New York Tenant Rights: Rent Stabilization and More

New York offers some of the strongest tenant protections in the country, particularly for renters in rent-stabilized and rent-controlled apartments. But the rules are complex—what applies in a stabilized unit in Manhattan doesn't necessarily apply in an unregulated unit in Buffalo. This guide covers security deposits, eviction protections, rent regulation, repairs, and key rights so you know exactly what your landlord can and cannot do in 2026.

Rent Stabilization and Rent Control

What Is Rent Stabilization?

Rent stabilization is a system that limits how much landlords can increase rent each year and gives tenants the right to renew their leases. In New York City, buildings with six or more units built before January 1, 1974 are generally subject to stabilization. Some newer buildings are included if they received tax benefits (e.g., 421-a). Outside NYC, some municipalities have opted into similar protections.

For stabilized units:

• Rent increase limits are set annually by the Rent Guidelines Board. Recent increases have ranged from 1.5% to 5% depending on the year and lease term.
• Lease renewal rights: You generally have the right to renew your lease for one or two years. The landlord cannot refuse renewal without just cause.
• Eviction protections: Landlords need a valid legal reason to evict you—such as non-payment of rent, lease violations, or the landlord's personal use of the unit (with strict requirements).

What Is Rent Control?

Rent control is an older, more restrictive system that applies to a shrinking number of units—generally those in buildings with three or more units built before February 1, 1947, where the tenant (or their successor) has been in continuous occupancy since before July 1, 1971. Rent-controlled tenants have even stronger protections and lower rent increases. New tenants cannot get a rent-controlled unit; the protections follow the existing tenant.

How to Check Your Status

If you're not sure whether your unit is regulated, you can:

• Check your lease for a rent stabilization rider (a required attachment in NYC).
• Contact the New York State Division of Housing and Community Renewal (DHCR) at https://hcr.ny.gov.
• Search the DHCR rent roll database by address.

See the full New York tenant rights page for more detail.

Security Deposits

New York's security deposit rules are among the most tenant-friendly in the country:

• One month maximum: For most residential leases, the security deposit is capped at one month's rent. Landlords cannot charge more, even by calling it a "last month's rent" payment or a non-refundable fee.
• 14-day return deadline: Landlords must return the deposit or send an itemized statement of deductions within 14 days after you move out.
• Itemization required: Any deductions must be itemized in writing and backed by receipts or estimates. Deductions for normal wear and tear—faded paint, minor scuffs, carpet wear from ordinary use—are not permitted.
• Interest on deposits: For buildings with six or more units, landlords must place the deposit in an interest-bearing account and either pay you the interest annually or apply it to rent. Failure to do so can result in penalties.
• Penalties for non-compliance: If the landlord misses the 14-day deadline or fails to provide an itemized statement, they may lose the right to retain any portion of the deposit.

To protect your deposit, complete a thorough move-in inspection with photos and a signed checklist. At move-out, take date-stamped photos and provide your forwarding address in writing. For a full national comparison, see Security Deposit Laws by State. If your landlord withholds unfairly, follow the steps in Landlord Won't Return Deposit?.

Eviction Protections

New York has extensive eviction protections, especially after the Housing Stability and Tenant Protection Act (HSTPA) of 2019:

• Court process required: All evictions must go through Housing Court. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
• Notice requirements: For non-payment of rent, landlords must serve a 14-day notice to pay or vacate. For holdover (lease expiration) or lease violations, different notice periods apply based on tenancy length (30, 60, or 90 days for unregulated units).
• Right to cure: For many lease violations, you have the right to fix the issue within a cure period before the landlord can proceed.
• Notice to quit: For regulated units, the rules are even stricter. Landlords must have just cause and follow specific DHCR procedures.
• Legal representation: In NYC, tenants facing eviction in Housing Court may be eligible for free legal representation through the Right to Counsel program.

Never ignore a notice to quit or court summons. Respond by the deadline, appear at every hearing, and seek legal help if available.

Habitability and Repairs

New York's warranty of habitability requires landlords to maintain rental properties in a condition fit for human habitation. This includes:

• Heat (between October 1 and May 31, with specific temperature requirements).
• Hot and cold running water.
• Working plumbing, electrical, and structural systems.
• Freedom from vermin, rodents, and hazardous conditions (lead paint, mold, asbestos).
• Working smoke and carbon monoxide detectors.
• Elevator service (in buildings with elevators).

If the landlord doesn't make necessary repairs, you have several options:

• HP Action: File an HP proceeding in Housing Court to compel repairs. The court can order the landlord to fix conditions and impose fines.
• 311 Complaints: In NYC, report housing violations to 311. The city's Department of Housing Preservation and Development (HPD) will inspect and may issue violations.
• Rent reduction: In regulated units, you can apply to DHCR for a rent reduction due to decreased services.
• Repair and deduct / rent withholding: New York tenants can withhold rent or repair-and-deduct in some circumstances, but the process has legal requirements. Consult a tenant attorney before taking this step.

You have the right to quiet enjoyment of your home. For conditions severe enough to make the unit effectively unlivable, constructive eviction may apply. Document all repair requests and conditions in writing and with photos.

Landlord Entry

New York landlords must give reasonable notice before entering your apartment, except in genuine emergencies (e.g., fire, water leak). While New York doesn't specify an exact number of hours in a statewide statute, courts generally consider 24 hours' written notice as reasonable. Your right to quiet enjoyment and privacy means your landlord cannot enter at will or use entry as a form of harassment.

Discrimination, Retaliation, and Additional Protections

New York's fair housing protections go beyond federal law:

• Protected classes: In addition to the federal categories (race, color, national origin, religion, sex, familial status, disability), New York State and NYC add protections for age, marital status, military status, sexual orientation, gender identity, lawful source of income (including housing vouchers), immigration status (in NYC), and more.
• Retaliation: Landlords cannot evict, raise rent, or reduce services in retaliation for exercising your rights—such as complaining about conditions, filing a complaint, or organizing with other tenants.
• Overcharge claims: If you believe your rent-stabilized rent is too high, you can file an overcharge complaint with DHCR. If the landlord overcharged, you may be entitled to a refund of excess rent.

Key Takeaways

• Determine whether your unit is rent stabilized, rent controlled, or unregulated—this changes virtually everything about your rights.
• Know the 14-day security deposit return rule and itemized requirements.
• Respond to any eviction notice and go to court. Seek free legal help through Right to Counsel in NYC.
• Document all repair requests and conditions, and know your options (HP Action, 311, DHCR).
• Review your tenant rights before signing any lease.

Frequently Asked Questions

How do I know if my apartment is rent stabilized?

Check your lease for a rent stabilization rider (required for stabilized units in NYC). You can also search the DHCR rent roll database or contact DHCR directly. Buildings with six or more units built before 1974 in NYC are commonly stabilized. See New York tenant rights.

When must my landlord return my security deposit in New York?

Within 14 days after you move out. They must include an itemized statement if there are deductions. If they miss this deadline, you may be able to recover the full deposit. See Landlord Won't Return Deposit?.

Can my landlord raise my rent in the middle of my lease?

For rent-stabilized units, increases are limited to the Rent Guidelines Board's annual percentages at lease renewal. For unregulated leases, the lease agreement governs; rent typically cannot be raised mid-term unless the lease contains a specific escalation clause.

What if my landlord won't make repairs?

File a complaint with 311 (in NYC) or your local code enforcement agency. You can also bring an HP Action in Housing Court. In regulated units, file for a rent reduction with DHCR. Document everything in writing and with photos.

Can my landlord refuse to renew my lease?

In rent-stabilized units, the landlord generally must offer a renewal lease. They can only refuse for specific just-cause reasons. In unregulated units, the landlord is not required to renew but must give proper notice (30, 60, or 90 days depending on your tenancy length).

New York renters: Use the full New York tenant rights page and upload your lease to Honestkey for a lease analysis tailored to New York law.