NYC Landlord-Tenant Law: Everything Landlords Need to Know

Being a landlord in New York City is not like being a landlord almost anywhere else. The city layers state statutes, municipal codes, a dedicated housing court, and some of the strongest tenant protections in the nation on top of one another — and the rules that catch owners off guard are rarely the obvious ones. A well-meaning landlord can violate the law without ever intending to, simply by using an outdated lease, mishandling a security deposit, or misjudging whether a unit is rent-stabilized.

This guide walks through the framework of NYC landlord-tenant law: who makes the rules, who enforces them, and what you actually need to do to stay compliant. It's written for owners of Brooklyn and NYC rental property who want to protect their investment and treat tenants fairly. Wherever a specific current number matters — a rent-guideline percentage, a filing fee — we point you to the agency that publishes it, because those figures change and the penalty for citing a stale one is real.

Who makes and enforces NYC landlord-tenant law?

There is no single "NYC landlord law." Instead, several bodies of law overlap, each with its own enforcer. Understanding which agency governs which issue is the first step to compliance.

• New York State legislature — passes the underlying statutes, most notably the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which rewrote the rules on security deposits, fees, rent increases, and eviction defenses statewide.
• NYS Homes and Community Renewal (HCR), through the Division of Housing and Community Renewal (DHCR) — administers rent stabilization and rent control. DHCR keeps the official rent registration history for every stabilized unit and adjudicates overcharge and service-reduction complaints.
• NYC Department of Housing Preservation and Development (HPD) — enforces the Housing Maintenance Code: registration, repairs, heat and hot water, lead paint, and habitability. HPD issues violations and can perform emergency repairs and bill the owner.
• NYC Rent Guidelines Board (RGB) — sets the annual allowable rent increase for rent-stabilized leases each year.
• NYC Commission on Human Rights and the NYS Division of Human Rights — enforce Fair Housing, including the city's broad protections against source-of-income discrimination.
• NYC Housing Court (part of the Civil Court) — the only venue where a landlord can legally recover possession of an apartment or a money judgment for unpaid rent.

Keeping these straight matters because the same building can be subject to all of them at once. Managing that overlap is a core part of what a specialized Brooklyn property management company does day to day.

What rights do tenants have in NYC?

New York City tenants enjoy some of the most extensive protections in the country. At a high level, a tenant is entitled to:

• A habitable home. Every residential lease in New York carries an implied warranty of habitability — the legal guarantee that the apartment is fit to live in, free of conditions dangerous to life, health, or safety. This can't be waived by lease language.
• Heat and hot water. Landlords must provide hot water year-round and heat during the official heat season.
• Protection from illegal eviction. A tenant can only be removed by a court and a city marshal, never by a landlord acting on their own.
• A capped security deposit. No more than one month's rent, returned within 14 days of move-out.
• Limits on fees. HSTPA restricts application fees and late fees.
• Freedom from discrimination, including on the basis of lawful source of income.

If you'd like the tenant's-eye view of these protections, our companion piece on NYC tenant rights covers them from the renter's perspective — useful reading for landlords who want to understand the other side of the table.

What rights do landlords have in NYC?

Tenant protections get most of the attention, but New York landlords retain meaningful rights, too. As an owner you generally have the right to:

• Collect the agreed rent and pursue unpaid rent through a nonpayment proceeding in Housing Court.
• Screen applicants using consistent, objective, lawful criteria — credit, income, and rental history — provided you don't discriminate.
• Set the rent on free-market units without a cap (subject to proper notice for increases).
• Enter the unit with reasonable notice for repairs, inspections, or to show the apartment, as permitted by the lease and law.
• Recover possession through the lawful eviction process when a tenant breaches the lease or holds over after it ends.
• Adjust rent-stabilized rents by the RGB-approved amount and, where eligible, recover certain increases for qualifying improvements such as an Individual Apartment Improvement (IAI) or Major Capital Improvement (MCI).

The theme running through New York landlord rights is process. You have real remedies, but you have to use the correct legal channel to exercise them. Shortcuts are what create liability.

What is rent stabilization, and how do I know if it applies?

This is the single most important question for any NYC owner, because rent stabilization changes almost everything about how you operate a unit. Roughly a million apartments in New York City are rent-stabilized, and a stabilized tenant has the right to a renewal lease and to increases limited to what the Rent Guidelines Board approves each year.

A unit is generally rent-stabilized if:

• It's in a building with six or more units built before 1974, or
• The building receives a tax benefit — such as 421-a or J-51 — that requires stabilization for the duration of the benefit.

The critical mistake to avoid: never assume a unit's status based on what the seller or prior manager told you. Deregulation rules have changed, and HSTPA eliminated most paths a landlord once used to remove a unit from stabilization. Confirm status by requesting the unit's official rent registration history from DHCR (HCR) before you set a rent or sign a lease. Charging a stabilized tenant a market rent can lead to an overcharge complaint, treble damages, and a rent that's rolled back for years.

Because the stakes are so high, we've written a dedicated deep dive — NYC Rent Stabilization: A Complete Guide — and it's the first thing we recommend to any owner buying a pre-1974 multifamily building in Brooklyn.

Do I have to register my building with HPD?

Yes, in most cases. If you own a residential building with three or more units, or a one- to two-family home where neither you nor a family member lives, you must file an annual property registration with HPD. Registration isn't a formality: an unregistered building generally can't collect rent through Housing Court and can't defend certain cases, and non-registration can itself trigger penalties.

Registration requires listing a managing agent and providing a valid address for service. If you own a stabilized building, you also have a separate obligation to file annual rent registrations with DHCR. These are two different filings with two different agencies — missing either one creates problems.

Our step-by-step walkthrough on HPD registration and staying compliant covers the annual cycle in detail. If you'd rather never think about a filing deadline again, registration and agent-of-record duties are standard parts of full-service management.

What are a landlord's repair and habitability obligations?

Under the warranty of habitability and the NYC Housing Maintenance Code, you're responsible for keeping the building and each apartment safe, sanitary, and in good repair. HPD classifies violations by severity:

• Class A — non-hazardous (e.g., a minor issue).
• Class B — hazardous (e.g., a broken door lock, certain leaks).
• Class C — immediately hazardous (e.g., no heat or hot water, lead paint hazards, rodent infestations, mold in large areas).

When a tenant complaints go unaddressed, HPD can inspect, issue violations, and — for serious conditions — perform an emergency repair and bill you, often at a premium. Accumulated violations also complicate financing and sales. Understanding and clearing them quickly is essential; our guide to HPD violations explains how to avoid, address, and resolve them.

A related obligation catches many owners off guard: lead paint. In buildings built before 1960 (and some built 1960–1978) where a child under six lives, Local Law 31 and related rules impose testing, disclosure, and remediation duties. See our overview of lead paint disclosure requirements for the specifics.

For a comprehensive checklist of everything the city requires an owner to provide and maintain, our resource on NYC landlord obligations pulls it together in one place.

When does a NYC landlord have to provide heat and hot water?

Hot water is required year-round, at a minimum temperature, at all times. Heat is required during heat season, which runs October 1 through May 31. During heat season, the law sets minimum indoor temperatures tied to the outdoor temperature during the day, and a fixed minimum overnight regardless of how cold it is outside.

Heat and hot water complaints are among the most common — and most aggressively enforced — issues HPD handles. A no-heat complaint in January is a Class C emergency; the city can respond fast and bill the owner. Deferred boiler maintenance is a false economy, and it's exactly the kind of avoidable failure a responsive manager prevents. Our detailed breakdown of the NYC heat and hot water requirements covers the temperature thresholds and how complaints escalate.

How much can a landlord raise the rent in NYC?

It depends entirely on the unit's status:

• Rent-stabilized units: Annual increases are capped at the percentage the Rent Guidelines Board approves for leases beginning in a given period. You cannot exceed the RGB rate, and you must offer a renewal. (The exact current percentage changes each year — check the RGB's published order rather than any figure quoted from memory.)
• Free-market units: There's no cap on the amount of an increase, but HSTPA requires advance written notice before you raise the rent significantly or decline to renew — 30, 60, or 90 days depending on how long the tenant has lived there. Skipping proper notice can delay your ability to charge the new rent.

The nuance here trips up owners constantly, so we devoted a full post to it: How much can you raise rent in NYC?. The safe habit is simple — confirm the unit's status first, then apply the correct rule.

What are the security deposit rules in NYC?

Since HSTPA took effect in 2019, residential security deposits are capped at one month's rent. You also must:

• Offer a move-in inspection and give the tenant a written statement of existing conditions.
• Return the deposit within 14 days of move-out, along with an itemized statement of any deductions.
• Limit deductions to unpaid rent and repair of damage beyond ordinary wear and tear — not normal aging of the unit.

Miss the 14-day deadline or fail to itemize, and you can forfeit your right to keep any of the deposit and owe additional damages. These mechanics are precise and unforgiving; our full guide to NYC security deposit rules walks through each requirement and the documentation that protects you.

What is source-of-income discrimination, and how do I avoid Fair Housing violations?

New York City has among the broadest anti-discrimination protections in the country. Beyond the federally protected classes, the NYC Human Rights Law prohibits discrimination based on lawful source of income — meaning you generally cannot refuse an applicant, or treat them differently, because they intend to pay with a Section 8 voucher, CityFHEPS, SSI, or another subsidy. Advertising "no vouchers" or "no programs" is itself unlawful.

To stay on the right side of Fair Housing:

• Apply the same objective criteria to every applicant, and write them down.
• When evaluating income, count the portion the tenant is actually responsible for — you can't apply a market-rent income multiple to a household whose share is subsidized.
• Document your process so you can show that decisions were consistent and criteria-based.
• Train anyone who speaks to prospects, because a single stray comment can create liability.

Rent-stabilized and subsidized housing is our core specialty, and Fair Housing compliance is woven into how we screen and place tenants. Our Fair Housing guide for NYC landlords lays out the protected categories and the common advertising and screening traps.

How does the eviction process work in NYC?

The most important thing to know is what you cannot do: New York prohibits "self-help" eviction. Changing the locks, removing a tenant's belongings, or shutting off utilities to force someone out is illegal and can expose you to serious damages, regardless of how far behind the tenant is on rent.

The lawful process runs through Housing Court and generally follows these stages:

1. Predicate notice. Depending on the case — nonpayment or holdover — you serve the required notice (for example, a rent demand for nonpayment, or a notice to cure/terminate for a lease violation). Getting the notice type, timing, and service method right is critical; defects here get cases dismissed.
2. Filing the petition. You commence the proceeding in Housing Court and the tenant is served.
3. Court appearances. The tenant can raise defenses — including habitability conditions and, under HSTPA, procedural defenses. Many cases resolve through a stipulation.
4. Judgment and warrant. If you prevail, the court issues a judgment of possession and a warrant of eviction.
5. Marshal execution. Only a New York City marshal — not the landlord — may carry out the eviction, after the required notice.

The timeline is often longer than owners expect, and procedural precision matters at every step. Our step-by-step NYC eviction process guide and our reference on eviction notice requirements explain the notices and sequence in detail. For active cases, coordinating counsel and paperwork is exactly what our eviction management service handles.

What should a NYC landlord do about late rent?

Late rent is the most common friction point, and HSTPA changed the rules. Late fees are limited, and there's a grace period before one can apply. The lawful path when rent goes unpaid starts with a proper written rent demand — not a threat, not a lockout — and can proceed to a nonpayment case if it isn't resolved.

The practical approach is to stay professional, document every communication, and follow the statutory sequence. Our guide on how to handle late rent in NYC walks through the compliant process and the common missteps that hand tenants a defense.

What lease disclosures are required in NYC?

A compliant NYC lease is more than a signature page. Depending on the building and unit, you may be required to provide:

• A lead paint disclosure for buildings built before 1978.
• A bedbug history disclosure (tied to the annual filing).
• A sprinkler notice stating whether the unit has a sprinkler system.
• Window guard and stove knob cover notices where children are present.
• The move-in inspection offer tied to the security deposit rules.

Using a current, New York–specific lease with the right riders is one of the cheapest forms of risk management available. An outdated template downloaded from the internet is a liability waiting to surface in Housing Court.

Are there building-wide compliance laws landlords forget about?

Yes — and they're growing. Beyond unit-level obligations, larger buildings face requirements like Local Law 97, which sets carbon-emissions limits for many buildings above a certain size and imposes penalties for exceeding them. If you own or are buying a larger multifamily building, understanding your compliance path is essential; our overview of Local Law 97 for landlords explains who's covered and what's required.

Other periodic obligations — façade inspections, boiler filings, elevator inspections, gas-line certifications — apply depending on the building. Tracking them is unglamorous but critical, and missing a filing can generate violations and fines that dwarf the cost of doing them on time.

What records should a NYC landlord keep?

In a dispute, your paperwork is your case — and in a heavily regulated market like New York, disputes are common enough that documentation is not optional. At minimum, keep organized, dated records of:

• Rent history and registrations — especially the DHCR registration history for stabilized units, which is the definitive record of a legal rent.
• Leases, riders, and required disclosures for every tenancy, including renewals.
• All communications with tenants — repair requests, notices, and responses, ideally in writing or through a portal that timestamps them.
• Repair and maintenance records, with invoices, so you can show conditions were addressed promptly.
• Move-in and move-out inspection reports and photos tied to security deposits.
• HPD and DHCR filings and any violation notices, along with proof of correction.

If a nonpayment case, an overcharge complaint, or an HPD violation ever lands in front of a judge or an agency, the owner with clean, contemporaneous records almost always fares better. Good property-management software makes this far easier — we run everything through AppFolio, which gives owners transparent, timestamped records and secure reporting. The habit costs almost nothing to maintain and can save a case.

How Yak Management helps you stay compliant

Compliance in New York City isn't a one-time project — it's an operating discipline. Rent-stabilization status, HPD registration, heat and hot water performance, Fair Housing screening, deposit mechanics, and building-wide filings all have to be managed continuously, and the penalties for slipping are real.

Rent-stabilized and subsidized housing is our specialty. We keep current on Fair Housing, HPD, DHCR, and landlord-tenant law so our owners don't have to become overnight experts, and our principals stay personally involved with the buildings we run. If you're a Brooklyn or NYC owner who wants a manager who treats compliance as seriously as you do, we'd welcome the conversation.

Schedule a property consultation or reach out to our team — we'll give you an honest read on where your building stands and what it needs to stay compliant and profitable.

This article is general information about New York City landlord-tenant law, not legal advice. Laws and enforcement change, and every situation is different. Consult a qualified attorney about your specific circumstances.