Questions to Ask Before Signing a Lease in NYC
The NYC rental market moves fast, but signing a lease without asking the right questions can lead to costly mistakes. This comprehensive guide covers 26 essential questions across four critical categories, with specific focus on NYC's unique rental landscape including rent stabilization, broker fees, and building violations.
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In This Guide
Building & Unit Questions
Critical questions about the physical condition, amenities, and management of the building and specific unit.
What is the building's HPD violation history?NYC-Specific
NYC Housing Preservation & Development (HPD) maintains public records of all building violations. High violation counts, especially Class B (hazardous) or Class C (immediately hazardous), indicate serious neglect. Request the address and check DwellCheck or HPD's online portal.
Is this unit rent-stabilized or rent-controlled?NYC-Specific
Over one million NYC apartments have regulated rents with legal limits on annual increases. Landlords must disclose this, but you can verify through DHCR (Division of Housing and Community Renewal). Stabilized units offer significant long-term savings and eviction protections.
What is the building's history with heat and hot water complaints?NYC-Specific
NYC law requires landlords to maintain specific temperatures (68F daytime, 62F nighttime during heating season). Check 311 complaint history for patterns of heat/hot water issues, which are extremely common in older buildings.
Has the building had bedbug infestations in the past year?NYC-Specific
NYC landlords are legally required to provide a one-year bedbug history upon request (Local Law 69). This includes any unit in the building, not just the one you're viewing.
What is the superintendent situation? Is there a live-in super?NYC-Specific
Buildings with 9+ units must have a janitor/superintendent living on-site or within 200 feet. This significantly impacts maintenance response times and building upkeep quality.
When was the unit last renovated? What work was done?
Recent renovations can indicate quality improvements but may also signal attempts to deregulate a formerly rent-stabilized unit through preferential rent schemes. Ask for specifics.
What is the water pressure like on this floor?
Upper floors in older NYC buildings often suffer from low water pressure. Test faucets and showers during your viewing, ideally during peak hours.
Are there any active DOB permits for construction in the building?NYC-Specific
Department of Buildings permits are public record. Nearby construction, especially after-hours variance permits, can mean months of disruption. Check DOB NOW portal or DwellCheck.
Lease Terms & Legal Questions
Understand every clause before you sign. NYC leases have specific legal requirements landlords must follow.
What is the lease length? Are there options for 1 or 2 years?NYC-Specific
Rent-stabilized tenants have the right to choose between 1 and 2-year leases. Market-rate landlords often push for longer terms but may negotiate. Longer leases provide rent certainty but reduce flexibility.
What is the subletting policy?NYC-Specific
NYC tenants have legal subletting rights in buildings with 4+ units, though landlords can require approval. Understand any restrictions, fees, or profit-sharing requirements if you need to sublet.
What are the early termination options and penalties?
Most NYC leases have no early termination clause. If life circumstances change, you could be liable for remaining rent. Some landlords offer buyout clauses or allow subletting as alternatives.
What notice is required for lease renewal or non-renewal?NYC-Specific
For rent-stabilized apartments, landlords must provide 90-180 days notice depending on tenancy length. Market-rate leases vary. Know your obligations for notice timing.
Is there a lease rider for rent stabilization?NYC-Specific
Rent-stabilized leases must include an official DHCR rider with legal rent history. If the landlord claims market-rate but you suspect stabilization, you can file for rent history with DHCR.
What is the guest policy and occupancy limit?NYC-Specific
NYC law allows guests for up to 30 days without landlord permission. Occupancy limits are governed by building codes (minimum 80 sq ft per person). Review lease language for overly restrictive clauses.
Costs, Fees & Financial Questions
NYC has unique fee structures. Understand all costs before committing to avoid surprises.
What is the total move-in cost? Security deposit, first month, last month?NYC-Specific
NYC law limits security deposits to one month's rent (since 2019 Housing Stability and Tenant Protection Act). Landlords cannot collect last month's rent in advance. Be wary of illegal deposit demands.
Is there a broker fee? How much?NYC-Specific
NYC broker fees typically range from one month's rent to 15% of annual rent (historically the latter). As of 2024, rules around who pays broker fees remain contested. Always negotiate and understand what services the broker provides.
What are the utility arrangements? What's included?
Ask specifically about: electricity, gas, water, heat, hot water, internet/cable, and trash. In many NYC buildings, heat and hot water are included. Get estimates for utilities not included.
Are there any additional monthly fees (amenities, pet rent, parking)?
Many NYC buildings charge separate fees for gym access, roof deck, package rooms, bike storage, or pet rent. These can add $50-$500+ monthly beyond listed rent.
What is the application fee? Is it refundable?NYC-Specific
NYC law caps application fees at $20 (for background/credit check costs). Landlords cannot charge more. Application fees are typically non-refundable even if denied.
Do you require a guarantor? What are the income requirements?NYC-Specific
NYC landlords typically require 40x monthly rent in annual income. If you don't meet this threshold, you may need a guarantor earning 80x rent. Third-party guarantor services (Insurent, The Guarantors) are alternatives.
What is the rent increase history for this unit?NYC-Specific
For rent-stabilized units, you can request the rent history from DHCR. For market-rate, ask directly and compare to neighborhood comparables. Large jumps may indicate prior tenant disputes or building issues.
Neighborhood & Location Questions
The neighborhood matters as much as the unit. Ask about the area and research independently.
What subway lines are nearby? How far is the nearest station?NYC-Specific
Subway access dramatically impacts quality of life and commute times in NYC. Verify walking distance yourself using Google Maps or DwellCheck transit scores. Consider express vs. local service.
What is the noise level like during different times of day?
Visit the apartment and block at different times: weekday morning, weekday evening, weekend night. Bars, clubs, fire stations, hospitals, and major avenues all create significant noise.
Are there any planned developments or construction projects nearby?NYC-Specific
Major developments can mean years of construction noise and dust, or could eventually improve the neighborhood. Check NYC Department of City Planning for zoning changes and large projects.
What is the crime situation on this block?NYC-Specific
NYPD precinct crime statistics are public. DwellCheck aggregates crime data at the address level. Ask neighbors and local businesses. Crime can vary dramatically block-by-block in NYC.
Where is the nearest grocery store and laundromat?
Not having in-unit laundry means laundromat trips. Note distances to essential services. In some NYC neighborhoods, the nearest quality grocery could be 15+ minutes away.
Pre-Viewing Research Checklist
Complete this research before visiting any apartment to identify potential red flags and prepare informed questions.
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DwellCheck aggregates HPD violations, 311 complaints, crime data, transit access, and more into a single livability score. Research any NYC address in seconds before scheduling a viewing.
Viewing Day Checklist
While at the apartment, systematically check these items. Bring a phone to document any concerns.
NYC Rental Red Flags to Watch For
Security deposit exceeding one month's rent
Illegal under 2019 HSTPA
Application fees exceeding $20
Illegal under NYC law
No lease rider for rent-stabilized unit
Required by law for all stabilized units
Landlord refuses to provide violation history
You can look this up yourself on HPD/DwellCheck
Pressure to sign immediately without review time
Take the lease home; consult an attorney if needed
Building has 9+ units but no on-site super
Violation of NYC Housing Code
Multiple Class C (immediately hazardous) violations
Indicates serious neglect
Lease terms significantly different from verbal promises
Only what's in writing is enforceable
Frequently Asked Questions
What questions should I 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.
How do I know if an NYC apartment is rent-stabilized?
You can verify rent stabilization status by requesting the unit's rent history from DHCR (Division of Housing and Community Renewal) or checking if the building was built before 1974 with 6+ units. Landlords are legally required to provide a rent-stabilized lease rider if applicable. Buildings receiving J-51 or 421-a tax abatements may also have stabilized units.
What are red flags when viewing an NYC apartment?
Major red flags include: multiple HPD violations (especially Class B or C), bedbug history, no live-in superintendent in larger buildings, excessive broker fees, 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.
How much should I expect to pay upfront for an NYC apartment?
Legal upfront costs include: first month's rent, security deposit (capped at one month's rent by law), and potentially a broker fee (typically 12-15% of annual rent or one month's rent). Application fees are capped at $20. Landlords cannot legally collect last month's rent in advance. Total move-in for a $3,000/month apartment could be $6,000-$10,000+ depending on broker fees.
What income requirements do NYC landlords typically require?
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.
Can I negotiate the rent or lease terms in NYC?
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, minor repairs before moving in, and sometimes broker fees. Rent-stabilized units have less negotiation room as rents are regulated, but you may negotiate the length (1 vs 2 years).
How can I research an NYC address before viewing?
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, DHCR for rent stabilization status, DOB NOW for permits and construction, NYPD CompStat for crime statistics, and StreetEasy for rental comparables and price history.
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