What a Landlord Cannot Do in New York: Rules & Laws

New York offers a unique blend of opportunities for both landlords and tenants. With rental prices often higher than the national average, it’s considered a landlord-friendly state. At the same time, its strong rent control and rent stabilization laws make it equally tenant-friendly.

Whether you’re a tenant looking to protect your rights or a landlord aiming to avoid legal pitfalls, understanding New York’s housing laws is crucial.

These laws are designed to maintain a fair balance, ensuring landlords provide essential services and tenants meet their rent obligations. But what exactly are the legal protections in place, and what actions could lead to potential legal action?

Read on to discover how New York’s landlord-tenant laws impact everything from lease agreements to eviction processes—so you can navigate your rental experience with confidence.

What a Landlord Cannot Do in New York?

New York’s housing laws set clear boundaries for landlords to ensure tenant protection and maintain fair housing practices.

From rent-regulated apartments to proper notice requirements, these regulations are designed to prevent illegal landlord actions and safeguard tenants’ rights. Whether it’s about rent stabilization, security deposits, or lease agreements, landlords must adhere to strict guidelines to avoid legal consequences.

1. A Landlord Cannot Evict an Active Duty Member in New York

Active duty military members and their families receive special legal protections under the Servicemembers Civil Relief Act (SCRA).

In New York, landlords cannot evict a tenant with military status, especially if unpaid rent is involved and the monthly rent is below a specific threshold. This threshold is adjusted annually based on interest rates and inflation, offering a safety net for service members facing financial challenges.

Before initiating an eviction process, landlords must secure a court order, ensuring that military personnel are not wrongfully displaced. The SCRA empowers courts to delay eviction proceedings or modify rent obligations if military service impacts the tenant’s ability to pay rent.

In some cases, this might mean a temporary reduction in rent or an extension of the lease term, providing additional support for service members and their families.

These legal protections are a vital part of New York’s housing laws, reflecting the state’s commitment to upholding the rights of those who serve the country.

2. A Landlord Must Not Enter a Rental Property Without Prior Notice

New York’s landlord-tenant laws emphasize the importance of respecting a tenant’s privacy. Landlords cannot simply enter a rental unit at will; they must provide proper notice and follow specific legal procedures.

Typically, landlords are required to give at least 24 hours written notice before entering a property, stating both the reason for entry and the expected time.

Exceptions to this rule are limited to emergencies, such as fires, floods, gas leaks, or other immediate threats to safety.

In such situations, landlords can enter without prior notice to address the danger. However, for routine inspections, repairs, or showing the property to potential tenants or buyers, adherence to the notice requirement is non-negotiable.

Tenants have the right to refuse entry if a landlord fails to provide appropriate notice or attempts to access the property without a legitimate reason. Infringements on a tenant’s right to privacy can lead to legal consequences, empowering tenants to seek legal advice or even pursue action through small claims court if their rights are violated.

3. Discrimination and Fair Housing Violations Are Strictly Prohibited

New York City’s landlords must adhere to the Fair Housing Act, which strictly prohibits discrimination against tenants based on race, sex, religious affiliation, national origin, familial status, or disabilities. Rejecting a rental application or treating tenants unfairly due to these protected characteristics is not only unethical but also illegal.

Fair housing laws are designed to create equal housing opportunities for all individuals, ensuring that personal attributes do not impact a person’s ability to secure a rental unit.

Landlords must apply consistent and unbiased criteria when evaluating prospective tenants, focusing solely on legitimate factors such as rental history, income, and references.

Tenants who believe they have faced discrimination can take decisive action by filing a complaint with the New York State Division of Human Rights or the U.S. Department of Housing and Urban Development.

These agencies investigate violations, and if discrimination is proven, landlords may face significant legal consequences, including fines and potential legal action.

4. Conducting Unlawful or Self-Help Evictions Is Not Permitted

In New York, eviction procedures are governed by strict legal standards designed to protect tenants’ rights.

Landlords must stick to a formal eviction process, which involves serving proper notice, filing a court action, and obtaining a court order before an eviction can legally occur. Skipping these steps or resorting to self-help measures can lead to serious legal consequences.

Self-help evictions, such as changing locks, shutting off essential services, physically removing a tenant, withhold rent or removing personal belongings are explicitly illegal. The eviction process requires landlords to follow due process, allowing tenants to respond to eviction notices and present their cases in court.

Only with a valid court order can a landlord proceed with eviction, and even then, the process must be conducted through legal channels, often involving law enforcement.

Tenants facing an illegal eviction attempt have the right to remain in their rental unit and can seek legal assistance to address the violation.

5. A Landlord Must Adhere to Rent and Security Deposit Regulations

New York’s rent control laws impose clear guidelines on rent increases and security deposit management to protect tenants’ financial interests.

Under current regulations, security deposits are limited to one month’s rent. While landlords are not required to collect a security deposit, many choose to do so as a precaution against potential damages to the rental property. Though providing a receipt is not mandatory, it is a common practice for transparency and organization.

When a lease agreement ends, landlords must return the security deposit within 14 days of lease termination. If deductions are made, such as for necessary repairs or unpaid rent, the landlord must provide an itemized list of damages and associated costs. Failing to deliver this list can lead tenants to seek legal advice or take action through small claims court.

Additionally, rent increases of 5% or more require landlords to give advance notice, with the notice period ranging from 30 to 90 days depending on how long the tenant has lived in the rental unit.

6. A Landlord Is Required to Maintain the Property in a Safe, Habitable Condition

New York State’s Warranty of Habitability ensures that every rental property remains safe, clean, and livable for tenants.

Landlords are legally obligated to maintain these standards, providing essential services such as heat, hot water, and electricity, as well as addressing necessary repairs promptly. These requirements are not just suggestions—they are critical components of a rental agreement that protect tenants’ rights.

When a landlord fails to meet these obligations, tenants are not left without options. They can file an HP Action, a legal process that allows tenants to sue their landlord in housing court to force repairs and restore essential services. This action is particularly crucial in cases where the landlord neglects to address safety hazards or provide critical utilities.

These legal protections ensure that tenants have their living conditions meet acceptable standards and take appropriate action if a landlord does not fulfill their responsibilities. This balance of duties and rights helps maintain a fair and respectful relationship between landlords and tenants in New York.

7. A Landlord Must Comply With Lease Agreement Terms

In New York, a lease agreement is a binding contract that sets the terms of a rental relationship.

Landlords are legally required to provide tenants with a copy of the lease within 30 days of signing, ensuring transparency and clarity from the start. This document outlines everything from rent payment schedules to maintenance responsibilities, serving as a critical reference for both parties throughout the lease term.

Once the lease is in place, landlords cannot change its terms without the tenant’s consent. Whether it’s adjusting the rent, altering the lease term, lease renewal, or modifying rules around the tenant’s personal property, all changes must be mutually agreed upon. Any attempt to unilaterally change conditions without proper notice or agreement is not only unethical but also a violation of New York’s housing laws.

If a landlord fails to comply with the lease agreement, tenants have the right to take legal action. This could involve seeking legal advice, filing a complaint with the local housing authority, or pursuing a case in small claims court.

8. Harassment and Intimidation of Tenants Is Not Allowed

New York law grants all legal tenants the “Right to Quiet Enjoyment,” ensuring they can live in their rental property peacefully and without undue disturbance. This right is a fundamental part of tenant protection, preventing landlords from engaging in behaviors that create an uncomfortable or hostile living environment.

Landlord harassment can take many forms, from frequent unwarranted visits and attempts to impose new rules without proper notice to persistent phone calls or in-person confrontations. Such actions not only violate the tenant’s right to quiet enjoyment but can also lead to serious legal consequences for the landlord.

Tenants who experience harassment or intimidation have several options to address the situation. They can document incidents of harassment, report the behavior to the local housing authority, and ultimately seek legal assistance.

In severe cases, tenants may pursue legal action through small claims court or request a court order to stop the harassment.

9. A Landlord Cannot Interfere With a Tenant’s Right to Organize

Under Section § 230 of New York State Real Property Law (RPP), tenants have the undeniable right to organize and participate in tenant groups or associations.

These groups often advocate for tenant rights, address common concerns, and provide a collective voice when dealing with landlords. The law ensures that landlords cannot interfere with or discourage tenants from joining such organizations.

Interference might include actions like penalizing tenants for attending meetings, restricting access to common areas, or attempting to impose fees for using shared spaces for group activities. New York’s housing laws clearly state that landlords cannot charge tenants for the use of on-premises common spaces when these areas are used for lawful tenant organization activities.

If a landlord attempts to obstruct a tenant’s right to organize, tenants can report this behavior to the local housing authority or seek legal assistance. Such violations not only undermine tenant protection but can also lead to significant legal repercussions for landlords who fail to comply with these regulations.

10. Misrepresentation and Fraud in Rental Agreements Are Illegal

Honesty and transparency are critical when it comes to rental agreements in New York. Both landlords and real estate brokers are legally obligated to provide accurate information about a rental property.

Any form of misrepresentation, whether intentional or due to negligence, can lead to serious legal consequences under New York state law.

For example, if a real estate broker is asked whether a rental property was recently inspected for pests and they respond affirmatively without conducting an actual inspection or investigation, this constitutes fraudulent misrepresentation. Such practices not only violate trust but also put tenants at risk, potentially leading to unsafe or unhealthy living conditions.

When fraudulent practices are uncovered, tenants have the right to seek legal action. They can consult a real estate attorney or report the incident to the local housing authority.

New York’s housing laws provide strong legal protections to ensure tenants are not deceived during the rental process and to hold landlords accountable for dishonest practices.

Conclusion

Understanding New York’s landlord-tenant laws is important for both landlords and tenants. These laws help make sure rental agreements are fair and legal.

Landlords must respect tenant privacy, follow rent rules, and use legal steps if they need to evict someone. Breaking these rules can lead to serious legal problems.

Tenants have strong legal rights that protect them. These rights cover lease agreements, security deposits, and basic services like heat and water.

For landlords, knowing these laws helps them avoid legal trouble and build good relationships with tenants. For tenants, understanding their rights can help them solve problems and get legal help if needed.

If you are a landlord or business and need to check if a tenant is in the military under the Servicemembers Civil Relief Act (SCRA), SCRACVS can help. Our simple process makes sure you follow the law while giving you fast and accurate results. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

Can a New York landlord refuse to rent to someone with children?

No, under the Fair Housing Act and New York State law, landlords cannot refuse to rent to someone based on familial status, including having children. Discriminating against tenants with children is considered a violation of fair housing laws, which protect families from being unfairly denied housing opportunities.

Can a tenant refuse entry to a landlord in NY?

Yes, tenants in New York can refuse entry to a landlord if the landlord does not provide proper notice. Landlords are generally required to give at least 24 hours notice before entering a rental unit, except in emergencies such as a fire, flood, or gas leak.

Are there limits on late fees a landlord can charge in New York?

Yes, New York law limits the amount a landlord can charge for late rent payments. Late fees cannot exceed 5% of the monthly rent or $50, whichever is less. Additionally, landlords cannot charge late fees until the rent is at least five days late.

Can a landlord in New York refuse to make repairs?

No, New York landlords cannot refuse to make necessary repairs that affect the safety, health, or habitability of the rental unit. Under the Warranty of Habitability, landlords must maintain essential services like heat, hot water, and electricity. If a landlord fails to make required repairs, tenants can file an HP Action in housing court to compel the landlord to address the issues.

How much time does a landlord have to give a tenant to move out in NY?

The amount of notice a landlord must provide depends on the reason for eviction and the length of the tenant’s residency. Typically 30 days’ notice is given, if the tenant is being evicted for violating the lease or for nonpayment of rent, the landlord must follow the legal eviction process, which includes serving proper notice and obtaining a court order.

Can a landlord say bad things about you?

While landlords can provide honest and factual information about a tenant’s rental history, they cannot spread false or defamatory statements. If a landlord shares untrue information that harms a tenant’s reputation or prevents them from securing future housing, it could be considered defamation.