Tenant rights in New York

A livable home

New York reads a warranty of habitability into every residential lease. The landlord must keep the place fit to live in and free of conditions that seriously threaten health or safety. Heat and hot water in cold months, working toilets and drains, a weathertight building, safe wiring, and control of serious pests are the usual core. A clause that says you “accept the apartment as-is” or waive those duties does not hold up.

If a serious condition persists after you have given the landlord notice, a court may reduce rent for the period the home was not livable. Some tenants also ask a code-enforcement officer to inspect. Withholding rent on your own is risky: unpaid rent can still support a nonpayment case. Ask a housing lawyer before you change how you pay.

Quiet enjoyment

You rented exclusive use of the home. The landlord and other people the landlord controls should not interfere with that use in a substantial way — no campaign of visits, no harassment, no shutting off services to push you out. Ordinary repair noise and building-wide work, done with notice, are different from a pattern meant to make the home unusable.

Privacy and entry

The landlord may enter to make needed repairs, to comply with law, and, if the lease says so, to show the unit. Except for a genuine emergency, you should get reasonable advance notice — commonly a day ahead. You do not have to accept midnight “inspections” or repeated drop-ins with no purpose. If a visit is scheduled, you can ask that it happen during ordinary hours.

Rent and late fees

Pay the rent the lease states, on the day it is due, through the method the landlord has accepted. If the landlord wants to raise rent by five percent or more, New York generally requires written notice of 30, 60, or 90 days depending on how long you have lived there and the length of your lease (Real Property Law section 226-c). The same notice periods apply when the landlord will not renew and wants the unit back at the end of the term.

For most residential leases, a late fee cannot exceed fifty dollars or five percent of one month’s rent, whichever is less. Extra “penalties,” daily charges stacked on top of that cap, or junk fees that are really disguised rent increases deserve a closer look from counsel.

Security deposits

In a typical Southern Tier rental the deposit cannot be more than one month’s rent. The landlord should hold it in a New York bank. After you move out, return the keys, and leave a forwarding address, the landlord has fourteen days to mail the deposit or a written itemized list of deductions. If that paper does not arrive on time, the landlord usually loses the right to keep any of the money.

Deductions are for unpaid rent and damage beyond ordinary wear — not for a worn path in the carpet or a kitchen that needs a routine coat of paint. Photograph the empty unit when you leave and keep copies of your move-in notes.

Notices when the landlord wants the unit

A landlord who is ending a month-to-month tenancy, declining to renew, or raising rent by five percent or more must give written notice:

• 30 days if you have lived there less than one year and do not have a lease of one year or more.
• 60 days if you have lived there one year but less than two, or you have a lease of at least one year.
• 90 days if you have lived there two years or more, or you have a lease of at least two years.

A notice that is too short, or that never arrives in a way the statute recognizes, is a defense if the landlord later files a holdover case. Keep the envelope and the letter.

Fourteen-day pay-or-quit demand

If the landlord claims you owe rent, the first formal step toward a nonpayment eviction is a written demand giving you at least fourteen days to pay the amount listed or the landlord may start a court case. That is not a court order and it is not a lockout date. You may pay, dispute the amount, or both. Bring proof of payment to any later hearing.

Eviction is a court process

A landlord cannot simply tell you to leave tomorrow and change the locks. Removing a residential tenant requires a case in the proper local court, a chance for you to answer, a judgment, a warrant, and enforcement by a sheriff, marshal, or constable. You have a right to appear and tell the court your side — payment already made, the home uninhabitable, defective notice, or retaliation among the common themes.

Southern Tier cases are heard in city court or a town or village justice court, not New York City Housing Court. If you are served, read the appearance date and get advice quickly. Missing court often leads to a default.

Illegal lockouts

A landlord who locks you out, removes your property, boards the door, or cuts heat, water, or electricity to force you to leave is breaking New York law. Unlawful eviction can be both a crime and a civil claim. Call the local police or sheriff, document what happened, and ask a court to restore you to the home. Do not assume you have “lost” the apartment because the locks were changed while you were at work.

Anti-retaliation

You may complain in good faith to a building inspector, withhold consent to illegal conditions, or join with other tenants. The landlord may not answer those steps by raising rent, cutting services, or suing to evict you because you spoke up. New York’s anti-retaliation statute (Real Property Law section 223-b) creates a presumption in many cases when the landlord’s adverse move follows soon after a protected complaint. The landlord can try to rebut that presumption with a legitimate, non-retaliatory reason.

Fair housing

Federal and New York law prohibit refusing to rent, or offering worse terms, because of race, color, national origin, religion, sex, disability, familial status, age, sexual orientation, gender identity, marital status, military status, and other protected categories. New York also treats lawful source of income — including Section 8 and similar subsidies — as protected. A “no programs” advertisement is not a lawful screening rule in this state.

Southern Tier notes

Most homes on STNY Rental Hub are unregulated market rentals. Your village or city may still require smoke and carbon-monoxide alarms, a rental permit, and heat during a published season. Lead-paint disclosure applies to most housing built before 1978. If you need counsel, contact a New York attorney or a legal-aid program that covers your county. This page is a map, not a retainer.