New York landlord-tenant laws, landlords of multiple dwellings must install smoke and carbon monoxide detectors. In this case, a multiple dwelling implicates a property that is rented out or lived in by three or more independent families. Smoke detectors must be installed within 10 feet of a room or place used for sleeping. And carbon monoxide detectors are required to be installed within 15 feet of an entrance to a room or a place used for sleeping. As a tenant, you are responsible for replacing batteries in both devices and informing your property manager about any malfunctions.

new york state rental buildings

Rental Payments

Maximum rent: not indicated
Rent increase: the laws depend on your rental (whether it’s rent-stabilized or not)
Right to withhold rent for failure to provide essential services (such as water, heat, etc.): allowed
Late payment limit: up to 5 days

Talking about the subject of rental increases in New York, it’s important to understand whether your rental property is rent-stabilized or not, as the laws could change significantly. Let’s start with those not rent stabilized properties.

Generally, there is no cap on how much the landlord can increase the rent at the end of your lease. However, if the property manager intends to raise the rent by more than 5% or decides not to extend the lease, they have to inform the tenant in writing beforehand:

  • 30-day notice for tenancies shorter than a year
  • 60-day notice for tenancies (or signed leases) longer than a year but shorter than two years
  • 90-day notice for tenancies (or signed leases) longer than two years. 

The same deadlines apply to providing tenants with a notice to vacate.

The situation looks a bit different for the rent-stabilized apartments. You can mostly find those in New York City and certain counties, such as Albany, Nassau, and Westchester. Usually, rent stabilization laws apply to the rentals in buildings constructed before 1974 which have six or more units. In New York City, for example, 1 million rentals are rent-stabilized, which makes it roughly 50% of all rental properties in the city.

So, in the case of rent-stabilized apartments, the increase is dictated by the Rent Guidelines Board, and landlords are forbidden from raising the rent higher than it allows. Just recently, the Board voted to raise prices by 3.25% for one-year leases and by 5% for two-year leases. This became the highest increase in almost ten years.

If you miss your rental payment, the earliest the landlord can charge late fees is five days after the rent is due. What’s more, they cannot charge more than $50 or 5% of your monthly rent, whichever is lower.

Lease Terminations

Notice to terminate lease: one month’s notice for the month-to-month tenancies, 60-day for one- to two-year tenancies, 90-day for over two-year tenancies
Eviction notice for not paying rent: 14-day notice
Eviction notice for lease violation: could be immediate, depending on the violation type

If the tenant fails to pay rent for 14 days, the landlord can file a complaint and serve the petition to evict the tenant. In the case of unconditional lease terminations, the property managers can deliver the notice to quit immediately if the tenant uses the property for illegal activities or refuses to leave after the lease has expired. Again, this applies to apartments that don’t fall under the rent stabilization laws. For other types of lease violations, tenants have a 10-day cure period given by a court to fix the issue.

Disclaimer: Although we have relied on Official State Statutes and other credible sources to find and analyze information for this post, you’re advised to use it as a starting point only and do not consider this article a substitute for legal advice. Some situations are unique, and it is always better to consult with a qualified lawyer or appropriate government agencies.

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