Renting in New York comes with a complex web of state and local laws designed to protect tenants — but only if you know about them. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) fundamentally changed the landscape for renters in New York City and across the state. Here is what you need to check before signing.
Rent Stabilisation and Rent Control
New York City has two forms of regulated housing. Rent control applies to a small number of apartments occupied continuously since before 1974. Rent stabilisation is far more widespread and covers apartments in buildings with six or more units built before 1974 where the legal regulated rent is below the high-rent deregulation threshold (currently $5,000 per month).
If your apartment is rent-stabilised, your landlord can only increase rent by amounts set annually by the Rent Guidelines Board. The HSTPA eliminated most pathways to deregulating rent-stabilised units, including luxury deregulation and vacancy decontrol. If you are told your apartment is market rate, verify this by searching the NYC Rent Guidelines Board's database or requesting the apartment's rent history through the DHCR.
Key check: Your lease should state whether the apartment is rent-stabilised. If you suspect it should be but the landlord says it is not, request the apartment's regulatory history before signing.
Lease Renewal Rights
Rent-stabilised tenants have the right to a lease renewal on the same terms and conditions, with only the lawful rent increase applied. Landlords must offer renewal leases between 90 and 150 days before the lease expires. If your landlord fails to do so, you can remain in the apartment on your existing terms until a proper renewal is offered.
Market-rate tenants do not have an automatic right to renewal. However, the HSTPA introduced good-cause eviction protections for many market-rate tenants: under the Good Cause Eviction Law, landlords in covered municipalities cannot evict tenants or refuse to renew their lease without cause, and rent increases above a certain threshold can also constitute grounds for challenge.
Security Deposit Rules Under the HSTPA
The HSTPA capped security deposits in New York at one month's rent for all residential tenancies — reduced from two months for stabilised units. Your landlord cannot require a larger deposit by any name, including "damage deposit," "last month's rent," or "administrative deposit."
The landlord must return your deposit within 14 days of vacating (reduced from the previous 21-day period), along with an itemised statement of any deductions. Failure to do so on time forfeits their right to make any deductions.
Landlord Harassment Protections
New York law (Real Property Law § 223-b and NYC Admin Code § 27-2005) prohibits landlord harassment of tenants. Harassment includes interfering with heat, hot water, or essential services; making repeated unnecessary entry; threatening tenants; or taking actions intended to make the tenant vacate. If your lease contains clauses that could facilitate harassment — for example, vague maintenance access rights or clauses penalising tenants for making complaints — these may be subject to challenge.
Required Lease Disclosures
New York landlords are required to disclose:
- Whether the unit was ever used as a meth lab (Real Property Law § 235-e)
- Lead paint information for pre-1978 buildings (federal law)
- The apartment's legal regulated rent and any preferential rent arrangement (for stabilised apartments)
- The name and address of the landlord (or managing agent)
- The name and address of the person authorised to manage the building
Preferential Rent Traps
One of the most important things to check in a rent-stabilised lease is whether you are paying a "preferential rent" — a rent lower than the legal regulated rent. Under the HSTPA, once you vacate, the landlord can revert to the higher legal regulated rent for the next tenant, and in some cases can even raise your own rent to the legal amount at renewal. Always ask for the legal registered rent for your unit and compare it to what you are being charged.
Your Rights During the Tenancy
During your tenancy in New York, your rights include:
- A right to heat (at least 68°F between 6am and 10pm when outdoor temps fall below 55°F)
- A right to hot water at all times
- The right to make minor repairs and deduct costs from rent if the landlord fails to act (with proper written notice)
- Protection against retaliation for making complaints about conditions
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