What are tenant rights in New York?

New York tenant law was significantly strengthened by the Housing Stability and Tenant Protection Act (HSTPA) of 2019.

1. Security Deposit — Capped at 1 month's rent (Gen. Oblig. Law § 7-108). Landlord must return within 14 days with an itemized statement of deductions; failure forfeits the right to retain.

2. Warranty of Habitability — Real Property Law § 235-b implies a warranty in every residential lease that premises are fit for human habitation, free from conditions dangerous to life, health, or safety.

3. Notice for Entry — No statutory notice requirement statewide. NYC requires reasonable notice; most leases specify 24 hours.

4. Termination Notices — Real Property Law § 226-c: 30 days notice for tenancies under 1 year, 60 days for 1-2 years, 90 days for 2+ years.

5. Rent Stabilization — NYC and certain Westchester, Nassau, and Rockland counties have rent stabilization. The Rent Guidelines Board sets annual increase caps. The 2019 HSTPA eliminated vacancy decontrol and limited preferential rent removal.

6. Eviction — Only courts can evict. Self-help is illegal (RPAPL § 853 — treble damages). Nonpayment cases require a 14-day demand. Holdover cases vary.

7. Discrimination — NY Human Rights Law and NYC Human Rights Law prohibit discrimination on race, sex, sexual orientation, gender identity, source of income (including Section 8), immigration status, and many other categories.

8. Retaliation — Real Property Law § 223-b creates a presumption of retaliation if landlord acts adversely within 1 year of tenant complaint or organizing.

This is legal information, not legal advice.