New York Residential Lease Agreement

Important Information for New York Landlords

New York Rental Law Highlights

Security Deposits

• Maximum Amount: Generally limited to 1 month’s rent (for most buildings). Some rent-stabilized units may have different limits.
• Return Timeline: “Reasonable time” – typically interpreted as 14-45 days depending on circumstances
• Itemization Required: Must provide itemized list of deductions within reasonable time
• Interest (NYC & some areas): Buildings with 6+ units must pay interest on deposits held over 1 year
• Separate Account: Must be held in NY bank account separate from landlord’s funds
• Bank Information: Must provide tenant with bank name and address where deposit is held

Rent and Rent Increases

• Rent Stabilization: NYC and some other municipalities have rent stabilization/control laws
• Notice Requirements: Must give proper notice for rent increases (varies by lease type and location)
• NYC Specifics: 30 days notice for increases under 5%, 60 days for 5% or more
• Rent Stabilized Units: Increases limited by Rent Guidelines Board annual vote
• Late Fees: Must be reasonable; typically $50 or 5% of rent
• Grace Period: NYC requires 5-day grace period; other areas vary

Required Disclosures (varies by location)

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Window guard notice (NYC – buildings with children under 11)
• Bedbug infestation history (past year)
• Tenant’s rights and duties notice
• Owner and managing agent contact information
• Bank information for security deposit
• Rent Stabilization Rider (if applicable)
• Truth in Heating disclosure (some areas)
• Air conditioning surcharge info (if applicable)
• Smoke detector and carbon monoxide detector requirements
• Sprinkler system information (if building has one)

Heating Requirements (Critical in NY)

• Heat Season: NYC: October 1 – May 31 (other areas may vary)
• Day Temperature: Must maintain 68°F when outside temp is below 55°F (6am-10pm)
• Night Temperature: Must maintain 62°F at all times
• Hot Water: Must provide 120°F hot water 365 days/year
• Violations: Failure to provide heat/hot water is a serious violation

Eviction and Termination

• Lease Expiration Notice: 30-90 days notice required (depends on lease length)
• Month-to-Month: 30 days notice typically required
• NYC Rent Stabilized: Must provide renewal lease offer 90-150 days before expiration
• Good Cause Eviction: Some areas now require “good cause” for eviction
• Court Proceedings: Must use proper legal procedures; no self-help evictions
• Holdover Proceedings: Required for tenant who stays after lease ends
• Non-Payment: Must serve proper notice and go through court

Tenant Rights and Protections

• Warranty of Habitability: Implied in all leases; must maintain safe, livable conditions
• Retaliation: Cannot retaliate against tenant for complaints or organizing
• Repairs: Must make repairs within reasonable time
• Quiet Enjoyment: Cannot disturb tenant’s peaceful use of property
• Privacy: Must give reasonable notice before entry (except emergencies)
• Right to Organize: Tenants can organize tenant associations

Pet Policies

• No-Pet Clauses: Enforceable in NY, but with important exceptions
• NYC “90-Day Rule”: If landlord knows of pet for 90 days and doesn’t object, may lose right to enforce no-pet clause
• Pet Deposits: Count toward 1-month security deposit limit
• Pet Fees: Can charge non-refundable pet fees (within reason)
• Service Animals: Must allow under Fair Housing Act; cannot charge fees
• Emotional Support Animals: Must accommodate with proper documentation

NYC-Specific Considerations

Rent Stabilization

• Buildings built before 1974 with 6+ units may be rent stabilized
• Rent increases limited by Rent Guidelines Board
• Must offer lease renewal 90-150 days before expiration
• Cannot refuse to renew without good cause
• Special rules for vacancy increases and improvements

Co-op and Condo Considerations

• Co-op owners may need board approval to rent
• Must comply with building bylaws and house rules
• May have restrictions on lease terms or subletting
• Tenant may need to provide financial information to board

NYC Housing Court

• Separate court system for landlord-tenant disputes
• Free legal representation available for tenants (Right to Counsel)
• High tenant protection standards
• Must follow strict procedural requirements

Fair Housing Requirements

Source of Income Protection

• NYC and NYS prohibit discrimination based on lawful source of income
• Must accept Section 8 and other voucher programs
• Cannot refuse applicants solely because they receive government assistance
• Cannot impose different terms based on source of income

Building Code and Safety Requirements

• Must have working smoke and carbon monoxide detectors
• Window guards required in NYC apartments with children under 11
• Fire exits and emergency lighting must be maintained
• Proper locks on doors (specific requirements in NYC)
• Hot and cold running water
• Adequate heat (Oct 1 – May 31)
• Working bathroom and kitchen facilities

Short-Term Rentals (Airbnb, etc.)

• NYC has strict regulations on short-term rentals
• Generally illegal to rent entire apartment for less than 30 days
• Heavy fines for violations
• Lease should clearly prohibit unauthorized short-term rentals
• Other NY municipalities have various regulations

Subletting

• NYC: Tenants have right to sublet with landlord approval (cannot unreasonably withhold)
• Must follow specific procedures and timelines
• Landlord can charge reasonable administrative fee
• Original tenant remains liable for rent and damages

Best Practices for New York Landlords

• Use NYC-approved lease forms when applicable
• Provide all required disclosures before tenant signs
• Register with HPD if required (NYC buildings)
• Respond promptly to repair requests, especially heat/hot water
• Document everything in writing
• Maintain property to code standards
• Know rent stabilization status of your units
• Follow proper procedures for rent increases and lease non-renewals
• Never use self-help eviction tactics
• Keep detailed records of all transactions
• Consider landlord insurance
• Join local landlord associations
• Stay informed about frequent law changes

HSTPA (Housing Stability and Tenant Protection Act)

• Major 2019 law that significantly strengthened tenant protections
• Eliminated vacancy bonuses and preferential rent increases
• Limited security deposits to 1 month’s rent
• Eliminated most grounds for luxury decontrol
• Required “good cause” for eviction in many cases
• Landlords should be familiar with HSTPA requirements

Resources

• NYS Division of Housing and Community Renewal (DHCR)
• NYC Department of Housing Preservation and Development (HPD)
• New York State Attorney General – Tenant Rights Guide
• Rent Guidelines Board (for NYC rent stabilized units)
• Local housing courts and legal aid societies
• New York State Bar Association – Real Estate Section
• Local property owner associations