Tenants Rights

Residential
Tenants’ Rights
Guide
Renter’s Rights and Protections
Under New York State Law
2
Dear Friends:
The contract between a tenant and
landlord, whether based on a written
lease or a handshake, is one of the
most common and important deals
made across our state. It defines
how renters will enjoy their home,
how owners will maintain their
property, and it can even affect a
neighborhood’s stability.
In New York State, there are several
different laws governing this
relationship, which can vary depending on the county or town
where you live. This booklet explains many of these laws you
need to know and provides resources where you can find more
information about landlord and tenant issues. If you have
questions about any of the material covered in this guide,
or you need our assistance with a tenant matter, please do
not hesitate to contact my office at (800) 771-7755 or visit my
website at ag.ny.gov.
Sincerely,
3
4 Residential Tenant’s Rights Guide
Table of Contents
Types of Housing.......................................................................... 6
Leases...........................................................................................10
Rent............................................................................................... 16
Lease Succession or Termination............................................. 26
Habitability and Repairs............................................................ 38
Safety...........................................................................................44
Utility Services............................................................................. 50
Tenants’ Personal Protections....................................................52
Manufactured and Mobile Homes........................................... 58
Finding An Apartment............................................................... 62
Resources.................................................................................... 64
Table of Contents 5
Types of Housing
The two types of rent regulation in New York State are rent control and
rent stabilization. An individual tenant’s rights will depend, in part,
upon which regulations apply, although some apartments may have
multiple laws governing their tenancies. While tenants in rent regulated
or government subsidized apartments have special rights, many rules
and laws apply to both unregulated and regulated apartments.
To find out whether an apartment is regulated,

contact the New York State Division of Housing
and Community Renewal at
portal.hcr.ny.gov/app/ask
6 Residental Tenant’s Rights Guide

Rent Regulated Housing
Rent Control
Rent control limits the rent an owner may charge for an apartment
and restricts the right of the owner to evict tenants. The rent control
program applies to residential buildings constructed before February
1947 in municipalities that have not declared an end to the postwar
rental housing emergency. Rent control is still in effect in New York
City and parts of Albany, Erie, Nassau, Rensselaer, Schenectady, and
Westchester counties.
For an apartment to be under rent control, the tenant or the tenant’s

lawful successor (such as a family member, spouse, or adult lifetime
partner) must have been living there continuously since before July 1,
1971 (and in some situations since April 1, 1953). When a rent controlled
apartment is vacated in New York City or most other localities,
it becomes rent stabilized. In New York City, each rent controlled
apartment has a maximum base rent that is adjusted every two years
to reflect changes in operating costs, but tenants’ rents cannot exceed
a Maximum Collectible Rent, which is adjusted annually and based on
an average of the past five years of Rent Guideline Board orders for
one year leases or 7.5% (whichever is lower). Tenants may challenge
increases if the Maximum Collectible Rent to the Maximum Base rent
being charged by the landlord exceeds the legal regulated rent, the
building has housing code violations, the owner’s expenses do not
warrant an increase, or the owner is not maintaining essential services.
Rent Control:
Limits the rent an owner may charge for an apartment
and restricts the right of the owner to evict tenants.
The rent control program applies to residential buildings
constructed before February, 1947 in municipalities that have
not declared an end to the postwar rental housing emergency.
Types of Housing 7
Rent Stabilization
In New York City, apartments are generally under rent stabilization if
they are:
• An apartment that is not otherwise rent controlled in a building

built before January 1, 1974 with six or more units;
• A formerly rent controlled apartments that became vacant

without a lawful successor;
• In a building with three or more apartments constructed or

extensively renovated on or after January 1, 1974 with special tax
benefits, such as 421-a or J-51 tax abatements.
Outside New York City, rent stabilized apartments are generally found
in buildings with six or more apartments that were built before January
1, 1974.
Local Rent Guidelines Boards in New York City, Nassau, Rockland, and
Westchester counties set maximum rates for rent increases once a year
which are effective for one or two year leases beginning on or after
October 1 each year. Tenants in rent stabilized apartments are entitled
to required essential services and lease renewals on the same terms
and conditions as the original lease and may not be evicted except on
grounds allowed by law.
As of June 15, 2019, other localities are now able to enact their own rent
stabilization laws if the locality declares a housing emergency.

Government-Financed Housing
The Mitchell-Lama housing program provides rental and cooperative
housing for middle-income tenants statewide. Tenants must meet
eligibility requirements, including income, family size, and apartment
size for both state and city-sponsored Mitchell-Lama developments.
Public Housing is a federally funded program in which state-chartered

authorities develop and manage public housing developments,
subject to federal, state, and local laws and regulations. Tenants in
public housing are entitled to an administrative grievance process
administered by the local housing authority before their tenancies may
be terminated for cause. However, tenants may be brought to court
directly for nonpayment of rent without an administrative hearing.
The Section 8 Housing Assistance Payments program is a federal rent

and mortgage subsidy program that assists eligible low-income or
displaced families, senior citizens, and persons living with disabilities in
obtaining housing nationwide. Families receive a rental subsidy, known
as a housing assistance payment, or a mortgage subsidy toward
payments to purchase a home, equal to the difference between their
share of the rent, (based on their income) and the approved rent or
mortgage for the unit. Eligible families and individuals are subject to
statutory income limits.
Special Types of Housing
• Manufactured and mobile home parks’ owners and tenants

are governed by Real Property Law § 233 (“Mobile Homeowner’s
Bill of Rights”). The Division of Housing and Community Renewal
(DHCR) enforces compliance with this law.
• New York City loft owners and tenants are governed by

Multiple Dwelling Law, Article 7-C, enforced by the New York City
Loft Board.
• New York City residential hotel owners and tenants are

governed by the rent stabilization law, enforced by the DHCR.
Types of Housing 9
Leases
A lease is a contract between a landlord and a tenant that contains
the terms and conditions of the rental. It cannot be changed while it is
in effect unless both parties agree. Leases for apartments that are not
rent stabilized may be oral or written. To avoid disputes, the parties
may wish to enter into a written agreement. A party must sign the lease
to be bound by its terms. An oral lease for more than one year cannot
be legally enforced (General Obligations Law § 5-701).
At a minimum, leases should identify the premises, specify the names

and addresses of the parties, the amount and due dates of the rent, the
duration of the rental, the conditions of occupancy, and the rights and
obligations of both parties. Except where the law provides otherwise,
a landlord may rent on such terms and conditions as are agreed to
by the parties. Any changes to the lease should be initialed by both
parties.
New York City rent stabilized tenants are entitled to receive a fully
executed copy of their signed lease from their landlords within 30 days
of the landlord’s receipt of the lease signed by the tenant. The lease’s
beginning and ending dates must be stated. Rent stabilized tenants
must also be given a rent stabilization lease rider, prepared by DHCR,
which summarizes their rights under the law and provides specific
information on how the rent was calculated.

Lease Provisions
Leases must use words with common and everyday meanings and
must be clear and coherent. Sections of leases must be appropriately
captioned and the print must be large enough to be read easily.
(General Obligations Law § 5-702; NY C.P.L.R. § 4544.)
The following lease provisions are not allowed :
• Exempting landlords from liability for injuries to persons or

property caused by the landlord’s negligence, or that of the
landlord’s employees or agents (General Obligations Law § 5-321);
• Waiving the tenant’s right to a jury trial in any lawsuit brought by

either of the parties against the other for personal injury or property
damage (Real Property Law§ 259-c);
• Requiring tenants to pledge their household furniture as security

for rent (Real Property Law § 231);
• Exempting landlords from mitigating the damages of a tenant

vacating the premises before the lease expires (Real Property Law
§ 227-e);
• Waiving the Warranty of Habitability (Real Property Law § 235-b);

and
• Restricting a tenant from living with their immediate family

members and/or one additional occupant and the occupant’s
dependent children (Real Property Law § 235-f ).
If a lease states that the landlord may recover attorney’s fees and costs
incurred, a tenant automatically has a reciprocal right to recover those
fees as well (Real Property Law § 234). If the court finds a lease or any
lease clause to have been unconscionable at the time it was made, the
court may refuse to enforce the lease or the clause in question (Real
Property Law § 235-c).
Leases 11
Renewal Leases
Non-Rent Regulated Lease Renewals

For non-rent regulated apartments, the landlord does not have to
renew the lease.
A lease may contain an automatic renewal clause. In such case, the

landlord must give the tenant advanced notice of the existence of this
clause between 15 and 30 days before the tenant is required to notify
the landlord of an intention not to renew the lease.
(General Obligations Law § 5-905).
If the landlord of the non-regulated unit intends to renew the lease with
a rent increase of more than 5%, or does not intend to renew the lease,
they must provide advanced written notice:
• If you have lived in your apartment two or more years, or if you

have a two-year lease, your landlord must provide you with 90
days advanced written notice before raising your rent or not
renewing your lease;
• If you have lived in your apartment for more than one year, but
less than two years, your landlord must provide you with 60 days
advanced notice before raising your rent or not renewing your
lease; or
• If you have lived in your apartment for less than one year, or have
a lease for less than one year, your landlord must provide you with
30 days advanced notice before raising your rent or not renewing
your lease. (Real Property Law § 226-c).

Regulated Renewal Leases
Rent stabilized tenants have a right to a one- or two-year renewal
lease, which must be on the same terms and conditions as the prior
lease, unless a change is mandated by a specific law or regulation. A
landlord’s acceptance of a Section 8 subsidy is one such term which
must be continued on a renewal lease. Landlords may refuse to renew
a rent stabilized lease only under certain enumerated circumstances,
such as when the tenant is not using the premises as their primary
residence. For New York City rent stabilized tenants, the landlord must
give written notice to the tenant of the right to renewal by mail or
personal delivery not more than 150 days and not less than 90 days
before the existing lease expires.
After the notice of renewal is given, the tenant has 60 days in which
to accept. If the tenant does not accept the renewal offer within the
prescribed time, the landlord may refuse to renew the lease and seek
to evict the tenant through court proceedings. If the tenant accepts
the renewal offer, the landlord has 30 days to return the fully executed
lease to the tenant.
Leases 13
Month-to-Month Tenants
Non-rent regulated renters who do not have leases and pay rent on a
monthly basis are called “month-to-month” tenants. Tenants who stay
past the end of a lease are treated as month-to-month tenants if the
landlord accepts a rent payment (Real Property Law § 232-c).
A month-to-month tenancy may be terminated by either party. If the

landlord plans to terminate, they must give notice on the same timeline
as terminating non-regulated leases (as described on the previous
page). Outside of New York City, the tenant must give one month’s
notice to terminate the tenancy.
Landlords do not need to explain why the tenancy is being terminated,

they only need to provide notice that it is, and that refusal to vacate
will lead to eviction proceedings. Such notice does not automatically
allow the landlord to evict the tenant. A landlord may raise the rent of
a month-to-month tenant with the consent of the tenant. If the tenant
does not consent, however, the landlord can terminate the tenancy by
giving appropriate notice. (Real Property Law § 232-a and § 232-b).

Rent 15
Rent
Rent Charges
When an apartment is not rent regulated, a landlord is free to charge
any rent agreed upon by the parties. If the apartment is subject to rent
regulation, the initial rent and subsequent rent increases are set by law,
and may be challenged by a tenant at any time. However, recovery
of rent overcharge is limited to either four or six years preceding the
complaint depending on when the complaint is made.

Late Fees
A rent payment can only be considered late if it is received more than
five days after it is due. The most your landlord can charge as a late fee
is $50 or 5% of your monthly rent, whichever is less (Real Property Law
§ 238-a).
Tenants can use the failure by the landlord to provide this notice as an
affirmative defense in a nonpayment of rent case.
Receipts
Landlords must provide tenants with a written receipt when rent is paid
by cash, money order, cashier’s check, or in any form other than the
personal check of a tenant. Tenants paying rent by personal check may
request in writing a rent receipt from the landlord. The receipt must
state the payment date, the amount, the period for which the rent was
paid, and the apartment number. The receipt must be signed by the
person receiving the payment and state his or her title. (Real Property
Law § 235-e). After the tenant requests a receipt one time, the landlord
must provide a receipt every month. The landlord also must keep proof
of cash rent receipts for 3 years.
Rent 17
Rent Increases
Rent Increases for Non-Regulated Apartments

If the landlord of a non-regulated unit intends to increase the rent by
more than 5%, they must provide advanced written notice of either
30, 60, or 90 days depending on how long the tenant has been in
occupancy (see section on Renewal Leases).
Rent Increases for Regulated Apartments

Maximum rent increases for rent stabilized apartments are set each
year by local Rent Guidelines Boards.
Landlords are no longer permitted to increase rent in a rent-regulated

unit by 20% when it becomes vacant (the ‘vacancy bonus’). The related
‘longevity bonus,’ (when the departing tenant has lived in the unit for
eight years or more) is also prohibited.
Additionally, in most cases landlords are no longer allowed to take an

apartment out of rent regulation when the rent exceeds the “high-rent
threshold” and the apartment becomes vacant. Also, deregulation is
no longer permitted in most cases if the tenant is considered “high-
income.” (There are a small number of exceptions to the high-rent and
high-income deregulation prohibitions for certain new buildings that
receive tax abatements.)
Apartments that were deregulated before June 14, 2019 will continue to
be so.
Tenants should check their rent history to potentially challenge both the
deregulation of their apartment and the rent currently being charged.
To check your rent history, call the Office of Rent Administration at (718)
739-6400, or visit portal.hcr.ny.gov/app/ask.

Substantial Improvements in Rent-Regulated Units:
Major Capital Improvements (MCIs)

For certain types of building-wide major capital improvements (MCIs)
that benefit all of the tenants in a building (such as the replacement of
a boiler or plumbing) the landlord may apply to DHCR to increase the
rent of their rent stabilized tenants. The amount that a landlord can
raise tenants’ rents due to MCIs is now capped at 2% of their current
rent per year, and there is no retroactive amount. This cap applies to
MCI increases not collected yet that were approved after June 16, 2012.
Additionally, MCI increases are now temporary and will be removed
from tenants’ rents after 30 years.
MCI increases cannot be added to your rent if there are any

“hazardous” or “immediately hazardous” violations at your building.
Your landlord must fix these violations before any MCI can be
authorized by state regulators.
MCI increases are not permitted if fewer than 35% of the apartments in
the building are rent regulated.
Rent 19
Individual Apartment Improvements (IAIs)
Landlords are also permitted to increase rents for improvements made
to individual apartments (for example, new flooring, new fixtures or
other improvements). Typically, these improvements occur while the
unit is vacant, but can also be made in occupied units with written
approval from the tenant. To increase the rent because of an IAI, the
landlord must take before and after photos, maintain permanent
records of the improvement, and submit documentation to the state.
The amount by which the landlord can increase the rent is determined
by how much the improvements cost.
• In buildings that contain more than 35 apartments, the landlord

can collect a permanent rent increase equal to 1/180th of the cost
of the improvement (maximum $83.33).
• In buildings that contain 35 apartments or less, the landlord may

collect a permanent rent increase equal to 1/168th of the cost of
the IAI (maximum $89.29).
Before a landlord can collect a rent increase due to an IAI, they must
first fix any “hazardous” or “immediately hazardous” violations in the
apartment.
For occupied units, the tenant’s written consent must be on a DHCR

form.
The landlord must use licensed contractors not affiliated by common

ownership between the contractor and the landlord to perform any
work it intends to count as an IAI.
A landlord can only claim up to three IAIs in a 15-year period, total costs
eligible for a rent increase calculation cannot exceed $15,000. IAIs are
temporary and must be removed from your rent after 30 years.
A landlord also may increase the rent because of hardship or increased

labor costs.

Rent Increase Exemptions
Tenants who are senior citizens (62 or older) or living with a disability
and living in rent regulated, Low-Income Housing Tax Credit (LIHTC),
Limited Dividend, Redevelopment, Housing Development Fund
Corporation (HDFC), or Mitchell-Lama cooperatives and rentals, may
be granted certain exemptions from rent increases. Tenants may
determine whether they qualify for a Senior Citizen Rent Increase
Exemption (SCRIE) or a Disability Rent Increase Exemption (DRIE) by
calling the NYC Department of Finance at 212-639-9675 or visiting
the walk-in center located at 66 John Street, 3rd Floor, New York,
NY 10038. For SCRIE/DRIE applications for HDFC or Mitchell-Lama
apartments, contact the NYC Department of Housing Preservation and
Development (HPD) at (212) 863-8494. Tenants in other parts of New
York State may contact DHCR to determine their eligibility.
Rent Increases for Rent Controlled Tenants

In the past, landlords could raise rents for rent controlled tenants up to
7.5% every year, in addition to fuel pass-along charges (plus MCI and/or
IAI increases).
Now, a landlord is limited to increasing a rent-controlled tenant’s rent

by the average of the five most recent Rent Guidelines Board annual
rent increases for one-year lease renewals, or 7.5% (whichever is less).
Landlords may no longer charge fuel costs to rent-controlled tenants.
If you believe your landlord is not following the law related to

rent increases, you can make a complaint to the New York State
Department of Homes and Community Renewal at hcr.ny.gov.
Rent 21
Preferential Rent
For rent stabilized tenants paying a rent lower than the legal regulated
rent (called a preferential rent), the landlord is no longer allowed to
revoke it and raise the rent to the higher legal regulated rent. This
means that your landlord cannot raise your preferential rent more than
the percentage set by the Rent Guidelines Board, plus any charges for
MCIs or IAIs if they apply.
The lease should show your legal rent, and if you have a preferential
rent, it may be shown in the section of the lease that says: “Lower rent
to be charged, if any.”
Rent Overcharges
In New York City and certain communities in Nassau, Rockland, and
Westchester counties where rent stabilization or rent control laws
apply, the landlord may not charge more than the legal regulated rent.
Landlords must register each rent stabilized apartment with the DHCR
and provide tenants annually with a copy of the registration statement.
Tenants may also get a copy of the rent history for their apartment
directly from the DHCR. The tenant may also be entitled to recover
interest, plus reasonable costs and attorney’s fees, for overcharges
after June 14, 2019.
Generally, the penalty for a rent overcharge is the amount an owner

collected above the legal regulated rent, plus accrued interest. If the
overcharge is willful, the landlord is liable for a penalty of three times
the amount of the overcharge. The landlord has the burden of proving
that the overcharge was not willful. Tenants who believe they are
being overcharged should contact the DHCR and/or an attorney.

Rent Security Deposits
At the beginning of their tenancy, all tenants can be required to give
their landlord a security deposit, but it is limited to no more than one
month’s rent. The one-month limit means that a landlord cannot ask
for last month’s rent and a security deposit. However, if the lease is
renewed at a greater amount or the rent is increased during the term
of the lease, the landlord is permitted to collect additional money from
the tenant to bring the security deposit up to the new monthly rent.
Landlords, regardless of the number of units in the building, must treat
the deposits as trust funds belonging to their tenants and they may not
co-mingle deposits with their own money.
Landlords of buildings with six or more apartments must put all

security deposits in a New York bank account earning interest at the
prevailing rate. Each tenant must be informed in writing of the bank’s
name and address and the amount of the deposit. Landlords are
entitled to collect annual administrative expenses of 1% of the deposit.
All other interest earned on the deposits belongs to the tenant. Tenants
must be given the option of having this interest paid to them annually,
applied to rent, or paid at the end of the lease term. If the building has
fewer than six apartments, a landlord who voluntarily places security
deposits in an interest-bearing bank account must also follow these
rules.
For example: A tenant pays a security deposit of $1,000. The landlord

places the deposit in an interest-bearing bank account paying 1.5%. At
the end of the year the account will have earned interest of $15.00. The
tenant is entitled to $5.00 and the landlord may retain $10.00, 1% of the
deposit, as an administrative fee.
A landlord may use the security deposit as a reimbursement for any

unpaid rent, or the reasonable cost of repairs beyond normal wear and
tear, if the tenant damages the apartment.
Rent 23
Getting Your Security Deposit Back – Non-Regulated Units
For tenants in units that are not rent stabilized or rent controlled, the
landlord must return the security deposit within 14 days of the tenant
moving out.
If the landlord takes any money out of the security deposit for
damages, they must provide an itemized “receipt” describing the
damage and its cost. If the landlord does not provide this receipt within
14 days of the tenant moving out, they must return the entire security
deposit, whether there is damage or not.
Tenants planning to move out can ask their landlord to inspect the
apartment (or rental home or other type of home rental) before the
move-out date. They must allow the tenant to be present during the
inspection. At that inspection, the landlord must tell the tenant what
needs to be fixed or cleaned. The tenant then has the opportunity to
fix any issues to prevent the landlord from keeping part or all of the
security deposit.
If the landlord deliberately breaks this law, the tenant may be entitled
to up to twice the amount of the security deposit.
Note: Currently, these laws only apply to tenants in non-rent

regulated units. For rent regulated units, the landlord must return
the security deposit to the tenant, less any lawful deduction, at the
end of the lease or within reasonable time thereafter, whether or
not the tenant asks for its return. Upon vacating, the tenant should
leave the apartment in clean condition, removing all personal
belongings and trash from the apartment, and making any minor
repairs needed.
Our office may be able to help you get back your rent security deposit.
To request help, simply file a rent security complaint form with: Office of
the New York State Attorney General Bureau of Consumer Frauds and
Protection. You may access this form at
formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome.

Sale of Building
If the building is sold, the landlord must transfer all security deposits
to the new owner within five days or return the security deposits to the
tenants. Landlords must notify the tenants, by registered or certified
mail, of the name and address of the new owner.
Purchasers of rent stabilized buildings are directly responsible to

tenants for the return of security deposits and any interest. This
responsibility exists whether or not the new owner received the security
deposits from the former landlord.
Purchasers of rent controlled buildings or buildings containing six

or more apartments where tenants have written leases are directly
responsible to tenants for the return of security deposits and interest
in cases where the purchaser has “actual knowledge” of the security
deposits. The law defines specifically when a new owner is deemed to
have “actual knowledge” of the security deposits (General Obligations
Law, Article 7, Title 1).
When problems arise regarding security deposits, tenants should first

try to resolve them with the landlord before taking other action. If a
dispute cannot be resolved, tenants may contact the nearest local
office of the Attorney General, listed at the end of this booklet.
If the building is sold, the landlord must transfer

all security deposits to the new owner within five days
or return the security deposits to the tenants.
Landlords must notify the tenants,

by registered or certified mail, of the name
and address of the new owner.
Rent 25
Lease Succession or Termination
Subletting or Assigning Leases
Subletting and assignment are methods of transferring the tenant’s

legal interest in an apartment to another person. Here are the
differences between the two.
Sublet
To sublet means that the tenant is temporarily leaving the apartment
and therefore is transferring less than the entire interest in the
apartment. A tenant who subleases an apartment is called the
prime tenant and the person temporarily renting the premises is the
subtenant.
Tenants in buildings with three or fewer apartments do not have a right

to sublet. They can ask the landlord to sublet but the landlord does not
have to agree. If the landlord unreasonably withholds their consent to
sublet, the tenant’s only remedy is to be let out of their lease after 30
days’ notice to the landlord.

Tenants in buildings with four or more apartments have the right
to sublet with the landlord’s advance consent. Any lease provision
restricting a tenant’s right to sublease is void as a matter of public
policy. If the landlord consents to the sublet, the tenant remains liable
to the landlord for the obligations of the lease, including all future rent.
If the landlord denies the sublet on reasonable grounds, the tenant
cannot sublet, and the landlord is not required to release the tenant
from the lease. If the landlord denies the sublet on unreasonable
grounds, the tenant may sublet anyway. If a lawsuit results, the tenant
may recover court costs and attorney’s fees if a judge rules that the
landlord denied the sublet in bad faith (Real Property Law § 226-b(2)).
These steps must be followed by tenants wishing to sublet:
1. The tenant must send a written request to the landlord by

certified mail, return-receipt requested. The request must contain
the following information: (a) the length of the sublease; (b) the
name, home and business address of the proposed subtenant;
(c) the reason for subletting; (d) the tenant’s address during the
sublet; (e) the written consent of any co-tenant or guarantor; and
(f) a copy of the proposed sublease together with a copy of the
tenant’s own lease, if available.
2. Within ten days of mailing this request, the landlord may ask
the tenant for additional information. Any request for additional
information may not be unduly burdensome.
3. Within 30 days of the mailing of the tenant’s sublet request or

within 30 days of the landlord’s request for additional information,
whichever is later, the landlord must send the tenant a notice of
consent, or if consent is denied, the reasons for denial. A landlord’s
failure to send this written notice is considered consent to sublet
(Real Property Law § 226-b(2)).
Lease Succession or Termination 27

Additional requirements limited to rent stabilized tenants:
• The rent charged to the subtenant cannot exceed the stabilized

rent, plus a 10% surcharge payable to the tenant for a furnished
sublet. Additionally, the stabilized rent payable to the owner,
effective for the duration of the sublet only, may be increased by
a “sublet allowance” which is set by the Rent Guidelines Board. A
subtenant who is overcharged may file a complaint with DHCR or
may sue the prime tenant in court to recover any overcharge plus
interest, attorneys’ fees, and treble damages where applicable (9
NYCRR § 2525.6(e));
• The prime tenant must establish that the apartment has

been maintained as a primary residence at all times and must
demonstrate intent to reoccupy it at the end of the sublet; and
• The prime tenant, not the subtenant, retains the rights to a

renewal lease and any rights resulting from a co-op conversion.
The term of a sublease may extend beyond the term of the prime
tenant’s lease. The tenant may not sublet for more than two
years within any four year period (Real Property Law § 226-b; 9
NYCRR § 2525.6). Frequent or prolonged periods of subletting
may be grounds for a landlord to seek possession of rent stabilized
premises on the basis of non-primary residence (9NYCRR §
2520.6(u)).
Assign a Lease
To assign means that the tenant is transferring the entire interest in
the apartment lease to someone else and permanently vacating the
premises. The right to assign the lease is much more restricted than the
right to sublet. A sublet or assignment which does not comply with the
law may be grounds for eviction.

A tenant may not assign the lease without the landlord’s written
consent. The landlord may withhold consent without cause. If the
landlord reasonably refuses consent, the tenant cannot assign and is
not entitled to be released from the lease. If the landlord unreasonably
refuses consent, the tenant is entitled to be released from the lease
within 30 days from the date the request was given to the landlord
(Real Property Law § 226-b(1)).
Apartment Sharing
It is unlawful for a landlord to restrict occupancy of an apartment to
the named tenant in the lease or to that tenant and immediate family.
When the lease names only one tenant, that tenant may share the
apartment with immediate family, one additional occupant, and the
occupant’s dependent children provided the tenant or the tenant’s
spouse occupies the premises as their primary residence. When the
lease names more than one tenant, these tenants may share their
apartment with immediate family; and, if one of the tenants named
in the lease moves out, that tenant may be replaced with another
occupant and the dependent children of the occupant. At least one of
the tenants named in the lease or that tenant’s spouse must occupy the
shared apartment as a primary residence.
A tenant must inform the landlord of the name of any occupant within
30 days of the occupant moving into the apartment or 30 days of
a landlord’s request for this information. If the tenant named in the
lease moves out, the remaining occupant has no right to continue in
occupancy without the landlord’s express consent.
Landlords may limit the total number of people living in an apartment

to comply with legal overcrowding standards
(Real Property Law § 235-f).

Lease Succession Rights
Family members living in an apartment not covered by rent control,
rent stabilization, or other housing governed by a regulatory
agreement generally have no right to succeed a tenant who dies or
permanently vacates the premises. The rights of a family member living
in a rent controlled or rent stabilized apartment to succeed a tenant
of record who dies or permanently vacates are covered by DHCR
regulations. Under these regulations, a “family member” is defined as
husband, wife, son, daughter, stepson, stepdaughter, father, mother,
stepfather, stepmother, brother, sister, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law, son-in-law,
or daughter-in-law of the tenant; or any other person residing with the
tenant in the apartment as primary resident who can prove emotional
and financial commitment and interdependence with the tenant
(9 NYCRR § 2520.6(o)(2)).
Minimum Residency — A family member would succeed to the rights of

the tenant of record upon the tenant’s permanent departure or death,
provided the family member lived with such a primary resident either
(1) not less than two years (one year in the case of senior citizens
and persons living with a disability persons), or
(2) from the commencement of the tenancy or the relationship, if

the tenancy or relationship was less than two years— or one year,
in the case of senior citizens and tenants living with a disability
(9 NYCRR § 2523.5).
The minimum residency requirements will not be considered

interrupted by any period during which the “family member”
temporarily relocates because he or she is engaged in active military
service, is enrolled as a full-time student, is not living in the residence
because of a court order, is temporarily relocated for employment, is
hospitalized; or other reasonable grounds.

To ensure that the landlord is aware of all persons residing in the
apartment who may be entitled to succession rights or protection from
eviction, a tenant may wish to submit a notice listing all additional
occupants to the landlord (9 NYCRR § 2523.5(b)(2)). The landlord
may request from the tenant, but not more than once in any twelve-
month period, the names of all persons residing in the apartment.
Remaining family members living in government-financed housing

(such as a public development, an apartment owned by the local
municipality, or in an apartment where the prime tenant had Section
8 Rental Assistance) and where the named tenant of record has died
or moved out, may also have the right to succeed to that tenant’s
lease and/or rent subsidy. Family members seeking succession rights in
these circumstances must check the applicable federal and municipal
regulations and the local public housing authority rules to determine
if they meet the eligibility requirements. Under federal regulations,
persons alleging they are remaining family members of a tenant are
entitled to a grievance hearing before eviction if they can make a
plausible claim to such status.
Lease Termination
If you leave your apartment or other rental home before your lease
ends, your landlord must make a good-faith effort to fill the vacancy.
If the landlord finds a new tenant and the new tenant’s rent is equal or
higher to your rent, your lease is considered terminated and you are no
longer liable for the rent.

Senior Citizen or Individuals Living with a Disability Lease
Termination
Tenants or their spouses or dependents living with them who are 62
or older, or who will turn 62 during the term of their leases, or who are
living with a disability as defined in Executive Law 292 (21); are entitled
to terminate their leases if:
• They are certified by a physician as being no longer able, for

medical reasons, to live independently and will move to the
residence of a family member; or
• They relocate to an adult care facility, a residential health care

facility, subsidized low- or moderate-income housing, or other
housing for seniors or persons living with a disability.
Real Property Law §227-a(1).
When given notice of the tenant’s intention to move into one of the
above facilities, the landlord must release the tenant from liability to
pay rent for the balance of the lease and adjust any payments made in
advance.
Written notice must include:
• Termination date: The law says, the termination date must be

effective no earlier than thirty days after the date on which the
next rental payment is due (after the notice is delivered). The
notice is considered delivered five days after mailing. For example:
if the notice to the landlord is mailed on April 5, the notice is
deemed received April 10. Since the next rental payment (after
April 10) is due May 1, the earliest lease termination date will be
effective June 1;
• A physician’s certification that the person is no longer able to live

independently for medical reasons; and

• For senior citizens breaking a lease, the notice must be
accompanied by a notarized statement from a family member
stating both that the senior is related and will be moving into his or
her residence for at least six months if admission is pending with
documentation of pending admission, or admission to one of the
above mentioned facilities (Real Property Law § 227-a(2)(a).
For individuals living with a disability, the notice does not have to be
additionally accompanied by a notarized family member statement.
(Real Property Law § 227-a(2)(b).
Anyone who interferes with the tenant’s or the tenant’s spouse’s

removal of personal effects, clothing, furniture, or other personal
property from the premises to be vacated will be guilty of a
misdemeanor (Real Property Law § 227-a(3)).
Owners or lessors of a facility of a unit into which a senior citizen or

person living with a disability is entitled to move after terminating a
lease must advise such tenant in the admission application form of the
tenant’s rights under the law (Real Property Law §227-a(3-a)).
In all rent controlled apartments and in rent stabilized apartments

outside of New York City, a senior citizen may not be evicted for
purposes of owner occupancy. In New York City, a landlord may evict
a senior citizen for this purpose only if the tenant is provided with an
equivalent or superior apartment at the same or lower rent in a nearby
area. (9 NYCRR § 2524.4;9 NYCRR § 2504.4; NYC Admin. Code § 26-
408(b)(1))

Military Personnel Lease Terminations
Individuals entering active duty in the military may terminate a
residential lease if:
• The lease was executed by the service member before entering

active duty; and
• The leased premises have been occupied by the member or the

member’s dependents.
Any such lease may be terminated by written notice delivered to

the landlord at any time following the beginning of military service.
Termination of a lease requiring monthly payments is not effective until
30 days after the first date on which the next rent is due (NY Military
Law § 310).
Victims of Domestic Violence Lease Terminations

A tenant or a member of the tenant’s household who is a victim of
domestic violence and reasonably fears potential further domestic
violence by remaining in their apartment can terminate the lease
by sending a notice to the landlord that they are leaving. The notice
must be sent at least 30 days before the tenant intends to leave and
must state that the tenant or a member of the tenant’s household has
experienced domestic violence and reasonably believes the tenant,
or the member of the tenant’s household, is unable to safely remain
in apartment as a result of the domestic violence. Within 25 days of
sending the notice, the tenant must provide documents that the tenant
or household member is a victim of domestic violence. Documents can
include an order of protection, a complaint to law enforcement about
domestic violence, a record from a health care provider of treatment
related to domestic violence, or written verification from a qualified
third party that the tenant or household member reported domestic
violence. The landlord must keep all documentation and information
about the domestic violence confidential and an intentional violation

would expose the landlord to penalties and a damage award. The
tenant must leave the apartment free and clear of any occupants,
unless there are other persons on the lease, in which case those tenants
have the options to remain. (Real Property Law § 227-c).
Eviction
A tenant with a lease is protected from eviction during the lease period
so long as the tenant does not violate any substantial provision of
the lease or any local housing laws or codes. For both regulated and
unregulated apartments, landlords must give formal notice of their
intention to obtain legal possession of the apartment.
A tenant should never ignore legal papers; an eviction notice can still
be sent if a tenant did not appear in court to answer court papers
(petition) sent by the landlord.
Allowable Reasons for Eviction Despite Having a Lease

Unless the tenant vacates the premises by a specified date after notice
from the landlord, the landlord may commence eviction proceedings
through: (a) a summary non-payment court proceeding to evict a
tenant who fails to pay the agreed rent when due and to recover
outstanding rent; or (b) a summary holdover proceeding for eviction
if a tenant significantly violates a substantial obligation under the
lease (such as using the premises for illegal purposes, or committing
or permitting a nuisance) or stays beyond the lease term without
permission. (Real Property Actions and Proceedings Law (RPAPL §
711)).
Landlords of rent regulated apartments may be required to seek

approval from DHCR before commencing a court proceeding for
possession, for example, if the owner seeks to demolish the building.
If a tenant fails to pay rent, is causing a nuisance, damages the
apartment or building, or commits other wrongful acts, the owner may
proceed directly in court.

Your landlord cannot bring you to court for non-payment of rent unless
they have given you a 14-day written “rent demand.”
Tenant Protections During Eviction

A tenant can be legally evicted only after the landlord has brought a
court proceeding and has obtained a judgment of possession; and
only a sheriff, marshal, or constable can carry out a court ordered
warrant to evict a tenant.
Landlords may not take the law into their own hands and evict a tenant
by use of force or unlawful means. For example, a landlord cannot
use threats of violence, remove a tenant’s possessions, lock the tenant
out of the apartment, or willfully discontinue essential services such as
water or heat.
When a tenant is evicted the landlord must give the tenant a

reasonable amount of time to remove all belongings. The landlord may
not retain the tenant’s personal belongings or furniture (RPAPL §749;
Real Property Law § 235).
Until you are evicted (i.e. the sheriff or marshal executes a warrant of
eviction), you can have your non-payment case dismissed if you pay all
rent that is owed.
In a non-payment case, you can only be evicted for not paying your
rent. You cannot be evicted for non-payment of other fees (such as late
fees, legal fees, or any other “added” fee).
If you lose a housing case and the judge orders your eviction, you
can ask the court for up to one year to move if you can show that you
cannot find a similar apartment in the same neighborhood. It is up
to the judge’s discretion. The judge will take into account your health
conditions, whether you have children enrolled in school, the hardship
on the landlord if you remain, and any other life circumstances that

could affect your ability to move. You may be required to continue to
pay rent for the months you remain.
New laws strengthen protections for tenants against retaliatory

evictions and increase penalties for landlords who illegally lock tenants
out of their homes.
A tenant evicted from an apartment in a forcible or unlawful manner

can recover triple damages in a legal action against the landlord.
Landlords who use illegal methods to force a tenant to move are also
subject to both criminal and civil penalties. Further, the tenant may be
entitled to be restored to occupancy (RPAPL 768; RPAPL § 853; NYC
Admin. Code § 26-523, § 26-521).
Additional rules apply in certain situations concerning evictions. In

New York City, a landlord may not evict a tenant in a rent stabilized
apartment for purposes of owner occupancy if the tenant or the
spouse of the tenant is a senior citizen, is living with a disability, or has
been a tenant in an apartment for 15 years or more, unless the landlord
provides an equivalent or superior apartment at the same or lower
rent in a nearby area (NYC Admin Code 26-511(9). In rent controlled
apartments statewide and in rent stabilized apartments outside New
York City, a landlord may not evict a senior citizen, a person living with
a disability, or any person who has been living in the apartment for 15
years or more for purposes of owner occupancy (NYC Admin. Code §
26-408(b) (1)).
Reminder:
When facing eviction, it is often a good idea to consult
an attorney. There are many free legal service providers
across New York State that can represent tenants who qualify
for their services. Check lawhelp.org. The Office of the
Attorney General cannot provide direct legal advice.

Habitability and Repairs
Warranty of Habitability
Under the warranty of habitability, tenants have the right to a livable,
safe and sanitary apartment, a right that is implied in every written
or oral residential lease. Any lease provision that waives this right is
contrary to public policy and is therefore void. Examples of a breach
of this warranty include the failure to provide heat or hot water on a
regular basis, or the failure to rid an apartment of an insect infestation.
Public areas of the building are also covered by the warranty of habit-
ability. Owners of cooperative apartments can raise the warranty
of habitability but not owners of condominiums. Tenants and sub-
tenants in cooperatives and condominiums can raise the warranty of
habitability.
Any uninhabitable condition caused by the tenant or persons under

the tenant’s direction or control does not constitute a breach of the
warranty of habitability. In such a case, it is the tenant’s responsibility to
remedy the condition (Real Property Law §235-b).

Seeking Rent Reduction
If a landlord breaches the warranty of habitability, the tenant may sue
for a rent reduction. Alternatively, rent regulated tenants can also file
a rent reduction complaint with DHCR. Before filing such a complaint
with DHCR for breach of the warranty, the tenant must communicate in
writing with the landlord about the problem. A complaint may only be
filed with DHCR not less than 10 days and not more than 60 days from
the date the tenant sent a notice to the landlord. The tenant may also
withhold rent, but in response, the landlord may sue the tenant for non-
payment of rent. In such case, the tenant may countersue for breach of
the warranty.
The court or DHCR may grant a rent reduction if it finds that the
landlord violated the warranty of habitability. The reduction is
computed by subtracting from the actual rent the estimated value of
the apartment without the essential services. For a tenant to receive a
reduction, the landlord must have actual or constructive notice of the
existence of the defective condition.
A landlord’s liability for damages is limited when the failure to provide

services is the result of a union-wide building workers’ strike. However,
a court may award damages to a tenant equal to a share of the land-
lord’s net savings because of the strike. Landlords will be liable for lack
of services caused by a strike when they have not made a good faith
attempt, where practicable, to provide services.
In extenuating circumstances, tenants may make necessary repairs

and deduct reasonable repair costs from the rent. For example, when
a landlord has been notified that a door lock is broken and willfully
neglects to repair it, the tenant may hire a locksmith and deduct the
cost from the rent. Tenants should keep receipts for such repairs and
copies of all communications with the landlord about the repairs.
Habitability and Repairs 39

If an apartment becomes uninhabitable due to fire or other damage
not caused by the tenant, and the lease does not expressly provide
otherwise, the tenant may vacate the apartment and cancel the
lease. The tenant will not be liable for subsequent rental payments.
The landlord shall be responsible to refund any rent paid in advance
as well as any rent security held by the landlord (Real Property Law §
227). Rent stabilized and rent controlled tenants may apply to DHCR to
have an order issued reducing their rent obligation to $1 to maintain a
possessory interest in the apartment until it become habitable again.
If only a portion of the apartment is damaged, the rent maybe reduced

pursuant to a court order or by DHCR in proportion to the part of the
apartment that is damaged. The landlord must then repair those
portions of the apartment and return them to livable condition.
Landlord’s Duty of Repair

Landlords of multiple dwellings must keep the apartments and
the building’s public areas in “good repair” and clean and free of
vermin, garbage, or other offensive material. Landlords are required
to maintain electrical, plumbing, sanitary, heating, and ventilating
systems, and appliances that the landlord installed (such as
refrigerators and stoves) in good and safe working order. All repairs
must be made within a reasonable time that may vary depending upon
the severity of the repairs. In New York City, the landlord is required to
maintain the public areas in a clean and sanitary condition
(NYC Admin. Code§ 27-2011). Tenants should bring complaints to the
attention of their local housing officials (Multiple Dwelling Law §78
and §80; Multiple Residence Law §174.) The Multiple Dwelling Law
applies to cities with a population of 325,000 or more and the Multiple
Residence Law applies to cities with less than 325,000 and to all towns
and villages.

Lead-Based Paint
In New York, landlords should maintain their properties to reduce the
likelihood that young children will be exposed to dangerous lead-based
paint. Although limits on the level of lead in paint used in homes were
imposed by New York City in 1960, by New York State in 1970, and by the
federal Consumer Product Safety Commission in 1978, paint with lead
levels higher than those limits remains on the walls and other surfaces
of many apartments and homes built before those limits were imposed.
Federal law requires landlords to disclose known information about
lead-based paint or lead-based paint hazards before a lease becomes
effective and all leases must include a warning statement about
lead-based paint for all properties built prior to 1978. Federal law also
mandates that landlords give a pamphlet to their tenants about how
to protect themselves from possible lead exposure in their homes.
In performing any work that disturbs lead-based paint in applicable

apartments and common areas, a landlord must hire workers who
have completed a training course in lead-safe work practices.
In New York City, landlords must also comply with the New York City
Childhood Lead Poisoning Prevention Act, which requires that landlords
of buildings with at least 3 apartments constructed before 1960 (or
between 1960 and 1978 where the landlord knows there is lead-based
paint) ascertain if a child under seven years old lives in an apartment
and inspect that apartment for lead-based paint hazards.
Landlords must remove or permanently cover apartment walls and

other areas where there is peeling paint or there is friction or impacts
that expose the lead and generate lead dust and keep records of
all notices, inspections, and repair of lead-based paint hazards and
other matters related to lead-based paint law. Landlords are also
required to provide their tenants with a pamphlet prepared by the NYC
Department of Health and Mental Hygiene and the NYC Department of
Housing Preservation and Development (HPD).

In the City of Rochester, landlords must comply with Rochester’s
Lead-Based Paint Poisoning Prevention Ordinance, which requires
landlords to conduct a visual inspection of their properties for
deteriorating paint as part of their Certificate of Occupancy inspection.
In addition, apartments in high-risk areas must also have samples of
settled dust tested for lead.
In the City of Buffalo, landlords are required to maintain their properties

and take actions to prevent conditions that are conducive to lead
poisoning and correct lead hazards using safe work practices
(42 U.S.C.A § 4851; NYC Admin. Code § 27-2056.3; Property
Conservation Code of the City of Rochester § 90-50 et seq., Erie County
Sanitary Code Article IX).
Landlords of multiple dwellings must keep the apartments

and the building’s public areas in “good repair” and clean
and free of vermin, garbage, or other offensive material.
All repairs must be made within a reasonable time that

may vary depending upon the severity of the repairs

Safety
Smoke Detectors
Landlords of multiple dwellings must install approved smoke detectors
in each apartment, within ten feet of each room used for sleeping.
Each smoke detecting device shall include a test device to allow a
tenant to ensure that the device is functioning properly. Tenants
should test their detectors frequently to make sure they work properly.
Smoke detectors should be clearly audible in each of those rooms.
Tenants may be asked to reimburse the owner up to $10 for the cost of
purchasing and installing each battery-operated detector. During the
first year of use, landlords must repair or replace any broken detector
if its malfunction is not the tenant’s fault (Multiple Residence Law § 15;
Multiple Dwelling Law § 68; NYC Admin. Code § 27-2045). Tenants
are responsible for keeping fresh batteries in the smoke detector.

Carbon Monoxide Detectors
Landlords of all multiple dwellings, including those owned as a
condominium or cooperative, used as a residence, and one-and two-
family homes in New York City must provide and install an approved
carbon monoxide alarm within 15 feet of the primary entrance to each
sleeping room. All multiple dwellings must contain carbon monoxide
detectors in accordance with local building codes
(NYC Admin. Code 27-§ 2045; Exec. Law §378).
New York City landlords must post an HPD-approved form in a

common area informing occupants of the requirements of New York
City’s carbon monoxide laws. Tenants are responsible for reimbursing
the landlord $25.00 within one year for each carbon monoxide alarm
that is newly installed. Tenants are responsible for keeping and
maintaining the carbon monoxide alarm in good repair. Landlords are
responsible for replacing any detectors that are lost, stolen, or become
inoperable within the first year of use. (NYC Admin. Code § 27-2045).
Combination smoke/carbon monoxide detectors are permitted.

A landlord is entitled to be reimbursed a maximum of $50.00 for
such combination detectors only when the smoke alarm needs
to be replaced. If the smoke alarm is operable and the landlord
wishes to replace it with a combined alarm, the landlord can only
be reimbursed $25.00. Tenants are responsible for keeping fresh
batteries in the carbon monoxide detector.
Safety 45
Crime Prevention
Landlords are required to take minimal precautions to protect against
reasonably foreseeable criminal harm. For example, tenants who are
victims of crimes in their building or apartment, and who are able to
prove that the criminal was an intruder and took advantage of the fact
that the entrance to the building was negligently maintained by the
landlord, may be able to recover damages from the landlord.
Entrance Door Locks and Intercoms

Multiple dwellings which were built or converted to such use after
January 1, 1968 must have automatic self-closing and self-locking doors
at all entrances. These doors must be kept locked at all times, except
when an attendant is on duty. If this type of building contains eight or
more apartments it must also have a two-way voice intercom system
from each apartment to the front door and tenants must be able to
“buzz” open the entrance door for visitors.
Multiple dwellings built or converted to such use prior to January 1, 1968

also must have self-locking doors and a two-way intercom system if
requested by a majority of all the apartments. Landlords may recover
the cost of providing this equipment from tenants (Multiple Dwelling
Law § 50-a).
Entrances, stairways and yards of multiple dwellings must be

sufficiently lit at night, from sunset to sunrise. The owner is responsible
for installing and maintaining lighting in these areas (NYC Admin.
Code § 27-2040; Multiple Dwelling Law § 35; Multiple Residence Law
§ 109).

Lobby Attendant Service
Tenants of multiple dwellings with eight or more apartments are
entitled to maintain a lobby attendant service for their safety and
security at their own expense, whenever any attendant provided by the
landlord is not on duty (Multiple Dwelling Law § 50-c).
Elevator Mirrors
There must be a mirror in each self-service elevator in multiple
dwellings so that people may see, prior to entering, if anyone is already
in the elevator (Multiple Dwelling Law §51-b; NYC Admin. Code § 27-
2042).
Safety 47
Individual Locks, Peepholes and Mailboxes
Tenants in multiple dwellings can install and maintain their own
locks on their apartment entrance doors in addition to the lock
supplied by the landlord. The lock may be no more than three
inches in circumference, and tenants must provide their landlord
with a duplicate key upon request. Failure to provide the landlord
with a duplicate key if requested can be construed as a violation
of a substantial obligation of the tenancy and can lead to eviction
proceedings. Any lease provision requiring a tenant to pay additional
rent or other charges for the installation of an additional lock is void
as against public policy and unenforceable (Multiple Dwelling Law §
51-c).
The landlord must provide a peephole in the entrance door of each

apartment. Landlords of multiple dwellings in New York City must also
install a chain-door guard on the entrance door to each apartment,
to permit partial opening of the door (Multiple Dwelling Law § 51-a;
NYC Admin. Code § 27-2043).
United States Postal regulations require landlords of buildings

containing three or more apartments to provide secure mail boxes for
each apartment unless the management has arranged to distribute
the mail to each apartment. Landlords must keep the mail boxes and
locks in good repair.

Window Guards
Landlords in New York City must install window guards at the request
of a tenant and in any apartment in which a child under the age of ten
resides, whether requested or not.
Landlords are required to provide tenants with a form stating whether

there are children residing in a household and to request installation
of window guards. Tenants are required to notify their landlord when
they have children of this age living in their apartment, or if they
provide child care services in the apartment. Tenants may not refuse
installation. Once window guards are installed, the tenant must not
take down, make alterations to, or remove any part of the guard.
Landlords in New York City must install Department of Health and
Mental Hygiene-approved window guards. If an object more than five
inches in diameter can fit through, over or under a window guard,
then it is not installed properly. All approved window guards have a
manufacturer’s approval number imprinted on a vertical stile of the
guard, and must be appropriate for the type of window in which they
are being installed (NYC Health Code § 131.15; NYC Admin. Code §
27-2043.1).
Windows giving access to fire escapes are excluded. Protective

guards must also be installed on the windows of all public hallways.
Landlords must give tenants an annual notice about their rights to
window guards and must provide this information in a lease rider. Rent
controlled and stabilized tenants may be charged up to $10 per window
guard (NYC Health Code § 131.15).
Safety 49
Utility Services
Heating Season
Heat must be supplied from October 1 through May 31 to tenants in
multiple dwellings. If the outdoor temperature falls below 55°F between
the hours of six a.m. and ten p.m., each apartment must be heated to
a temperature of at least 68°F. If the outdoor temperature falls below
40°F between the hours of ten p.m. and six a.m., each apartment must
be heated to a temperature of at least 55°F. Local regulations may
require higher temperatures during these times. (Multiple Dwelling
Law § 79; Multiple Residence Law § 173; NYC Admin. Code § 27-
2029).
Truth in Heating
Before signing a lease requiring payment of individual heating and
cooling bills, prospective tenants are entitled to receive a complete set
or summary of the past two years’ bills from the landlord. These copies
must be provided free upon written request (Energy Law § 17-103).

Hot Water
Landlords must provide all tenants of multiple dwellings with both hot
and cold water. Localities can designate temperatures. In NYC, hot
water must register at or above a constant temperature of 120 degrees
at the tap. If a tub or shower is equipped with an anti-scald valve that
prevents the hot water temperature from exceeding 120 degrees, the
minimum hot water temperature for that tub or shower is 110 degrees
(Multiple Dwelling Law § 75; Multiple Residence Law § 170; NYC
Admin. Code § 27-2031).
Continuation of Utility Service

When the landlord of a multiple dwelling is delinquent in paying utility
bills, the utility must give advanced written notice to tenants and to
certain government agencies of its intent to discontinue service. Service
may not be discontinued if tenants pay the landlord’s current bill
directly to the utility company. Tenants can deduct these charges from
future rent payments.
The Public Service Commission can assist tenants with related

problems. If a landlord of a multiple dwelling fails to pay a utility bill
and service is discontinued, landlords may be liable for compensatory
and punitive damages (Real Property Law § 235-a; Public Service Law
§ 33).
Oil Payments
Tenants in oil-heated multiple dwellings may contract with an oil
dealer, and pay for oil deliveries to their building, when the landlord
fails to ensure a sufficient fuel supply. These payments are deductible
from rent. Local housing officials have lists of oil dealers who will make
fuel deliveries under these circumstances (Multiple Dwelling Law §
302-c; Multiple Residence Law § 305-c).
Utility Services 51
Tenants’ Personal Protections
Tenant Organizations
Tenants have a legal right to organize. They may form, join, and
participate in tenant organizations for the purpose of protecting their
rights. Landlords must permit tenant organizations to meet, at no
cost, in any community or social room in the building, even if the use
of the room is normally subject to a fee. Tenant organization meetings
are required to be held at reasonable times and in a peaceful manner
which does not obstruct access to the premises (Real Property Law §
230).

Retaliation
It is illegal for landlords in New York to retaliate against tenants for
participating in tenant organizations. It is also illegal for landlords
in New York to retaliate against tenants who make a good faith
complaint to them or to a government agency about violations of
health and safety laws, issues with habitability or non-repair of the
premises, violations of rights under a lease, or rent gouging.
It is presumed that a landlord is retaliating if:
• Within one year of a tenant’s complaint, the landlord

substantially alters the terms of a tenant’s rental agreement. This
includes: refusing to continue to rent to you; failing to renew a
lease after your lease has expired; or offering a new lease with an
unreasonable rent increase; or
• Within one year of making a good faith complaint, your landlord

brings an eviction case against the tenant. If the tenant informs
the court that the landlord initiated the eviction proceeding within
one year of the tenant’s good faith complaint, the law requires
that the landlord to demonstrate that the eviction isn’t retaliatory.
The eviction proceeding will be terminated if the landlord fails to
prove that the eviction was not retaliatory.
The effect of the presumption requires the landlord to establish a non-

retaliatory motive for their actions by a preponderance of the evidence.
Failure to rebut the presumption of retaliation may result in requiring
that the tenant be offered a new lease or renewal of up to a year with
only a “reasonable” increase.
Tenants may collect damages from landlords who violate this law,
which applies to all rentals except owner-occupied dwellings with fewer
than four units (Real Property Law § 223-b).
Tenants’ Personal Protections 53

Right to Privacy
Tenants have the right to privacy within their apartments. A landlord,
however, may enter a tenant’s apartment with reasonable prior notice,
and at a reasonable time, and with the tenant’s consent, either to
provide routine or agreed upon repairs or services, or in accordance
with the lease. If the tenant unreasonably withholds consent, the
landlord may seek a court order to permit entry. In an emergency, such
as a fire or water leak, the landlord may enter the apartment without
the tenant’s consent or prior notice. A landlord may not interfere with
the installation of cable television facilities (Public Service Law § 228).
Disabilities
Landlords are required to provide reasonable accommodations for
tenants with disabilities so that they may enjoy equal access to and
use of housing accommodations. A “reasonable accommodation” is a
policy or rule change that is related to a tenant’s specific disability and
does not impose extremely high costs on a landlord or cause harm or
discomfort to other tenants, such as permitting a tenant who is blind
or has a psychological disability to have a guide dog or a companion
animal, despite a building’s “no pets” policy (42 U.S.C.A § 3604(f )(3).
Additionally, a landlord may not refuse to permit, reasonable structural

modifications of existing premises occupied by a tenant with a
disability, if such modifications may be necessary to afford the tenant
full use of the premises and are undertaken at the expense of the
tenant. Such modifications may include building a ramp or installing
grab bars in the bathroom.
However, the landlord may require a tenant to agree to restore

the interior of the premises to the condition that existed before the
modification as a condition of granting permission (42 U.S.C.A.
§3604(f ) (3)).

Tenants with disabilities who need accommodations should notify
their landlord and request the necessary accommodations. Though
such a request is not required to be in writing, it is often helpful should
any dispute arise. A landlord may request documentation from a
health care professional attesting to the disability and describing any
functional limitations that arise. A tenant with a disability who thinks
a landlord has unreasonably refused a reasonable accommodation
request should contact the U.S. Department of Housing and Urban
Development (HUD).
Discrimination
Landlords may not refuse to rent to, renew the lease of, or otherwise
discriminate against, any person or group of persons because of
race, creed, color, national origin, sex, disability, age, AIDS or HIV
status, alcoholism, marital status or familial status. In New York City,
tenants are further protected against discrimination with respect
to lawful occupation, sexual orientation, partnership status, and
immigration status. Further, New York State landlords are prohibited
from discriminating against tenants based on lawful source of income,
which includes income from social security or any form of federal, state,
or local public assistance including Section 8 vouchers (Executive Law
§ 296(5); NYC Admin. Code § 8-107).
Landlords may not discriminate against any person who has children
living with them by refusing to rent an apartment or by insisting upon
unfavorable lease terms because the person has children. In addition,
a landlord may not require that tenants remain childless during their
tenancy. These restrictions do not apply to housing units for senior
citizens that are subsidized or insured by the federal government. In
addition, a lease may not require that tenants remain childless during
their tenancy (Real Property Law §237; Real Property Law §237-a).

An aggrieved party should contact HUD within one year from the alleged
discriminatory housing practice occurs or ceases. In New York City,
an aggrieved party may file a complaint with the NYC Commission on
Human Rights within one year from the date on which the discriminatory
act occurred. An aggrieved party may also choose to sue for damages
against a landlord who violates this law and may recover attorney’s fees
if successful (NYC Admin. Code § 8-109; 42 U.S.C.A.§3610(a) (1).
Harassment
A landlord is prohibited from any action intended to force a tenant out
of an apartment or to compel a tenant to give up any rights granted the
tenant by law. No landlord, or any party acting on the landlord’s behalf,
may interfere with the tenant’s privacy, comfort, or quiet enjoyment of
the apartment. Harassment may take the form of physical or verbal
abuse, willful denial of services, disruptive construction or renovation
projects that interfere with health, safety, and use of an apartment, or
multiple instances of frivolous litigation. If a landlord lies or deliberately
misrepresents the law to a tenant, this may also constitute harassment.
Severe harassing conduct may constitute unlawful eviction and
landlords may be subject to both civil and criminal penalties, in the form
of a class A misdemeanor for harassment under Real Property Law §
768.
Rent regulated tenants who feel they have been victimized by

harassment should contact DHCR. In NYC, Landlords found guilty of
harassment are subject to fines of up to $2,000 for the first offense and
up to $10,000 for each subsequent offense. Under certain circumstances,
harassment of a rent regulated tenant may constitute a class E felony
(Penal Law§ 241.05; NYC Admin Code §§ 27-2004, 27-2005).
New York City tenants have additional recourse against harassment.

Tenants may bring a claim in housing court and the court may issue
restraining orders against landlords if violations have been found (NYC
Admin Code § 27-2115).

Pets
Tenants may keep pets in their apartments unless their lease
specifically prohibits it. Landlords may be able to evict tenants who
violate a lease provision prohibiting pets. In multiple dwellings in New
York City and Westchester County, a no-pet lease clause is deemed
waived where a tenant “openly and notoriously” keeps a pet for at
least three months and the owner of the building or the owner’s agent
had knowledge of this fact. However, this protection does not apply to
public housing or where the animal causes damage, is a nuisance, or
substantially interferes with other tenants (NYC Admin. Code§ 27-
2009.1(b); Westchester County Laws, Chapter 695.11).
Tenants who are blind or deaf are permitted to have guide dogs
or service dogs regardless of a no-pet clause in their lease. Also,
tenants with a chronic mental illness are permitted to have emotional
assistance animals (NY Civil Rights Law § 47-b).
Tenants may keep pets in their apartments

unless their lease specifically prohibits it.
Landlords may be able to evict tenants who
violate a lease provision prohibiting pets.

Manufactured and Mobile Homes
Limiting Rent Increases
In most cases, rent increases including the lot rent and any fees or
utilities, are limited to 3%, but park owners can raise the rent by up to
6% if the increase is determined to be “justifiable.” If the park owner
asks for a rent increase that is more than 3%, renters can challenge
the increase in court. The judge will determine whether the increase is
justifiable.
All manufactured home park leases must include a rider regarding

tenant rights.

Rent-to-Own Protections
Anyone entering into a rent-to-own agreement with a manufactured
home park owner must be provided with a contract that clearly
describes:
• The terms of the contract;
• All fees, rent, or other charges due during the life of the contract;
• The fair market value of the manufactured home; and
• The responsibility of the manufactured home park owner to cover

major repairs and improvements during the rental period.
Every rent-to-own contract must state that until the title to the property
is transferred, the tenant is occupying a rented home. It must also state
that until that time, the park owner is responsible for keeping the home
in habitable condition; making all major repairs and improvements;
and keeping it free from conditions that would be dangerous to the
tenant’s health and safety.
Once a year, rent to own tenants are entitled to an itemized account of

all payments made in relation to the rent-to-own contract. If the lease is
terminated by the park owner, the owner must pay back all payments
made pursuant to the rent-to-own contract.
Restrictions on Fees
Manufactured home park owners can collect late charges on
rent payments only if a late charge provision exists in the lease or
manufactured home park rules, but late charges cannot be collected
on rent payments received within 10 days of the due date. Late charges
cannot be compounded and are not considered to be additional rent.
A manufactured home park owner cannot demand that a tenant pay

attorneys’ fees unless they are awarded those fees by a court order.
Manufactured and Mobile Homes 59

Notice of Changes of Use
If a park owner wants their current residents to leave because they are
changing the manufactured home park to another use, the park owner
cannot begin eviction proceedings until two years after they provide
notice that they intend to change the use of the park.
If the resident owns their manufactured home and the park owner
wants them to leave because they intend to change the use of the
land, they must pay the resident a stipend of up to $15,000 in order to
compensate them for the cost of moving the home.
If you believe a manufactured home park owner is not following the

law, you may contact the New York State Department of Homes
and Community Renewal (hcr.ny.gov). The Manufactured Homes
Complaint Program Hotline is (800) 432-4210.

Once a year, rent to own tenants are entitled
to an itemized account of all payments made
in relation to the rent-to-own contract. If the lease
is terminated by the park owner, the owner must pay
back all of the rent-to-own payments that were made.
Manufactured and Mobile Homes 61

Finding an Apartment
Real Estate Brokers
A consumer may retain a real estate broker to find a suitable
apartment. New York State licenses real estate brokers and
salespersons. Brokers charge a commission for their services, which is
usually a stated percentage of the first year’s rent. The amount of the
commission is not set by law and should be negotiated between the
parties. The broker must assist the client in finding and obtaining an
apartment before a commission may be charged. The fee should not
be paid until the client is offered a lease signed by the landlord.
Under the Rent Stabilization Code, a broker’s commission may be

considered “rent” in excess of legal rent when there is too close of a
business or financial connection between the broker and the landlord
(9 NYCRR § 2525.1). Complaints against real estate brokers should
be directed to the New York Department of State (Real Property Law,
§442-e).
Apartment Information and Sharing Agencies

Apartment listing services that charge a fee for providing information
about the location and availability of apartments and rooms for rent
must be licensed by the state (Real Property Law § 446-b). The fees
charged by these firms may not exceed one month’s rent and must be

deposited in an escrow account. When the information provided by
the firms does not result in a rental, the entire amount of any pre-paid
fee, less $15.00, must be returned to the prospective tenant. Criminal
prosecution for violations of this law may be brought by the Attorney
General (Real Property Law § 446-h).
Fees
Before signing a lease, the most a landlord can charge for a credit and
background check is $20. The landlord must provide the applicant
a copy of the credit or background check, as well as an invoice
from the company that performed it. A landlord is prohibited from
charging an applicant for a credit or background check if they fail to
provide the applicant with a copy. The applicant can provide their
own background or credit check to avoid any fees, as long as the
background or credit check was performed within the past 30 days.
Key Money: It is illegal to charge a prospective tenant additional fees–

commonly called “key money”– above the lawful rent and security
deposit, for preference in renting a vacant apartment. Key money is not
to be confused with fees that may be legally charged by a licensed real
estate broker (Penal Law § 180.55).
Tenant Screening Reports or “Tenant Blacklists”

A landlord cannot deny a tenant applicant an apartment, rental
home, or any other type of rental based on a past legal conflict with
a landlord. For example, a landlord cannot deny an applicant an
apartment because they sued their previous landlord to make repairs.
If a landlord rejects your application after using a tenant screening

service report containing prior tenant-landlord cases or relies on review
of those records themselves, the law assumes that you were rejected
because of this history. You may complain to the Attorney General’s
office and the landlord may have to pay a fine between $500-$1,000.00
to the State if they cannot give a good reason for denying you.
(Real Property Law (“RPL”) § 227-f.).
Finding an Apartment 63
Resources
Office of the New York Attorney General
Hotline: Albany New York City
(800) 771-7755 The Capitol 28 Liberty Street
Albany, NY 12224 New York, NY 10005
Hearing/Voice Impaired: (518) 776-2000 (212) 416-8300
(800) 416-8300
ag.ny.gov
NYS Divisions of Homes and Community Renewal (DHCR)

hcr.ny.gov
General information: [email protected]
Rent Administration: (833) 499-0343
Fair and Equitable Housing Office

518-473-3089
Tenant Protection Unit

[email protected]
Executive Offices Albany New York City

Hampton Plaza 25 Beaver Street,
38-40 State St. 5th Floor
Albany, NY 12207 New York, NY 10004

OAG Regional Offices
Binghamton Poughkeepsie
State Office Building One Civic Center Pl.,
44 Hawley St, 17 Fl. Suite 401
Binghamton, NY 13901 Poughkeepsie, NY 12601
(607) 251-2770 (845) 485-3900
Brooklyn Rochester
55 Hanson Place, STE 1080 144 Exchange Blvd.
Brooklyn, NY 11217-1523 Rochester, NY 14614
(718) 560-2040 (585) 546-7430
Buffalo Suffolk
Main Place Tower, STE 300A 300 Motor Parkway
350 Main St Hauppauge, NY 11788
Buffalo, New York 14202 (631) 231-2424
(716) 853-8400
Syracuse
Harlem 300 South State Street, Suite 300
163 West 125th St Syracuse, NY 13202
New York, NY 10027 (315) 448-4800
(212) 364-6010
Utica
Nassau 207 Genesee St, Rm. 508
200 Old Country Rd Utica, NY 13501
Suite 240 (315) 864-2000
Mineola, NY 11501
(516) 248-3302 Watertown
317 Washington St
Plattsburgh Watertown, NY 13601
43 Durkee Street, STE 700 (315) 523-6080
Plattsburgh, NY 12901
(518) 562-3288 Westchester
44 South Broadway
White Plains, NY 10601
(914) 422-8755
Resources 65
Rent Administration Borough and District Offices
Rent Administration Headquarters
Bronx Brooklyn
1 Fordham Plaza, 4th Floor 55 Hanson Place, 6th Floor
Bronx, NY 10458 Brooklyn, NY 11217
(718) 430-0880 (718) 722-4778
Lower Manhattan Upper Manhattan

South side of 110th Street North side of 110th Street and above
and below Adam Clayton Powell Jr.
25 Beaver Street, 5th Floor State Office Building
New York, NY 10004 163 West 125th Street, 5th floor
(212) 480-6238 New York, NY 10027
(212) 961-8930
Queens Westchester County

Gertz Plaza 75 South Broadway, 3rd Fl
92-31 Union Hall Street, 6th Floor White Plains, NY 10601
Jamaica, NY 11433 (914) 948-4434
(718) 482-4041
New York City Rent Guidelines Board

1 Centre Street, Suite 2210
New York, NY 10007
Dial 311 or (212) 639-9675 if calling from outside of New York City
rentguidelinesboard.cityofnewyork.us

New York State Public Service Commission
3 Empire State Plaza
Albany, NY 12223
dps.ny.gov
Gas, Electric Shutoff:

(800) 342-3355
Service and billing concerning Gas, Electric, Phone, Cable:

(800) 342-3377
Consumers with hearing or speech impairment can contact the

Department of Public Service through the NYS Relay Service by
dialing 711.
New York State Department of State

Real Estate Brokers, Agents, Apartment Information Vendors,
Listing Services
New York City

123 William Street
New York, NY 10038-3804
Albany - Physical Address Albany - Mailing Address

One Commerce Plaza Division of Licensing Services
99 Washington Avenue P.O. Box 22001
Albany, NY 12231-0001 Albany, NY 12201-2001
(518) 474-4429
dos.ny.gov
New York State Division of Human Rights

One Fordham Plaza, 4th Floor
Bronx, NY 10458
(888) 392-3644
dhr.ny.gov
Resources 67
New York City Commission on Human Rights
(212) 416-0197
www1.nyc.gov/site/cchr/index.page
Community Service Centers

Manhattan Bronx Staten Island
(212) 306-7450 (718) 579-6900 (718) 390-8506
Brooklyn Queens
(718) 722-3130 (718) 657-2465
New York City Loft Board

280 Broadway 5th Floor
New York, NY 10007
(212) 393-2616
www1.nyc.gov/site/loftboard/index.page
U.S. Department of Housing and Urban Development (HUD)

New York Regional Office
Jacob K. Javits Federal Office
26 Federal Plaza, Suite 3541
New York, NY 10278-0068
(212) 264-8000 / TTY (212) 264-0927
hud.gov
Albany Office Buffalo Office (covers Upstate New York)

52 Corporate Circle Lafayette Court
Albany, NY 12203-5121 465 Main Street, 2nd Floor
(518) 862-2801 Buffalo, NY 14203-1780
(716) 551-5755 / TTY (716) 551-5787

New York City Housing Authority
250 Broadway
New York, NY 10007
(212) 306-3000
nyc.gov/nycha
Customer Contact Center (CCC)

(718) 707-7771
Customer Contact Center Walk-In Locations

Bronx/Manhattan/Queens
478 East Fordham Road (1 Fordham Plaza), 2nd Floor
Bronx, NY 10458
Monday-Friday, 8am - 5pm
Brooklyn/Staten Island/Queens
787 Atlantic Avenue, 2nd Floor
Brooklyn, NY 11238
Monday-Friday, 8am - 5pm
New York City Housing Preservation

and Development (HPD)
100 Gold Street
New York, NY 10038
Dial: 311
nyc.gov/html/hpd
Resources 69
Off ice of the
New York State
Attorney General
Letitia James
ag.ny.gov (800) 771-7755

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Residential

To find out whether an apartment is regulated,

6 Residental Tenant’s Rights Guide

For an apartment to be under rent control, the tenant or the tenant’s

• An apartment that is not otherwise rent controlled in a building

• A formerly rent controlled apartments that became vacant

• In a building with three or more apartments constructed or

8 Residential Tenant’s Rights Guide

Public Housing is a federally funded program in which state-chartered

The Section 8 Housing Assistance Payments program is a federal rent

Special Types of Housing

• Manufactured and mobile home parks’ owners and tenants

• New York City loft owners and tenants are governed by

• New York City residential hotel owners and tenants are

At a minimum, leases should identify the premises, specify the names

10 Residential Tenant’s Rights Guide

The following lease provisions are not allowed :

• Exempting landlords from liability for injuries to persons or

• Waiving the tenant’s right to a jury trial in any lawsuit brought by

• Requiring tenants to pledge their household furniture as security

• Exempting landlords from mitigating the damages of a tenant

• Waiving the Warranty of Habitability (Real Property Law § 235-b);

• Restricting a tenant from living with their immediate family

Non-Rent Regulated Lease Renewals

A lease may contain an automatic renewal clause. In such case, the

• If you have lived in your apartment two or more years, or if you

12 Residential Tenant’s Rights Guide

A month-to-month tenancy may be terminated by either party. If the

Landlords do not need to explain why the tenancy is being terminated,

14 Residential Tenant’s Rights Guide

16 Residential Tenant’s Rights Guide

Rent Increases for Non-Regulated Apartments

Rent Increases for Regulated Apartments

Landlords are no longer permitted to increase rent in a rent-regulated

Additionally, in most cases landlords are no longer allowed to take an

18 Residential Tenant’s Rights Guide

Major Capital Improvements (MCIs)

MCI increases cannot be added to your rent if there are any

• In buildings that contain more than 35 apartments, the landlord

• In buildings that contain 35 apartments or less, the landlord may

For occupied units, the tenant’s written consent must be on a DHCR

The landlord must use licensed contractors not affiliated by common

A landlord also may increase the rent because of hardship or increased

20 Residential Tenant’s Rights Guide

Rent Increases for Rent Controlled Tenants

Now, a landlord is limited to increasing a rent-controlled tenant’s rent

Landlords may no longer charge fuel costs to rent-controlled tenants.

If you believe your landlord is not following the law related to

Generally, the penalty for a rent overcharge is the amount an owner

22 Residential Tenant’s Rights Guide

Landlords of buildings with six or more apartments must put all

For example: A tenant pays a security deposit of $1,000. The landlord

A landlord may use the security deposit as a reimbursement for any

Note: Currently, these laws only apply to tenants in non-rent

24 Residential Tenant’s Rights Guide

Purchasers of rent stabilized buildings are directly responsible to

Purchasers of rent controlled buildings or buildings containing six

When problems arise regarding security deposits, tenants should first

If the building is sold, the landlord must transfer