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HousingExplainer

Renters' rights in New York City

Your main rights as a tenant in New York City: deposits and fees, rent-stabilized and market-rate leases, the 2026–27 rent freeze for stabilized apartments, Good Cause Eviction, heat and hot water, repairs, harassment and lockouts, and where to get free legal help.

Checked 8 Oct 2026
Applies to
Tenants in New York City. Some rules apply to every tenant (deposits, fees, heat, habitability); others depend on whether your apartment is rent-stabilized, covered by Good Cause Eviction, or neither.
Effort
Medium effort
Time needed
About 30 minutes to check which rules apply to your apartment
Cost
Checking your rent history, calling 311 and Right to Counsel lawyers in Housing Court are free.
Where
New York City, United States
On this page
  1. Overview
  2. Before you start
  3. Documents you need
  4. Rules for almost every tenant
  5. Heat, hot water and repairs
  6. Rent-stabilized apartments
  7. Market-rate apartments and Good Cause Eviction
  8. Harassment, lockouts and eviction
  9. Discrimination
  10. Watch out
  11. Common mistakes
  12. Tips
  13. Frequently asked questions
  14. Official links
  15. In your plan
  16. Sources
  17. Related guides

New York City tenants are protected by New York State law (security deposits, fees, notices, habitability), City law (heat and hot water, the Housing Maintenance Code, the FARE Act on broker fees) and, for many apartments, rent stabilization or the newer Good Cause Eviction law. Your rights do not depend on your immigration status, and New York City's free tenant legal services are available regardless of status.

First work out which kind of apartment you rent: rent-stabilized (common in buildings with six or more units built before 1974), market-rate and possibly covered by Good Cause Eviction, or another type such as public housing, a condo or a co-op.

Before you start

  • Your lease, if you have one, and your rent receipts

Documents you need

  • Your lease and any renewal or rider

    optional
  • Rent receipts or bills showing your address

    optional

Rules for almost every tenant

  • Security deposit: at most one month's rent. For apartments that are not rent-regulated, the landlord must return it within 14 days after you move out, with an itemized statement of any deductions for damage beyond normal wear and tear; otherwise the full deposit must be returned.
  • Application fee: at most $20 for a background and credit check.
  • Broker fees: a broker working for the landlord may not charge you (FARE Act, since 11 June 2025).
  • Late fees: rent is only late after five days, and a late fee may not exceed $50 or 5% of the monthly rent, whichever is less.
  • Roommates: a landlord may not limit occupancy to the tenant named on the lease; with one named tenant you may share with immediate family, one additional occupant and that person's dependent children, and you must tell the landlord the occupant's name within 30 days.
  • Habitability: you have the right to a livable, safe and sanitary home, and a lease clause waiving it is void.
  • Retaliation: a landlord may not retaliate against you for a good-faith complaint or for joining a tenant association.

Heat, hot water and repairs

From 1 October to 31 May (heat season), when it is below 55°F outside, your apartment must be at least 68°F between 6 a.m. and 10 p.m., and at least 62°F between 10 p.m. and 6 a.m. regardless of the outdoor temperature. Hot water at a constant minimum of 120°F is required all year.

Tell your landlord or super first. If nothing happens, call 311 (or use 311 online); the City's housing agency HPD can inspect and issue violations. You can also complain if your building's super or janitor is not available or the emergency contact is not posted.

Rent-stabilized apartments

Rent-stabilized tenants have the right to renew their lease, and increases on renewal are capped by the Rent Guidelines Board. For one-year and two-year leases starting between 1 October 2026 and 30 September 2027, the Board set the increase at 0% (Order 58, adopted 25 June 2026). For leases that started in the previous year, the increases were 3% (one year) and 4.5% (two years).

You must receive a fully signed copy of your lease within 30 days and a rent stabilization rider explaining how the rent was calculated. To check whether your apartment is stabilized, request its rent history from New York State Homes and Community Renewal (HCR) online through the Ask HCR portal, by phone at 833-499-0343 or by email; if the unit is stabilized, the history is mailed to the apartment.

Market-rate apartments and Good Cause Eviction

For apartments that are not rent-regulated, a landlord who raises the rent by more than 5% or does not renew your lease must give written notice: 30 days if you have lived there under a year, 60 days for one to two years, 90 days for two years or more.

Since April 2024, many market-rate tenants in New York City are also covered by Good Cause Eviction. Covered tenants can generally only be evicted or refused a renewal for a reason listed in the law, such as non-payment or a serious lease violation, and a rent increase above the local rent standard is presumed unreasonable. As of 4 May 2026, the standard is 8.38% (inflation of 3.38% plus 5%, capped at 10%). The law does not cover, among others, landlords owning 10 or fewer units, homes built on or after 1 January 2009, condos and co-ops, and apartments renting above 245% of Fair Market Rent. Your landlord must tell you in writing whether the law applies when offering or renewing a lease.

Harassment, lockouts and eviction

Only a court can order an eviction, and only a sheriff, marshal or constable may carry it out. A landlord may not lock you out, remove your belongings or cut off essential services; call 911 if you are illegally locked out.

If you receive court papers, act immediately. New York City's Right to Counsel program gives tenants facing eviction in Housing Court free legal help in every ZIP code, regardless of immigration status: say "I would like an attorney" at your first court appearance, call 311 and ask for the Tenant Helpline, or call Housing Court Answers (718-557-1379 or 212-962-4795, Monday to Friday, 9 a.m. to 5 p.m.).

Discrimination

Landlords in New York City may not discriminate against you because of characteristics such as race, national origin, disability, age, immigration status or lawful source of income, including rental subsidies such as Section 8. You can report discrimination to the NYC Commission on Human Rights (212-416-0197).

Watch out

Never withhold rent without advice; in Housing Court, non-payment can lead to eviction even if repairs are outstanding. Get legal help first.

Keep copies of every lease, notice, receipt and complaint number; they are your evidence.

Common mistakes

  • Assuming an apartment is market-rate without checking the rent history.
  • Ignoring court papers or a 14-day rent demand.
  • Accepting a renewal with a large increase without checking whether Good Cause Eviction applies.

Tips

  • Write to your landlord about repairs by email or letter so you have a record, and note the 311 complaint number.
  • Join or start a tenant association; landlords may not interfere with it.
  • The NY Attorney General's tenant hotline is (800) 771-7755.

Frequently asked questions

Editorial answers written by our team, based on the sources below.

My landlord offered a renewal with a 10% increase. Is that allowed?

If your apartment is rent-stabilized, no: renewals starting between 1 October 2026 and 30 September 2027 have a 0% guideline. If it is market-rate and covered by Good Cause Eviction, an increase above 8.38% (May 2026 standard) is presumed unreasonable, though a court decides in the end. If neither applies, the landlord can propose it but must give the required written notice. Call 311 and ask for the Tenant Helpline for advice.

Do these rights depend on my immigration status?

No. Tenant protections apply to tenants regardless of status, and Right to Counsel services are free and available regardless of immigration status.

In your plan

  • Check which tenant rules apply to your apartment
  • Find a long-term home and sign a lease

Sources

Written and checked by HomiStart editorial against the official sources below. Next scheduled check: 6 Jan 2027.

  1. New York State Office of the Attorney GeneralOfficial source
    Residential Tenants' Rights Guide (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  2. NYC Department of Consumer and Worker ProtectionOfficial source
    Fairness in Apartment Rental Expenses (FARE) Act FAQ (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  3. NYC Department of Housing Preservation and DevelopmentOfficial source
    Heat and Hot Water Information (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  4. City of New York (NYC311)Official source
    Janitor or Super Not Available (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  5. NYC Rent Guidelines BoardOfficial source
    Order #58 – Apartment and loft guidelines for leases commencing between October 1, 2026 and September 30, 2027 (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  6. NYC Rent Guidelines BoardOfficial source
    Apartment and loft guidelines for leases commencing between October 1, 2025 and September 30, 2026 (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  7. NYC Mayor's Public Engagement UnitOfficial source
    Rent Stabilization (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  8. NYC Department of Housing Preservation and DevelopmentOfficial source
    Good Cause Eviction (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  9. New York State Homes and Community RenewalOfficial source
    Good Cause Eviction (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  10. NYC Human Resources Administration – Office of Civil JusticeOfficial source
    Legal Services for Tenants (Right to Counsel) (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  11. NYC Department of Housing Preservation and DevelopmentOfficial source
    New York City Tenant Bill of Rights (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  12. NYC Commission on Human RightsOfficial source
    NYC Commission on Human Rights (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026

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