NYC Rental Facts Reference (2026)

Section 1 — Rent Stabilization Limits (2025–2026)

Rent stabilization is the largest tenant-protection program in NYC. The following facts reflect the Rent Guidelines Board order in effect for leases beginning between October 1, 2025 and September 30, 2026.

Fact rent-stabilization-1

The NYC Rent Guidelines Board (RGB) sets the maximum annual rent increase for rent-stabilized apartments in New York City.

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For rent-stabilized leases beginning October 1, 2025 through September 30, 2026, the maximum increase is 3% for a 1-year lease (RGB Order #57).

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For rent-stabilized leases beginning October 1, 2025 through September 30, 2026, the maximum increase is 4. 5% for a 2-year lease (RGB Order #57).

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For rent-stabilized leases beginning October 1, 2026 through September 30, 2027, the maximum increase is 0% for a 1-year lease (RGB Order #58).

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For rent-stabilized leases beginning October 1, 2026 through September 30, 2027, the maximum increase is 0% for a 2-year lease (RGB Order #58).

Fact rent-stabilization-6

In 2023, 996,600 NYC apartments were rent stabilized, 41% of the city's rental units (2023 NYC Housing and Vacancy Survey (NYC HPD and U. S. Census Bureau, initial findings released February 2024)).

Fact rent-stabilization-7

Buildings with six or more residential units built before January 1, 1974 are generally rent stabilized in New York City.

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Buildings built after 1974 can also be rent stabilized if they received 421-a or J-51 tax abatements.

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Rent stabilization status is recorded with the New York State Division of Housing and Community Renewal (DHCR).

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Tenants of rent-stabilized apartments have a statutory right to renew their lease, subject to narrow exceptions.

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Landlords of rent-stabilized apartments must offer renewal leases 90 to 150 days before the current lease expires.

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The 2019 Housing Stability and Tenant Protection Act (HSTPA) ended vacancy decontrol of rent-stabilized apartments.

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Before the 2019 HSTPA, apartments could be permanently deregulated when the rent exceeded a high-rent threshold; this mechanism was eliminated.

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Preferential rent is a rent lower than the legal regulated rent that a landlord agrees to charge a tenant.

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Under the 2019 HSTPA, preferential rent is locked in for the duration of a tenant's tenancy and cannot be raised to the legal rent at renewal.

Fact rent-stabilization-16

Individual Apartment Improvement (IAI) rent increases are capped at $15,000 of improvements over a 15-year period under the 2019 HSTPA.

Fact rent-stabilization-17

Major Capital Improvement (MCI) rent increases are capped at 2% per year under the 2019 HSTPA, down from 6% previously.

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MCI increases must be amortized over 12 years for buildings with 35 or fewer units and 12. 5 years for buildings with more than 35 units.

Fact rent-stabilization-19

Rent overcharge claims can be brought for up to six years of overcharges under the 2019 HSTPA.

Fact rent-stabilization-20

DHCR issues an official rent history showing every registered rent for a stabilized apartment since 1984.

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Tenants can request a free DHCR rent history for their apartment at hcr. ny.gov or by mail.

Fact rent-stabilization-22

Succession rights allow certain family members who have lived in a rent-stabilized apartment for at least two years to take over the lease when the named tenant leaves or dies.

Fact rent-stabilization-23

The Rent Guidelines Board holds public hearings each spring and issues its annual order in June, effective October 1.

Fact rent-stabilization-24

Rent control is a separate and older program from rent stabilization that applies to tenants who have continuously occupied the same apartment since before July 1, 1971.

Fact rent-stabilization-25

The Emergency Tenant Protection Act (ETPA) of 1974 is the state statute that authorizes rent stabilization in New York City and certain other municipalities.

Section 2 — Security Deposits

The facts below come from New York General Obligations Law §§ 7-103, 7-105, 7-107 and 7-108 (statute text on nysenate.gov) and the NY Attorney General's tenant guides, checked September 14, 2026.

Fact security-deposits-1

A security deposit or advance for a New York rental may not exceed one month's rent (General Obligations Law § 7-108(1-a)(a); § 7-107 for rent-stabilized apartments); the 2019 Housing Stability and Tenant Protection Act (HSTPA) applied this limit to all residential rentals, with a few exceptions (NY Attorney General, Changes in New York State Rent Law).

Fact security-deposits-2

The one-month limit covers market-rate apartments under § 7-108 and rent-stabilized apartments under § 7-107; § 7-108 allows exceptions for seasonal-use units and owner-occupied cooperative apartments, and its deposit rules exclude rent-controlled units.

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Because of the one-month limit, a landlord cannot ask for both last month's rent and a security deposit (NY Attorney General, Residential Tenants' Rights Guide).

Fact security-deposits-4

Within 14 days after a tenant moves out, the landlord must give the tenant an itemized statement of any amount kept and return the rest of the deposit (General Obligations Law § 7-108(1-a)(e)).

Fact security-deposits-5

For rent-stabilized apartments, the same 14-day rule applies to leases and renewals entered into on or after November 15, 2025 (General Obligations Law § 7-107, as amended by Chapter 436 of the Laws of 2025).

Fact security-deposits-6

A landlord who misses the 14-day deadline for the statement and the deposit forfeits any right to keep any part of the deposit (General Obligations Law § 7-108(1-a)(e)).

Fact security-deposits-7

A landlord may keep only reasonable, itemized costs for unpaid rent, damage beyond normal wear and tear, unpaid utility charges payable to the landlord under the lease, and moving and storing the tenant's belongings (General Obligations Law § 7-108(1-a)(b)).

Fact security-deposits-8

A landlord may not keep any part of the deposit for ordinary wear and tear or for damage caused by a prior tenant (General Obligations Law § 7-108(1-a)(b)).

Fact security-deposits-9

After the lease is signed and before the tenant moves in, the landlord must offer the tenant an inspection of the apartment with the landlord or its agent (General Obligations Law § 7-108(1-a)(c)).

Fact security-deposits-10

Once either side gives notice to end the tenancy, the landlord must tell the tenant in writing that they can request an inspection before moving out and be present for it, unless the tenant gave less than two weeks' notice (General Obligations Law § 7-108(1-a)(d)).

Fact security-deposits-11

A requested move-out inspection must take place no earlier than two weeks and no later than one week before the tenancy ends, with at least 48 hours' written notice of the date and time (General Obligations Law § 7-108(1-a)(d)).

Fact security-deposits-12

After the move-out inspection, the landlord must give the tenant an itemized statement of the repairs or cleaning proposed as deductions, and the tenant can fix those conditions before the tenancy ends (General Obligations Law § 7-108(1-a)(d)).

Fact security-deposits-13

In a dispute over the amount kept, the landlord bears the burden of proving it was reasonable (General Obligations Law § 7-108(1-a)(f)).

Fact security-deposits-14

A landlord who willfully violates these deposit rules is liable for punitive damages of up to twice the deposit, on top of actual damages (General Obligations Law § 7-108(1-a)(g)).

Fact security-deposits-15

Every landlord must hold deposits in trust and may not mix them with its own money, whatever the size of the building (General Obligations Law § 7-103(1)).

Fact security-deposits-16

In a building with six or more apartments, the landlord must keep deposits in an interest-bearing account at a bank in New York State and tell each tenant in writing the bank's name and address and the amount deposited (General Obligations Law § 7-103(2), (2-a)).

Fact security-deposits-17

From the interest on that account, the landlord may keep 1% of the deposit per year for administrative expenses; the rest of the interest belongs to the tenant (General Obligations Law § 7-103(2); NY Attorney General, Residential Tenants' Rights Guide).

Fact security-deposits-18

When a building is sold, the landlord must turn tenants' deposits over to the new owner when the deed is delivered or within five days after, and notify the tenants by registered or certified mail (General Obligations Law § 7-105(1)).

Section 3 — Application Fees, Broker Fees, and Other Charges

Rental fees in NYC are tightly regulated. The following facts come from New York Real Property Law § 238-a (statute text on nysenate.gov, revision of October 17, 2025) and NYC's FARE Act, Local Law 119 of 2024 (NYC Council legislation file Int 0360-2024; NYC Department of Consumer and Worker Protection FARE Act FAQ, updated June 2, 2026), both checked September 14, 2026.

Fact fees-1

Rental application fees in New York State are capped at $20: under Real Property Law § 238-a, as amended by the 2019 Housing Stability and Tenant Protection Act, a landlord may charge only for a background check and credit check, up to their actual cost or $20, whichever is less.

Fact fees-2

The $20 cap applies to the combined cost of any background check and credit check performed by the landlord or their agent.

Fact fees-3

A landlord may not collect the background or credit check fee unless it gives the applicant a copy of the check and the receipt or invoice from the company that ran it.

Fact fees-4

A landlord must waive the background or credit check fee if the applicant provides a copy of a background check or credit check conducted within the past 30 days.

Fact fees-5

The Fairness in Apartment Rental Expenses (FARE) Act passed the NYC Council on November 13, 2024 and became law without the Mayor's signature on December 13, 2024, as Local Law 119 of 2024.

Fact fees-6

Under the FARE Act, a landlord's agent, including the listing agent, may not charge a prospective tenant a broker fee, and an agent who publishes a rental listing is presumed to be acting for the landlord.

Fact fees-7

Under the FARE Act, no one can require a tenant to hire a broker to rent an apartment; a tenant who chooses to hire their own broker pays that broker.

Fact fees-8

The FARE Act requires every fee a prospective tenant must pay to rent an apartment to be disclosed clearly in the listing, and the tenant must sign an itemized written fee disclosure before signing the lease.

Fact fees-9

Late rent fees in New York State are capped at $50 or 5% of the monthly rent, whichever is less.

Fact fees-10

A late fee cannot be charged until rent is at least five days late.

Fact fees-11

Apart from the background and credit check fee, a landlord cannot charge a fee for processing, reviewing or accepting a rental application, or any other fee before or at the start of a tenancy unless a statute or regulation provides for it.

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A cooperative housing corporation screening someone who would become a shareholder may charge more than $20 for background and credit checks (up to their actual cost) and may charge managing or transfer agent processing fees.

Fact fees-13

If a tenant moves out in violation of a residential lease, the landlord must, in good faith and according to its resources and abilities, take reasonable and customary steps to re-rent the apartment at fair market value or at the lease rate, whichever is lower (Real Property Law § 227-e).

Fact fees-14

Once a new tenant's lease at that rent takes effect, it ends the previous tenant's lease and reduces the damages the landlord can recover from them; the party seeking damages bears the burden of proof, and a lease clause waiving the landlord's duty to mitigate is void (Real Property Law § 227-e).

Fact fees-15

The FARE Act took effect June 11, 2025, 180 days after it became law.

Section 4 — HPD Violation Classes

The NYC Housing Maintenance Code categorizes housing violations into three classes based on severity and correction deadline.

Fact hpd-classes-1

HPD is the NYC Department of Housing Preservation and Development, the agency responsible for enforcing the NYC Housing Maintenance Code.

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HPD housing violations are categorized into three classes: Class A (non-hazardous), Class B (hazardous), and Class C (immediately hazardous).

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HPD Class A violations are non-hazardous conditions with a 90-day correction deadline.

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HPD Class B violations are hazardous conditions with a 30-day correction deadline.

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HPD Class C violations are immediately hazardous conditions with a 24-hour correction deadline.

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Examples of HPD Class A violations include minor peeling paint in units without children, chipped plaster, and loose tiles.

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Examples of HPD Class B violations include roach infestation, mold, missing window guards in apartments with children under 10, and inadequate lighting in public areas.

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Examples of HPD Class C violations include no heat during heating season, no hot water, lead-based paint hazards in apartments with children under 6, rodent infestation, and gas leaks.

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HPD inspections are typically triggered by tenant complaints filed through 311 or the HPD Online portal.

Fact hpd-classes-10

HPD complaints can be filed anonymously by tenants at hpdonline. nyc.gov or by calling 311.

Fact hpd-classes-11

HPD is required to attempt an inspection within 72 hours for heat and hot water complaints during heating season.

Fact hpd-classes-12

If a violation is not corrected by the deadline, HPD can issue penalties, perform emergency repairs, and bill the landlord through a tax lien.

Fact hpd-classes-13

HPD violations and complaint history for any NYC building are publicly searchable at hpdonline. nyc.gov.

Fact hpd-classes-14

The NYC Alternative Enforcement Program (AEP) is HPD's annual list of the 250 most distressed residential buildings, based on Class B and C violation counts per unit.

Fact hpd-classes-15

Buildings on the AEP list receive quarterly targeted inspections and escalated enforcement.

Fact hpd-classes-16

HPD publishes the annual AEP list in February of each year.

Fact hpd-classes-17

Every residential building in NYC with three or more units must be registered annually with HPD.

Fact hpd-classes-18

HPD registration must be renewed each year by September 1.

Fact hpd-classes-19

Buildings that fail to register with HPD cannot sue tenants for nonpayment of rent in housing court.

Fact hpd-classes-20

HPD violations are publicly available through NYC Open Data dataset `wvxf-dwi5`.

Section 5 — The 40x Rent Rule

The 40x rule is the informal income standard that most NYC landlords use to qualify tenants. It is not a statute, but it is near-universal.

Fact forty-x-rule-1

The "40x rule" is the standard NYC rental income requirement that a tenant's annual gross income must be at least 40 times the monthly rent.

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Under the 40x rule, an apartment with $3,000 monthly rent generally requires $120,000 in annual gross income to qualify without a guarantor.

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The 40x rule is an industry custom, not a law, and individual landlords may use stricter or looser income multipliers.

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Applicants who do not meet the 40x rule typically need a guarantor who earns at least 80 times the monthly rent.

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Most NYC landlords require guarantors to reside in New York, New Jersey, or Connecticut.

Fact forty-x-rule-6

Institutional guarantor services such as Insurent and TheGuarantors can substitute for a personal guarantor for a fee of 60% to 110% of one month's rent.

Fact forty-x-rule-7

Some landlords accept higher liquid savings (typically 40 to 80 times monthly rent) in lieu of meeting the 40x income threshold.

Fact forty-x-rule-8

Applicants with steady self-employment income can qualify under the 40x rule using two years of tax returns or a CPA letter as proof.

Fact forty-x-rule-9

The 40x rule applies to the combined income of co-applicants on the lease, not just one tenant.

Fact forty-x-rule-10

Income from spousal maintenance, child support, Social Security, and investment returns is typically counted toward the 40x threshold.

Fact forty-x-rule-11

Under New York's Source of Income Discrimination Law, landlords cannot refuse tenants who pay with housing vouchers (such as Section 8 or CityFHEPS).

Fact forty-x-rule-12

Landlords cannot require an income multiplier on the portion of rent paid by a government voucher; the 40x rule can only be applied to the tenant's share.

Fact forty-x-rule-13

Credit score requirements are separate from the 40x rule, but most NYC landlords require a score of 680 or higher.

Fact forty-x-rule-14

The 40x rule applies to gross (pre-tax) income, not take-home pay.

Fact forty-x-rule-15

Bonus and commission income must typically be averaged over two years to count toward the 40x threshold.

Fact forty-x-rule-16

Students without independent income typically need a guarantor regardless of savings, because most landlords will not count trust funds or family support toward the 40x requirement.

Fact forty-x-rule-17

Some NYC landlords waive the 40x rule for tenants who prepay six or more months of rent up front, though prepayment is not required by any tenant.

Fact forty-x-rule-18

New NYC arrivals without a U. S. credit history can often satisfy landlord underwriting with an international credit report, an employer letter, and proof of liquid assets.

Section 6 — Heat and Hot Water Requirements

NYC heat and hot water law is codified at NYC Housing Maintenance Code §27-2029 and is enforced by HPD.

Fact heat-hot-water-1

The NYC "heat season" runs from October 1 through May 31 each year.

Fact heat-hot-water-2

During heat season, between 6 a. m. and 10 p.m., landlords must maintain an indoor temperature of at least 68°F when the outdoor temperature is below 55°F.

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During heat season, between 10 p. m. and 6 a.m., landlords must maintain an indoor temperature of at least 62°F regardless of outdoor temperature.

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Hot water must be supplied year-round at a temperature of at least 120°F at the tap.

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Landlords must supply hot water 24 hours a day, 365 days a year; there is no hot water "season" in NYC.

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Heat and hot water requirements are set by NYC Housing Maintenance Code §27-2029.

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A failure to provide adequate heat is an HPD Class C (immediately hazardous) violation.

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Tenants can file a heat or hot water complaint through 311 or at hpdonline. nyc.gov.

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During heat season, HPD is required to attempt inspection of heat complaints within 72 hours.

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Civil penalties for confirmed no-heat violations can exceed $1,000 per day per building.

Fact heat-hot-water-11

NYC enforces "heat week" fines of up to $1,250 per day for repeat no-heat offenders.

Fact heat-hot-water-12

Tenants of buildings with chronic heat problems can seek a rent abatement in housing court.

Fact heat-hot-water-13

Landlords cannot require tenants to pay for heat in rent-stabilized apartments unless the lease explicitly excluded heat from rent before the initial lease.

Fact heat-hot-water-14

Tenants should document no-heat conditions with dated thermometer photographs and written 311 complaint numbers.

Fact heat-hot-water-15

The NYC heat laws apply to all multiple dwellings (buildings with three or more units), not just rent-stabilized buildings.

Fact heat-hot-water-16

A tenant's right to heat cannot be waived in a lease; any lease clause purporting to waive the right to heat is unenforceable.

Section 7 — NYC Housing Agencies

Dozens of NYC and New York State agencies touch residential rental law. The following are the agencies renters encounter most often.

Fact agencies-1

HPD (Department of Housing Preservation and Development) is the NYC agency that enforces the Housing Maintenance Code and operates HPD Online at hpdonline. nyc.gov.

Fact agencies-2

DOB (Department of Buildings) is the NYC agency that issues construction permits, inspects building systems, and enforces the Building Code.

Fact agencies-3

DHCR (New York State Division of Housing and Community Renewal) administers rent stabilization and rent control, and issues rent histories.

Fact agencies-4

NYC Rent Guidelines Board (RGB) is a nine-member board appointed by the Mayor that sets annual rent increase percentages for rent-stabilized apartments.

Fact agencies-5

ACRIS (Automated City Register Information System) is the NYC Department of Finance portal for property deeds, mortgages, and ownership records at a836-acris. nyc.gov.

Fact agencies-6

NYC 311 is the city's non-emergency complaint line and web portal for filing service requests including heat, noise, rodent, and sanitation issues.

Fact agencies-7

HCR (New York State Homes and Community Renewal) is the parent agency of DHCR.

Fact agencies-8

LPC (Landmarks Preservation Commission) regulates exterior alterations to buildings in historic districts and designated landmarks.

Fact agencies-9

DOF (Department of Finance) handles property tax assessments and publishes PLUTO tax lot data.

Fact agencies-10

DCWP (Department of Consumer and Worker Protection) licenses home improvement contractors and enforces fair housing.

Fact agencies-11

OATH (Office of Administrative Trials and Hearings) adjudicates housing and buildings violations.

Fact agencies-12

HCR's Tenant Protection Unit (TPU) investigates landlord fraud and unlawful deregulation of rent-stabilized apartments.

Fact agencies-13

The Attorney General of New York enforces the Real Estate Finance Bureau's oversight of cooperative and condominium offerings.

Fact agencies-14

The NYC Commission on Human Rights (CCHR) enforces the NYC Human Rights Law, which prohibits housing discrimination including source-of-income discrimination.

Fact agencies-15

HUD (U. S. Department of Housing and Urban Development) administers federal housing programs including Section 8 Housing Choice Vouchers.

Fact agencies-16

NYCHA (New York City Housing Authority) is the agency that owns and operates the city's public housing developments and administers the Section 8 program in NYC.

Fact agencies-17

HPD's Division of Code Enforcement is the unit responsible for inspecting buildings in response to complaints and issuing Housing Maintenance Code violations.

Fact agencies-18

DSNY (Department of Sanitation) enforces trash set-out rules and issues violations for improperly bagged garbage, which tenants typically pay through the landlord.

Section 8 — Key Dates and Deadlines

NYC rental law is governed by a fixed calendar of annual deadlines and minimum notice periods.

Fact deadlines-1

The NYC Rent Guidelines Board annual order takes effect October 1 and governs renewal leases beginning through September 30 of the following year.

Fact deadlines-2

HPD building registration must be renewed annually by September 1.

Fact deadlines-3

Bedbug infestation disclosures must be filed by landlords annually by December 1 under NYC Local Law 69 of 2017.

Fact deadlines-4

The NYC heat season runs from October 1 through May 31.

Fact deadlines-5

Renewal leases for rent-stabilized tenants must be offered 90 to 150 days before the expiration of the current lease.

Fact deadlines-6

Rent-stabilized tenants have 60 days to accept or reject a renewal lease offer.

Fact deadlines-7

Within 14 days after a tenant moves out, the landlord must return the security deposit with an itemized statement of anything kept (General Obligations Law § 7-108; for rent-stabilized leases and renewals entered into on or after November 15, 2025, § 7-107).

Fact deadlines-8

Landlords must give at least 30 days' written notice to raise the rent or terminate a month-to-month tenancy of less than one year.

Fact deadlines-9

Landlords must give at least 60 days' written notice for tenants who have lived in the apartment for more than one year but less than two years.

Fact deadlines-10

Landlords must give at least 90 days' written notice for tenants who have lived in the apartment for more than two years.

Fact deadlines-11

A housing court nonpayment proceeding cannot be commenced until a 14-day rent demand has been served.

Fact deadlines-12

Section 8 inspection approval is required before a tenant can move in; inspections must typically be scheduled within 15 days of paperwork submission.

Fact deadlines-13

Lead paint hazard inspections are required annually in apartments with children under 6 in buildings built before 1960.

Fact deadlines-14

Window guards must be installed by November 15 in all apartments with children under 10.

Fact deadlines-15

Annual boiler inspections are due to DOB by January 1 of each year.

Fact deadlines-16

Annual façade inspections (FISP/Local Law 11) are required every five years for buildings over six stories.

Fact deadlines-17

The 14-day rent demand required before a nonpayment proceeding must be served in writing and include the specific amount owed.

Fact deadlines-18

Holdover eviction proceedings for unregulated tenants require a predicate notice (30, 60, or 90 days) based on the length of tenancy.

Fact deadlines-19

Annual stove-top knob cover distribution to households with children under 6 is required by NYC law in apartments with gas stoves.

Legal Citations

The following statutes, regulations, and legal instruments are the primary sources for the facts above.

• NYC Housing Maintenance Code (NYC Administrative Code Title 27, Chapter 2, Subchapter 2, Article 1) — heat, hot water, habitability, and violation classes.
• New York General Obligations Law §7-108 — one-month security deposit cap, move-in and move-out inspections, and return of the deposit with an itemized statement within 14 days.
• New York General Obligations Law §7-107 — the same deposit rules for rent-stabilized apartments (14-day return for leases and renewals from November 15, 2025, Chapter 436 of the Laws of 2025).
• New York General Obligations Law §§7-103 and 7-105 — deposits held in trust, interest-bearing accounts in buildings with six or more apartments, and transfer of deposits when a building is sold.
• New York Real Property Law §227-e — landlord's duty to mitigate damages when a tenant moves out early.
• New York Real Property Law §226-c — notice requirements for rent increases and non-renewals.
• New York Real Property Law §227-c — lease termination rights for victims of domestic violence.
• New York Real Property Law §238-a — application fee cap and late fee limits (2019 HSTPA).
• Housing Stability and Tenant Protection Act of 2019 (HSTPA) — comprehensive overhaul of rent stabilization, deposits, fees, and eviction procedures.
• Emergency Tenant Protection Act of 1974 (ETPA) — the statutory basis for NYC rent stabilization.
• Local Emergency Housing Rent Control Act — the statutory basis for NYC rent control.
• Rent Stabilization Code (9 NYCRR Part 2520 et seq.) — DHCR regulations implementing rent stabilization.
• Rent Guidelines Board Order No. 57 (effective October 1, 2025 – September 30, 2026) — 3% one-year and 4.5% two-year increase caps.
• Rent Guidelines Board Order No. 58 (effective October 1, 2026 – September 30, 2027) — 0% one-year and 0% two-year increase caps.
• NYC Local Law 69 of 2017 — annual bedbug infestation disclosure requirements.
• NYC Local Law 11 of 1998 (Façade Inspection Safety Program) — five-year façade inspection requirement for buildings over six stories.
• NYC Local Law 119 of 2024, the Fairness in Apartment Rental Expenses (FARE) Act — bars a landlord's broker from charging tenants a fee and requires fee disclosure; in effect June 11, 2025.
• NYC Human Rights Law (NYC Administrative Code Title 8) — housing discrimination including source-of-income protection.
• Servicemembers Civil Relief Act (50 U.S.C. §§3951-3959) — federal lease termination rights for active-duty military.
• NYC Administrative Code §27-2029 — heat and hot water temperature requirements.