NYC Renter Rights Guide
Understanding your rights as a New York City tenant is essential for protecting yourself and your home. This comprehensive guide covers rent stabilization, security deposits, repairs, heat requirements, lease renewals, and eviction protections under current NYC housing laws.
Why Knowing Your Rights Matters
New York City has among the most comprehensive tenant protection laws in the United States, a legacy of over a century of housing advocacy and policy evolution dating back to the tenement reforms of the Progressive Era. The 1920s saw the first rent control laws, followed by rent stabilization in 1969, and most recently the Housing Stability and Tenant Protection Act of 2019 significantly expanded protections.
Yet despite these protections, many tenants remain unaware of their rights or how to exercise them effectively. A 2023 study by the Community Service Society found that approximately 30% of eligible tenants in rent-stabilized apartments did not know their stabilization status. This knowledge gap often leads to tenants accepting illegal rent increases, tolerating uninhabitable conditions, or facing eviction proceedings without understanding their legal options.
Before Signing Any Lease
- -Research the building's violation history using DwellCheck's building health feature
- -Request rent history from DHCR to verify stabilization status and legal rent
- -Document existing conditions with dated photographs during apartment viewing
- -Understand whether Good Cause Eviction applies to your prospective unit
In This Guide
Rent Stabilization
Understanding NYC's Landmark Tenant Protection
Rent stabilization is one of the most significant tenant protections in New York City, covering approximately one million apartments. Established through the Emergency Tenant Protection Act of 1974, this system limits annual rent increases and provides strong lease renewal rights.
Eligibility Criteria
Buildings with 6+ units built before January 1, 1974 are generally covered. Some newer buildings may qualify if they received tax abatements like J-51 or 421-a. Check your building's status through the DHCR rent history portal.
Annual Rent Increases
The Rent Guidelines Board (RGB) sets maximum annual increases each June. Recent years have seen increases of 0-3% for one-year leases. Landlords cannot exceed these limits without DHCR approval for Major Capital Improvements (MCIs) or Individual Apartment Improvements (IAIs).
Lease Renewal Rights
Landlords must offer lease renewals 90-150 days before expiration. You have 60 days to respond. They cannot refuse renewal except for specific causes like non-payment, illegal use, or owner occupancy (with restrictions).
Succession Rights
Family members who have lived in a rent-stabilized apartment for 2+ years may succeed to the lease when the primary tenant dies or permanently vacates. This includes non-traditional family members in some cases.
Security Deposit Protections
Your Money, Your Rights
New York's Housing Stability and Tenant Protection Act (HSTPA) of 2019 dramatically strengthened security deposit protections. These laws apply to all NYC rentals, regardless of rent stabilization status.
Maximum Deposit Amount
Landlords can only collect one month's rent as a security deposit. This applies to all residential rentals in NYC. First month's rent, last month's rent, and security deposit together cannot exceed two months' rent at lease signing.
Interest Requirements
Deposits must be held in interest-bearing accounts at NY banking institutions. Landlords must provide you with the bank name and address. Interest (minus 1% administrative fee) must be paid annually or credited to your rent.
Return Timeline
Within 14 days of lease termination, landlords must return your deposit OR provide an itemized statement of deductions. Failure to comply may entitle you to recover the full deposit plus damages.
Prohibited Deductions
Landlords cannot deduct for normal wear and tear. They must document damage with photos and receipts. Pre-existing conditions noted in a move-in checklist cannot be charged against your deposit.
Right to Repairs & Habitability
The Warranty of Habitability
New York's warranty of habitability (Real Property Law 235-b) guarantees that every residential rental must be fit for human habitation. Landlords must maintain essential services and make necessary repairs. This is non-waivable regardless of lease terms.
Essential Services
Landlords must provide and maintain: running water, adequate heat and hot water, electricity in common areas, working plumbing, pest-free conditions, secure locks and entry systems, and structurally sound conditions.
Repair Request Process
Document all repair requests in writing (email creates a paper trail). Give reasonable time for repairs: 24 hours for emergencies, 30 days for non-emergencies. Photograph conditions before and after reporting.
Rent Abatement
If essential services fail, you may be entitled to rent abatement (reduction). Courts typically calculate this based on the percentage of apartment rendered uninhabitable. Document everything for potential legal proceedings.
HPD Enforcement
When landlords fail to make repairs, file complaints with NYC Housing Preservation & Development (HPD). Inspectors can issue violations that compel repairs. Class C (immediately hazardous) violations require 24-hour correction.
Heat & Hot Water Requirements
NYC's Strict Heating Season Laws
New York City has some of the nation's most stringent heat requirements. The "Heat Season" runs from October 1 to May 31, during which landlords face strict temperature mandates. Violations are among the most common HPD complaints.
Daytime Requirements (6 AM - 10 PM)
When outside temperature falls below 55°F, indoor temperature must be at least 68°F. This is measured at the center of the room, 3 feet from the exterior wall. The landlord bears full responsibility regardless of building age.
Nighttime Requirements (10 PM - 6 AM)
Indoor temperature must be at least 62°F regardless of outside temperature. This overnight minimum provides protection during the coldest hours when heat is most critical for health and safety.
Hot Water (Year-Round)
Hot water must be provided 24 hours a day, 365 days a year at a constant minimum temperature of 120°F. This is not seasonal and applies regardless of heating season dates.
Reporting Violations
Document temperature with a thermometer (timestamped photos). File complaints via 311 (call, text, app, or online). HPD prioritizes heat complaints during heating season. Repeated violations can result in Emergency Repair Program intervention.
Lease Renewal Rights
Understanding Your Renewal Protections
Your rights regarding lease renewal depend significantly on whether your apartment is rent-stabilized. However, all NYC tenants benefit from certain procedural protections and anti-retaliation laws.
Rent-Stabilized Renewals
Landlords must offer 1 or 2-year renewal leases. The offer must arrive 90-150 days before current lease expires. You have 60 days to accept. Rent increases are limited to RGB-approved amounts. Refusal to renew requires specific legal grounds.
Market-Rate Renewals
For non-stabilized apartments, landlords have no obligation to renew. However, they must provide notice based on tenancy length: 30 days (under 1 year), 60 days (1-2 years), or 90 days (2+ years). Good Faith dealing requirements apply.
Anti-Retaliation Protections
Landlords cannot refuse renewal or raise rent excessively in retaliation for exercising legal rights (filing complaints, organizing tenants, requesting repairs). Retaliatory actions within 1 year of protected activity are presumed illegal.
Holdover Tenancy
If you remain after lease expiration without a new agreement, you become a "holdover" tenant. In rent-stabilized units, you retain all stabilization protections. In market-rate units, you may face eviction proceedings but retain procedural rights.
Eviction Protections
Due Process and Legal Safeguards
New York provides substantial eviction protections for tenants. Landlords cannot engage in "self-help" evictions (changing locks, removing belongings, shutting off utilities). All evictions must proceed through Housing Court with proper legal process.
Required Court Process
Only a court-ordered eviction executed by a City Marshal or Sheriff is legal. Landlords must file a case in Housing Court, serve proper notice, attend hearings, and obtain a judgment. This process typically takes 3-6 months minimum.
Right to Cure
For non-payment cases, you have the right to pay rent owed plus legal fees at any point before the marshal executes eviction. For lease violations, you typically receive notice and opportunity to cure before eviction can proceed.
Good Cause Eviction (2024)
New York's Good Cause Eviction law (effective 2024) extends protections to many market-rate tenants. Landlords need legitimate cause to evict or refuse renewal. Excessive rent increases (above CPI + 5%) may be challenged.
Emergency Protections
Various emergency protections may apply during declared emergencies. Right to counsel programs provide free legal representation for tenants facing eviction in Housing Court. Contact Housing Court Help Center for assistance.
How to File Complaints
When your landlord fails to meet legal obligations, you have multiple channels to seek enforcement and resolution.
NYC 311
The primary channel for reporting housing complaints to city agencies.
Contact Methods
- Phone:Call 311 (or 212-NEW-YORK outside NYC)
- Text:Text 311-NYC (311-692)
- App:Download NYC 311 app (iOS/Android)
- Online:portal.311.nyc.gov
- Twitter:@311NYC
Tips
- -Have your exact address ready
- -Describe the specific problem clearly
- -Note how long the issue has persisted
HPD Direct Complaints
For housing code violations, building conditions, and habitability issues. HPD inspectors can issue violations that legally compel repairs.
Contact Methods
- Online:www1.nyc.gov/site/hpd/services-and-information/file-complaint.page
- Phone:Via 311
Tips
- -Heat complaints are prioritized during heating season
- -Class C violations require 24-hour correction
- -Request Emergency Repair Program for critical failures
DHCR (Rent Issues)
Division of Housing and Community Renewal handles rent-stabilization matters including overcharges, improper increases, and service complaints.
Contact Methods
- Online:hcr.ny.gov/file-complaint
- Phone:718-739-6400 (Rent Administration)
- Walk-in:Regional offices in each borough
Tips
- -Request rent history before filing overcharge complaints
- -Statute of limitations: 6 years for overcharges
- -MCI and IAI increases can be challenged
Document Everything
Successful complaints and legal actions depend on thorough documentation. Before filing any complaint:
Photograph Conditions
Timestamped photos of issues
Written Communication
Email creates paper trail
Keep Records
Save all leases, receipts, notices
Track Complaint Numbers
Follow up on filed complaints
Research Your Building Before Signing
DwellCheck aggregates HPD violations, DOB complaints, heat complaints, bedbug reports, and other official NYC data to help you understand a building's history before you commit.
Frequently Asked Questions
Common questions about NYC renter rights and tenant protections.
How do I know if my apartment is rent-stabilized in NYC?
Request your apartment's rent history from the NYS Division of Housing and Community Renewal (DHCR) using form DHCR-RA-45. You can also check if your building is registered via DHCR's online portal. Generally, buildings with 6+ units built before 1974 are covered, as are some newer buildings with tax abatements. Your lease should indicate stabilization status, but the rent history is the definitive source.
What can I do if my landlord refuses to make repairs in NYC?
First, document the issue with photos and send written repair requests (email creates a paper trail). If the landlord doesn't respond within reasonable time (24 hours for emergencies, 30 days for non-emergencies), file a complaint with NYC 311 or HPD directly. HPD inspectors can issue violations requiring repairs. For severe cases, you may withhold rent or make repairs and deduct from rent, but consult an attorney first as this carries legal risks.
How much can my landlord raise rent in NYC?
For rent-stabilized apartments, annual increases are set by the Rent Guidelines Board (RGB), typically 0-3% for one-year leases. For market-rate apartments without Good Cause protections, there is no limit. Under Good Cause Eviction (2024), excessive increases (above CPI + 5%) may be challengeable for qualifying tenants. Always compare proposed increases to your lease terms and applicable regulations.
Can my landlord evict me in NYC?
Landlords cannot "self-help" evict (changing locks, removing belongings). All evictions require Housing Court proceedings. For rent-stabilized tenants, eviction requires specific cause (non-payment, lease violation, owner occupancy). Market-rate tenants have fewer protections but retain procedural rights and may qualify for Good Cause Eviction protections. Free legal representation is available through NYC's Right to Counsel program.
What temperature must my landlord maintain during heating season?
During NYC's heating season (October 1 - May 31): when outside temperature is below 55°F, indoor temperature must reach at least 68°F between 6 AM and 10 PM. At night (10 PM - 6 AM), indoor temperature must be at least 62°F regardless of outside temperature. Hot water (minimum 120°F) must be provided 24/7, year-round. Report violations via 311.
How much security deposit can a landlord require in NYC?
Under the 2019 Housing Stability and Tenant Protection Act, landlords can only collect one month's rent as a security deposit. This applies to all NYC residential rentals. They cannot require last month's rent, additional deposits for pets, or any fees beyond one month's security plus first month's rent at lease signing. Deposits must be held in interest-bearing accounts.
What is Good Cause Eviction and does it apply to me?
Good Cause Eviction (effective 2024 in NY) extends eviction protections to many market-rate tenants. Landlords need legitimate cause to evict or refuse lease renewal. Rent increases above CPI + 5% may be challengeable. Exemptions include: owner-occupied buildings with 10 or fewer units, new construction (30 years), rent above 245% of Fair Market Rent, and housing cooperatives. Check your specific situation with a tenant attorney.
How do I file a complaint about my NYC landlord?
The primary channel is NYC 311 (call, text, app, or online). For housing violations and repairs, complaints go to HPD. For rent-stabilization issues (overcharges, improper increases), contact DHCR. For discrimination, file with NYC Commission on Human Rights. Always document issues with photos, keep copies of communications, and request complaint numbers for follow-up. DwellCheck can help you research your building's violation history.
Additional Resources
NYC HPD Renter Resources
Official NYC Housing Preservation & Development resources for tenants.
NYS Homes & Community Renewal
Rent stabilization information, forms, and complaint filing.
Met Council on Housing
Tenant advocacy organization with hotline and organizing support.
Housing Court Help Center
Free legal assistance for tenants facing Housing Court proceedings.
Know Before You Sign
Check any NYC building for violations, complaints, and housing issues. Free, instant results from official city data.
Search an Address