Questions to Ask Before Signing a Lease in NYC

Key questions include: Is the unit rent-stabilized? What is the building's HPD violation history? What are the total move-in costs including broker fees? Is a guarantor required? What utilities are included? What is the subletting policy? You should also verify bedbug history, super availability, and planned construction in the building or nearby.

Start with the building: in NYC, apartments are generally rent-stabilized if the building was built before January 1, 1974 and has six or more units, or if a building with three or more units was built or extensively renovated since then with a tax benefit such as 421-a or J-51 (NY Attorney General, Residential Tenants' Rights Guide). Ask the landlord directly. If the apartment is stabilized, the owner must attach the DHCR lease rider to your lease, showing the rent before the vacancy and how your rent was calculated (DHCR Fact Sheet #2, October 2020). DHCR provides an apartment's rent history to its tenant or owner and mails a tenant's request to the apartment, so you can request it once you live there, not before you sign (HCR Rent Connect and Records Access pages).

Major red flags include: multiple HPD violations (especially Class B or C), bedbug history, no live-in superintendent in larger buildings, a listing agent asking you for a broker fee (barred by NYC's FARE Act since June 11, 2025), requests for security deposits exceeding one month's rent (illegal since 2019), landlord reluctance to provide lease terms in writing, and signs of deferred maintenance like peeling paint, water stains, or malfunctioning systems.

Legal upfront costs include: first month's rent, a security deposit (capped at one month's rent by General Obligations Law § 7-108), and a background and credit check fee of no more than $20 (Real Property Law § 238-a). A landlord can't ask for both last month's rent and a security deposit (NY Attorney General, Residential Tenants' Rights Guide). Since June 11, 2025, NYC's FARE Act bars a landlord's broker from charging you a fee; you pay a broker only if you hire your own. For a $3,000/month apartment that is about $6,000 plus the check fee, plus your own broker's fee if you hired one.

Most NYC landlords require annual income of 40 times the monthly rent. For a $3,000/month apartment, that means $120,000 annual income. If you don't meet this threshold, you'll need a guarantor earning 80 times the monthly rent (or 80-100x at some buildings), or you can use a third-party guarantor service like Insurent or The Guarantors for 70-90% of one month's rent.

Yes, negotiation is possible, especially during slower rental seasons (winter months) or for units that have been on the market for extended periods. You can negotiate: monthly rent, lease length, included amenities, move-in date, and minor repairs before moving in. Rent-stabilized units have less negotiation room as rents are regulated, but you may negotiate the length (1 vs 2 years).

Use DwellCheck to get a comprehensive livability score combining 311 complaints, HPD violations, crime data, transit access, and more. Also check: HPD Online for building violations, NYC 311 for complaint history, the DHCR lease rider if the unit is rent-stabilized, DOB NOW for permits and construction, NYPD CompStat for crime statistics, and StreetEasy for rental comparables and price history.