New York - Roost

New York renters rights laws

Rights, rules and responsibilities for where you live

Knowing your rights as a renter (often referred to as tenant rights) helps protect you from housing discrimination or unfair practices like rent or fee gouging. It also helps ensure you always have a clean, safe place to live and that there's no confusion about which responsibilities are yours and which are your landlord's.

Every state's laws are a little different; read on for details about New York's.

Roost tip: Some cities and counties have additional rental and housing rules. If you need more specifics or have questions after reading the info below, it might be a good time to chat with an expert (an attorney that's focused on tenant/renter laws).

Your responsibilities

While lease agreements tend to be pretty lengthy, we strongly recommend you get yourself a tasty beverage, find a comfortable chair, and read the lease—at least three times. If this is your first time renting or the lease feels especially overwhelming, fear not. We’ll walk you through a couple of things to look out for.

As a renter, you have essentially agreed to pay a monthly rent to the owner of the house or apartment serving as your home. First and foremost, pay this rent! By signing a lease, you’re contractually obligated to submit this payment each and every month that you live at this home. 

While rent is your number one responsibility, there may be other things that you need to take care of, depending on what you agree to in your rental agreement/lease. For example:

  • Electricity 
  • Water
  • Gas
  • Trash
  • Yardwork (Cutting the grass, trimming the trees, etc.)
  • Parking
  • Renter insurance
  • Cable & Internet
  • Snow removal (if applicable)

Depending on how your lease reads, you may be expected to pay for or perform the work yourself. If you’re not comfortable doing so, try to negotiate in advance of signing a lease. (Some cities also required landlords to cover the cost of certain utilities so check your city or state website to confirm.)  It’s okay if you are not comfortable paying for or performing these responsibilities—try and negotiate with the landlord if possible. If you cannot come to an agreement on the terms of the lease agreement, shop around for a home and landlord that is willing to work with you.

Roost Tip! For a more comprehensive look, take a look through the statutory language that governs renter duties, which lives in New York State’s code: NY RPL §235.

Your landlord's responsibilities

Your landlord’s responsibilities begin when the lease is signed and continue until shortly after you move out. At a minimum, the landlord is responsible for providing you with an acceptable place to live (NY RPL §235-b). This means the rental unit must be, by legal standards, relatively clean and safe.

The landlord must also take care of things like trash and utilities (basically, everything mentioned above under “Renter Responsibilities”) unless they’ve been specifically outlined as your responsibility in the lease. If there’s no language in the rental agreement that specifically requires you, as the renter, to mow the grass outside your rental unit, it is safe to assume that your landlord will take care of it. If there is any confusion about who is responsible for what, it’s a good idea to talk with your landlord before signing the lease.

Under New York law, landlords are also required to share specific information with tenants, like which deposits or fees are non-refundable and who is allowed to perform work on your unit on behalf of the landlord. Landlords will generally satisfy this legal requirement by noting it somewhere in the lease agreement (NY RPL §225).

Rental repairs and maintenance

In general, most landlords want to keep their rental units in decent shape. The longer they delay repairs, the more it costs them in the future. Here's Roost's guide on how to request repairs from your landlord, and here’s what you need to know specifically about New York:

  • Landlords are generally allowed to enter your rental unit to make repairs, but the tenant is responsible for granting access to the unit.
  • While there is no statute in place to allow access with advanced notice, blocking access to units could relieve the landlord of their obligation to make repairs (NY MRL §174).ou should never feel like you have to let them in if they show up announced. 

Example Repair

Who’s usually responsible? 

A leak in the roof or ceiling

Landlord

Paint mistakenly splashed on the walls

Tenant

Broken steps to the front door

Landlord

Light bulbs burned out in your unit

Tenant

Broken water heater or dishwasher

Landlord

Power outage due to loose wiring

Landlord

Rental security deposits

In New York, there is no limit on the amount of security deposit a landlord can require. The amount they set is likely influenced by what other units are available to rent but overall, they can set whatever number they feel most comfortable with as the deposit on a unit. (For alternatives to paying a full upfront security deposit, check out companies like Rhino and The Guarantors.) It’s up to you as the tenant to accept this number or move on to other rental units instead.

When do you get your security deposit back after you move out? Assuming you leave your unit in good shape and have not missed any rent payments, your landlord must return your security deposit (minus any deductions) within 45 days after you have moved out of the rental unit. If the landlord does not comply, then they forfeit any rights to the deposit and may end up having to pay out double the deposit if the courts deem it fitting (NY GOL §§ 7-103 to 7-108). Read Roost's How to get your security deposit back for additional tips.

Rental agreements: rent increases, payment, and fees

If you are entering into a new rental situation, it’s very important to understand the financial side of your new living arrangement. While most people tend to base their decision on the rent amount, don’t be surprised if your landlord requires you to pay other fees. These include:

  • Security deposit - New York law is silent on a limit for this and the market can often drive this fee up, but landlords will generally comply with the law as stated above.
  • Screening fee - generally permitted under state law, but must be in writing and advance notice.
  • Late rent fees - Late fees are allowed in New York, but can only be charged if rent is more than 5 days late. The amount is limited to $50 or 5% of the monthly rent, whichever is less.
  • Cleaning fee - generally permitted under state law, but must be in writing and advance notice.
  • Application/reservation fee - generally permitted under state law, but must be in writing and advance notice.
  • Rent increases - Rent increases must be in writing and with advance notice of lease renewal, which must occur at least 90 days ahead of lease termination. Additionally, recent legal reform now limits the increase in rent to 2%.
  • Pets - Check your lease before you get a pet. New York law doesn’t require landlords to accept pets, and if you don’t get permission in advance, it can be considered a violation of your lease and be cause for eviction. Additional pet rent or pet security deposit is not uncommon.
  • Emotional support and service animals - If you have a mental or emotional disability, federal laws state landlords must make “reasonable accommodations”, which can include an emotional support or service animal. There are a few exceptions and this tends to be a pretty tricky area for both renters and landlords to navigate together, so be upfront about what you need and follow all required steps. Landlords cannot charge you extra for an emotional support or service animal.  
  •  

Roost Tip! Make sure to factor these types of fees into your rental budget before signing on the dotted line. Also, make sure you know whether or not your landlord requires you to purchase renters insurance.

Read Roost's What to know before signing that rental lease for additional tips.

Rent termination and eviction

Once you’ve moved into your rental unit, the place is yours until your lease is up, your landlord terminates the rental agreement early, or you’re evicted. Eviction is an unpleasant process for everyone, so it’s best for you and your landlord to do everything you can to avoid it. Being evicted makes it hard to find housing, can affect your credit, and does not relieve you from paying rent unless the landlord finds someone new to move in.

In the event that the leasing period ends, and you wish to terminate your rental agreement, you must inform the landlord prior to the termination that you are wishing to not renew the lease. This period is generally 30 days prior notice (NY RPL §232-a, 232-b).

In the case of a domestic violence or sexual assault complication, a tenant is allowed to terminate the lease, as long as 10 days’ notice is given to the landlord. In this instance, the tenant would be released from any further rental payments once the lease is broken and you leave the premises (NY RPL §227-c).

Your landlord can only evict you under certain circumstances. The most common reasons for eviction are missing rent or violating the lease (unauthorized pets or occupants--things like that).  However, they can’t simply change the locks, dump your stuff on the front yard and kick you out. In order to legally evict you, a landlord must follow proper procedures and serve you an eviction notice before you are required to move out of your rental unit. The process includes:

  • Giving you a notice of a lease violation that requires 14 days to cure missed rent or 30 days to fix lease violation; 
  • If a lease violation is not fixed in a reasonable amount of time, the landlord can file for eviction;  
  • If a court finds in favor of the landlord, the tenant will need to move out within 30 days;
  • If the tenant does not move out, the landlord can get assistance from the local authorities.

Renting with roommates

Sometimes your roommate situation just doesn’t work out. Unfortunately, you’re both responsible for the lease, and in many ways, you’re both responsible for each other’s actions. Depending on how your rental agreement is written, if your roommate bails, you could be stuck having to pay the full rent on your own. While you can use legal action to go after your former roommate, you may still have to pay full rent when it’s due.

One of the most common questions that comes up when there’s a problem with a roommate is whether you can evict them. In short: no. If your roommate’s name is on the lease as a tenant, you cannot kick them out, so sending an eviction notice would be pointless. If they are not on the lease, they may not be considered a tenant, which technically means they don’t have any legal obligations to fulfill in regards to your lease anyway. 

On top of this, you may not have any other members outside of those listed on the leasing contract living in the unit as well. A person is considered to be living at the unit if they stay for more than 7 days consecutively. If a person is found to be living within the unit without consent of the landlord, a penalty may be incurred, and may even lead to an eviction occurring.

Rental housing discrimination

Thanks to Fair Housing laws in New York, you’re protected from discrimination when applying for a rental (42 U.S.C. 3601). This means that the landlord or property manager can’t base their decision any of the following: 

  • Race
  • Color
  • National Origin
  • Religion
  • Sex/Gender
  • Gender Identity
  • Marital Status
  • Sexual Orientation
  • Presence of Children
  • Disability
  • Military/Veteran Status

Despite these protections, some people find a way to use a negative background check or a credit report as cover for discrimination. If you feel like any of the above factors were actually the reason why you were denied a place, you may want to talk with an attorney.

COVID-19

A number of states, including New York, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. New York Governor Andrew Cuomo issued a new executive order in May that extended the statewide moratorium to August 20th. Included in the moratorium: 

  • Protection from eviction for both residential and commercial tenants. 
  • All pending evictions are halted and landlords are barred from issuing a court order for eviction. 
  • Rent payments are not canceled, and if you can, you should still pay your rent. 

Note: The extension of the moratorium would only apply to tenants who qualify for unemployment benefits or who are experiencing financial hardships as a result of COVID-19. For additional resources and FAQs about your status as a renter in New York, read learn more.

Federal protection

The Trump administration recently announced a new executive order for a rent moratorium through the end of the 2020 year. The order was put forward by the Centers for Disease Control to help prevent Covid-19 spread. Under the updated directive, families must prove they tried to pay their rent and that eviction would force them into a shelter or close quarters with others. If this covers you, then you’ll need to attest to your situation and a substantial loss of income on a form. Forms are to come available via the CDC website.

The order does not waive any rent debt — it just defers it — still leaving many renters vulnerable. And, it still allows landlords to charge fees, penalties, and interest, according to the draft document posted on September 1st.

The executive order covers more renters than the former CARES Act moratorium which only protected those living in housing with a federally backed mortgage loan, public housing, Section 202 housing for the elderly, Section 811 housing for people with disabilities, rural rental housing, Section 8 Housing Choice Voucher, USDA housing voucher, or VA voucher. That Act protection expired on July 25, 2020.

The executive order covers more renters than the former CARES Act federal moratorium on evictions which only protected those living in housing with a federally backed mortgage loans, public housing, Section 202 housing for the elderly, Section 811 housing for people with disabilities, rural rental housing, Section 8 Housing Choice Voucher, USDA housing voucher, or VA voucher. That Act protection expired on July 25, 2020.

Stay tuned... Congress is currently working on a bill called the CARES Act 2, which could afford more protection for renters if passed.

Community resources

If you need some more information, check out some of the resources listed below: 

State rules and regulations

Advertising disclosure
You probably already know that we’re not a law firm, but just to make sure we get this out of the way: We can’t provide any advice or opinions about possible legal rights, remedies, defenses, options, selection of forms, or strategies. And by hanging out with us here at Roost, you agree to our Legal disclaimer.
Last Updated: May 26th, 2020