New York (NY) law guide
New York has some of the most **tenant-protective** landlord-tenant laws in the United States, built on the Real Property Law (RPL) Article 7 and reinforced by the landmark **Housing Stability and Tenant Protection Act of 2019 (HSTPA)**. The state caps security deposits at one month's rent, mandates a strict 14-day return window, requires a 14-day written rent demand before any nonpayment eviction filing, and extends Good Cause Eviction protections to renters in New York City and at least 16 other opted-in municipalities as of 2024-2026. Landlords who ignore these rules risk forfeiting the entire deposit or facing punitive damages up to twice the deposit amount under General Obligations Law § 7-108.
Security deposit limit
1 month's rent (GOL § 7-108)
Deposit return deadline
14 days after tenant vacates
Statewide rent control
Rent stabilization in NYC + localities; Good Cause Eviction in 17+ municipalities
Nonpayment eviction notice
14-day written rent demand (RPAPL § 711)
New York rental market snapshot
Population
~19.6 million (2023 U.S. Census estimate)
Renter households
~46% of households rent statewide; over 65% in New York City
Median rent
~$3,200 (2BR statewide, heavily skewed by NYC metro; NYC 2BR median ~$5,500)
Largest rental markets
New York City, Buffalo, Rochester, Albany, Yonkers
New York City's outsized rental market drives the state's legal complexity: rent stabilization covers roughly one million NYC apartments, the 2024 Good Cause Eviction Law now protects an estimated one million additional market-rate renters statewide, and the one-month deposit cap with a 14-day return deadline creates real financial liability for landlords who do not track move-out dates rigorously.
New York General Obligations Law § 7-108 limits security deposits to no more than one month's rent, a ceiling that applies to virtually all residential tenancies statewide. This one-month cap, tightened by the HSTPA in 2019, prevents landlords from collecting the two- or three-month deposits that remain common in other states. Landlords of buildings with six or more units must hold deposits in interest-bearing accounts; they may retain an administrative fee of up to 1% per year but must credit or return the remaining interest to the tenant annually or at lease termination.
The 14-day return deadline is among the strictest in the country. After a tenant vacates, the landlord has exactly 14 days to deliver an itemized written statement of any deductions and return whatever balance remains. Failure to meet the 14-day window is not merely a technical violation: the statute explicitly states that a landlord who misses the deadline forfeits all right to retain any portion of the deposit, regardless of how legitimate the underlying deductions might have been. Willful violations expose landlords to punitive damages of up to twice the deposit amount under GOL § 7-108(1-a)(g).
Permissible deductions are limited to unpaid rent, damage beyond normal wear and tear, and costs explicitly authorized in the lease. Landlords cannot deduct for ordinary scuffs, nail holes, or carpet wear attributable to routine use. Tenants who believe deductions were improper can file in Small Claims Court, where the burden effectively shifts to the landlord to justify every line of the itemized statement.
New York does not have a single statewide rent control law that applies to every unit, but it has the most complex rent regulation framework in the United States. New York City operates two parallel systems: rent control (a legacy program covering a shrinking pool of pre-1974 units with long-term occupants) and rent stabilization, which governs roughly one million apartments in buildings of six or more units built before 1974. The HSTPA of 2019 permanently extended rent stabilization, eliminated high-rent and high-income deregulation, and capped Individual Apartment Improvement rent increases, making deregulation practically impossible under current law.
Outside New York City, any locality can declare a housing emergency and activate rent stabilization under the Emergency Tenant Protection Act of 1974. Albany, Kingston, Poughkeepsie, and several other upstate cities have used this mechanism. For market-rate units not covered by rent stabilization, the HSTPA requires landlords to give 30 days' notice of a rent increase if the tenant has occupied the unit for less than one year, 60 days' notice for tenancies of one to two years, and 90 days' notice for tenancies of two or more years, whenever the proposed increase exceeds 5%.
The Good Cause Eviction Law, effective April 20, 2024, adds another layer for covered units in New York City and at least 16 other opted-in municipalities. In covered buildings, rent increases that exceed the lower of 10% or 5% plus the Consumer Price Index are presumed unreasonable, giving tenants grounds to contest an eviction based on refusal to accept an outsized increase. Small landlords and owner-occupied buildings of 10 or fewer units are generally exempt. Together, these overlapping regimes make New York one of the most regulated rental markets in the nation.
New York requires a 14-day written rent demand before a landlord may file a nonpayment eviction proceeding in Housing Court under Real Property Actions and Proceedings Law (RPAPL) § 711. The demand must state the exact amount owed and give the tenant a full 14 days to pay or vacate. If the tenant pays in full within that window, the eviction proceeding cannot proceed. This notice period is distinct from a holdover or nuisance eviction, which requires a separate notice to cure or terminate depending on the lease term and violation type.
Self-help eviction is strictly prohibited under New York law. A landlord may not change the locks, remove a tenant's belongings, shut off utilities, or use threats or force to remove a tenant without a court order. Violations of RPAPL § 768 expose the landlord to triple damages in a civil action brought by the tenant. After obtaining a judgment of possession from Housing Court, the landlord must use a licensed marshal or sheriff to execute the warrant of eviction; no private removal is permitted at any stage.
The Good Cause Eviction Law significantly tightened the eviction framework for covered units as of April 2024. Landlords in participating municipalities must provide a written notice to tenants at lease inception and upon every renewal indicating whether the unit is covered by the law. For covered tenants, the landlord must state a legally recognized ground for eviction in any termination notice. Accepted grounds include nonpayment of rent, material lease violations, owner occupancy, substantial rehabilitation, and a small set of other enumerated reasons. Courts may also consider whether a rent increase that triggered the nonpayment was itself unreasonable under the law's CPI-linked standard.
The warranty of habitability under Real Property Law § 235-b requires every landlord to maintain residential premises in a livable condition throughout the tenancy. This includes working heat, hot water, structural integrity, and freedom from vermin infestations. The warranty cannot be waived in the lease, and a tenant who withholds rent due to habitability failures may raise the warranty as a defense in Housing Court. Courts can order rent abatements or require landlords to make repairs as a condition of recovering unpaid rent.
New York's anti-retaliation statute (RPL § 223-b) bars landlords from raising rent, reducing services, threatening eviction, or otherwise penalizing a tenant within one year of the tenant making a good-faith complaint to a government agency about housing conditions, joining a tenant organization, or exercising any other protected right. Retaliation is legally presumed if an adverse action follows within that one-year window, shifting the burden to the landlord to prove a legitimate, non-retaliatory reason for the action. Late fees are capped at the lesser of $50 or 5% of monthly rent and can only be charged if rent is more than five days overdue (RPL § 238-a).
Tenants in New York City and opted-in localities who receive a lease renewal or any legal notice are now entitled to a Good Cause Eviction disclosure informing them whether their unit is covered by the 2024 law. Tenants who believe they are being evicted in bad faith or in retaliation for a rent dispute may raise the Good Cause statute as a defense in Housing Court. Beyond these protections, tenants have the right to form and participate in tenant organizations without interference from landlords (RPL § 230), and domestic violence survivors may terminate a lease early with proper documentation under RPL § 227-c without incurring early-termination penalties.
This guide is general information, not legal advice. Governing statute: New York Real Property Law, Article 7 (RPL § 220-238) and General Obligations Law § 7-108. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
New York FAQ
Under General Obligations Law § 7-108, a New York landlord can collect no more than one month's rent as a security deposit. This cap applies to nearly all residential rentals in the state and was reinforced by the Housing Stability and Tenant Protection Act of 2019. Landlords cannot require additional deposits beyond this one-month limit.
New York law gives landlords exactly 14 days after the tenant vacates to return the deposit along with an itemized written statement of any deductions. If the landlord misses this 14-day deadline, they forfeit all rights to keep any portion of the deposit, even if legitimate deductions existed. Willful violations can result in punitive damages of up to twice the deposit amount.
Before filing a nonpayment eviction proceeding in New York Housing Court, a landlord must first serve the tenant with a written 14-day rent demand under RPAPL § 711. This notice must state the exact amount owed and give the tenant 14 full days to pay or vacate. If the tenant pays in full during those 14 days, the eviction case cannot go forward.
New York does not have a single statewide rent control law covering all units, but it has the most extensive rent regulation framework in the country. Rent stabilization covers roughly one million apartments in New York City and applies in other localities that have declared a housing emergency under the Emergency Tenant Protection Act. The 2024 Good Cause Eviction Law adds anti-eviction and rent-hike protections for market-rate tenants in New York City and at least 16 other opted-in municipalities.
No. Self-help eviction is strictly prohibited under New York law. A landlord cannot change the locks, remove a tenant's belongings, shut off utilities, or use any form of force or intimidation to remove a tenant without a valid court order and a licensed marshal or sheriff to execute it. A tenant subjected to an illegal lockout can sue the landlord for triple damages under RPAPL § 768.
For market-rate units, a New York landlord must give at least 30 days' notice of a rent increase if the tenant has lived there less than one year, 60 days' notice for tenancies of one to two years, and 90 days' notice for tenancies of two or more years, when the proposed increase exceeds 5%. In municipalities covered by the Good Cause Eviction Law, rent increases above 10% or CPI plus 5% (whichever is lower) are presumed unreasonable and can serve as a defense against eviction.
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