US-New YorkHousing
Security deposits, eviction, repairs, rent increases, breaking a lease
21 questions
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Lease End & Eviction
(4)How much notice must my landlord give to terminate my month-to-month tenancy?
In New York, your landlord must give you at least 30 days’ written notice to terminate a month-to-month tenancy.
What are my rights if my landlord tries to evict me in New York?
In New York, your landlord cannot evict you without a court order after following strict legal procedures — including proper notice, filing in Housing Court, and proving grounds for eviction. You have the right to contest the case, request repairs, and in many cases, receive free legal help.
Can a landlord refuse to renew my lease for no reason?
In most of New York, yes — a landlord can refuse to renew a lease without giving a reason, unless the apartment is rent-stabilized, rent-controlled, or located in a locality with local renewal protections.
Can I break my lease early if my apartment has serious code violations?
Yes, you may legally break your lease early in New York if your apartment has serious, uncorrected housing code violations that make the unit unsafe or uninhabitable.
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Rent Rules
(4)Can my landlord raise my rent without limit in a non-regulated apartment?
Yes, in a non-regulated (market-rate) apartment in New York, your landlord can raise your rent by any amount — with no legal limit — as long as they follow proper notice rules and the lease is expired or month-to-month.
What notice must a landlord give before raising rent in New York?
In New York, landlords must give written notice before raising rent: 30 days for month-to-month tenants in most areas, but 90 days if the increase is 5% or more — and longer notice (up to 180 days) may apply in rent-stabilized units or NYC apartments covered by the Rent Stabilization Law.
Does New York have rent control and who does it cover?
Yes, New York has rent control, but it only applies to a small number of pre-1947 housing units occupied by tenants who have lived there continuously since before 1971 or inherited the tenancy under specific conditions.
What is the Housing Stability and Tenant Protection Act of 2019?
The Housing Stability and Tenant Protection Act of 2019 (HSTPA) is a landmark New York law that strengthened tenant rights, limited landlord discretion, and reformed rent regulation across the state.
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Habitable Housing
(5)Does my landlord have to maintain my apartment in livable condition?
Yes, your landlord in New York must keep your apartment in safe, sanitary, and livable condition under the warranty of habitability.
Can I withhold rent if my landlord refuses to make necessary repairs?
Yes, but only under strict conditions — you must first notify your landlord in writing, give them a reasonable time to fix serious habitability issues, and follow court-approved procedures like rent escrow or repair-and-deduct (where allowed).
What is the implied warranty of habitability in commercial leases?
In New York, the implied warranty of habitability applies only to residential leases—not commercial leases—so landlords of commercial properties generally have no legal duty to maintain habitability unless expressly agreed in the lease.
What maintenance standards apply to multiple dwelling buildings?
Multiple dwelling buildings in New York must meet minimum maintenance standards for light, air, sanitation, fire safety, and structural integrity under the Multiple Dwelling Law and Housing Maintenance Code.
What are my rights as a tenant facing foreclosure of my building?
As a tenant in New York facing building foreclosure, you have the right to stay in your apartment for at least 90 days after the foreclosure sale—and if you have a valid lease, you may remain for its full term unless the new owner intends to occupy the unit as their primary residence.
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Security Deposit
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Fair Housing
(3)Does New York law protect me from housing discrimination?
Yes, New York law strongly protects you from housing discrimination based on multiple personal characteristics, including race, religion, sexual orientation, and source of income.
Can my landlord refuse to rent to me because I have a housing voucher?
No, in New York, landlords generally cannot refuse to rent to you because you have a housing voucher — it’s illegal discrimination under state and local fair housing laws.
Can I sue my landlord for refusing to accommodate my disability?
Yes, you can sue your landlord in New York for refusing a reasonable accommodation for your disability — it’s illegal under federal, state, and local fair housing laws.
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Roommates & Sublets
(3)Can my landlord refuse to let me sublet my apartment?
Yes, your landlord can generally refuse to let you sublet unless your lease allows it or you live in rent-stabilized housing with specific rights.
Do I have a right to have roommates in my New York apartment?
Yes, in most cases you have the right to have roommates in your New York apartment, especially if they are immediate family or if your lease doesn’t clearly prohibit it — and landlords cannot unreasonably withhold consent for additional occupants.
Can my roommate inherit my rent-stabilized lease if I leave?
Yes, your roommate may inherit your rent-stabilized lease if they meet strict legal requirements — including living with you for at least two years (or one year if elderly or disabled) and proving a 'family relationship' as defined by law.