The Complete New York Landlord Legal Guide for 2026
New York has, for residential landlords, the most aggressively pro-tenant statutory regime in the United States, and it changed dramatically in June 2019 when the Housing Stability and Tenant Protection Act (HSTPA) reset deposit caps, notice periods, late fees, application fees, and rent regulation in one sweep. Then in April 2024, Good Cause Eviction expanded just-cause protections statewide. A small New York landlord in 2026 cannot rely on a pre-2019 lease template and cannot rely on a generic national one. Our team audited the New York statutes and city codes a residential landlord touches, and this guide pulls the core requirements into one place.
Nothing here is legal advice. It is a plain-English summary with full citations so you can verify anything yourself.
This guide is written for small New York landlords in three profiles. The owner of a brownstone, two-family, or small multi-family in one of the five boroughs renting without a property manager. The upstate landlord with a single-family home or duplex in Albany, Buffalo, Rochester, Syracuse, or any of the smaller markets. The accidental landlord who inherited a property, relocated, or decided to rent rather than sell.
If your unit is in a rent-stabilized building, your unit was rent-controlled before 1971, your building has six or more units in NYC and was built before 1974, or you operate in a city that has opted into Good Cause locally, the rules layered on top of the statewide framework are stricter and a state-level summary is not enough. Treat this guide as a baseline and check whether rent stabilization, rent control, or local Good Cause apply before relying on it alone.
## NY Real Property Law and the rent regulation overlay
New York's residential landlord rules sit in three different statute books and two regulatory regimes that overlap depending on where the unit is.
The statewide baseline is the New York Real Property Law (RPL) and the General Obligations Law (GOL). RPL Article 7 covers the landlord-tenant relationship for unregulated units across the state. GOL 7-103 governs security deposits. The Real Property Actions and Proceedings Law (RPAPL) governs evictions, particularly RPAPL 711 (holdover and non-payment) and RPAPL 753 (stays).
Stacked on top of RPL, in specific buildings, is the rent regulation system. Rent control covers a small and shrinking pool of pre-1947 NYC units occupied continuously since before July 1971. Rent stabilization is the much larger overlay covering most NYC buildings of six or more units built before 1974, plus opt-in buildings in Nassau, Rockland, and Westchester counties. Stabilized rents and renewals are set annually by the NYC Rent Guidelines Board, not by the landlord. If your unit is stabilized, almost nothing in a market-rate lease template is correct, and you need DHCR-compliant forms.
Then in April 2024, the Good Cause Eviction Law (RPL 226-c) added a third layer: a statewide just-cause-style overlay that limits "unreasonable" rent increases and requires a permitted ground for non-renewal in covered units. NYC opted in by default; other municipalities can opt in by local law. Good Cause has its own exemptions, including small-landlord, owner-occupied, new construction (post-2009 in NYC), and luxury thresholds.
A New York lease in 2026 has to be drafted with this overlay in mind. Treating an unregulated upstate single-family the same as a stabilized Bronx walk-up will produce a lease that is wrong for both.
## Security deposit rules (NY GOL 7-103)
Security deposits are the area where pre-HSTPA New York leases age fastest, because the rules changed in three significant ways at once in June 2019.
The one-month cap
Under N.Y. Gen. Oblig. Law 7-108(1-a)(a), as added by HSTPA, no landlord of a residential unit may demand or receive a deposit or advance in an amount that exceeds one month's rent. This applies statewide, to regulated and unregulated units alike. Two-month deposits, last-month-plus-one-month structures, and pet-deposit add-ons that push the total over one month are not permitted.
The cap is per-tenancy, not per-tenant. A two-bedroom rented to two roommates is still capped at one month total.
14-day return and itemization
Under GOL 7-108(1-a)(e), the landlord must return the deposit, less any lawful deductions, within 14 days after the tenant vacates. If any portion is withheld, the landlord must provide an itemized written statement describing the basis for the deduction.
If the landlord does not provide the itemized statement and return the balance within 14 days, the right to retain any portion of the deposit is forfeited (GOL 7-108(1-a)(g)). This is a hard forfeiture, not a soft one. Late return alone, without bad faith, can cost the landlord the entire deposit.
Inspection right
Under GOL 7-108(1-a)(c), the tenant has a right to a written inspection at the start of the tenancy and another within a reasonable time before the end of the tenancy. The landlord must give written notice of these rights. Skipping the offer is a common violation our team sees in audits.
Escrow
Under GOL 7-103(1) and (2), residential security deposits remain the property of the tenant and must be held by the landlord in trust. For buildings of six or more units, deposits must be placed in an interest-bearing account in a New York bank, and the tenant is entitled to interest at the prevailing rate, less a one percent annual administrative fee to the landlord. The landlord must give the tenant the name and address of the bank and the amount of the deposit.
For buildings under six units, an interest-bearing account is not strictly required, but the deposit still cannot be commingled with the landlord's personal funds. Commingling alone can be treated as conversion.
## Notice to vacate and termination rules
HSTPA also rewrote the notice clock. The notice periods that small landlords used for years before 2019 are no longer correct.
14-day notice for non-payment
Under RPAPL 711(2), as amended by HSTPA, a landlord may not commence a non-payment proceeding without first serving a 14-day written notice demanding the rent. Before HSTPA the demand was 3 days. Any 3-day notice, oral demand, or shorter written demand served in 2026 will not support a non-payment petition.
The 14-day notice has to state the amount owed, identify the rental period, and give the tenant 14 days to either pay or vacate. It must be served by personal delivery, by leaving a copy with someone of suitable age at the premises and mailing a copy, or by affixing the notice and mailing a copy.
30, 60, and 90-day no-fault notices
Under RPL 226-c (as amended by HSTPA), the required termination or non-renewal notice depends on how long the tenant has occupied the unit, regardless of whether the unit is regulated.
- Less than one year of occupancy and a lease term of less than one year: 30 days' written notice.
- One year of occupancy or a lease term of at least one year but less than two: 60 days' written notice.
- Two years or more of occupancy or a lease term of at least two years: 90 days' written notice.
These periods apply to non-renewal of a lease, termination of a month-to-month, or any rent increase above 5% (see next section). They are minimum notice; longer notice in the lease is enforceable, shorter is not.
Holdover proceedings
A holdover, where the tenant remains after the lease ends without a new agreement, is governed by RPAPL 711(1). A landlord cannot self-help: there is no lawful lockout or utility shutoff in New York. Eviction must go through housing court, with judgment and a marshal or sheriff carrying out the warrant. Unlawful eviction is a Class A misdemeanor under NYC Admin Code 26-521 and exposes the landlord to treble damages.
Rent increase rules are now driven by three separate regimes, depending on the unit.
Statewide cap presumption under Good Cause (RPL 226-c)
Good Cause Eviction, codified at RPL 226-c (as added by chapter 56 of the Laws of 2024), applies in NYC by default and in any other municipality that has opted in by local law. In covered units, an "unreasonable" rent increase is presumed to occur if the increase exceeds the lesser of 10% or 5% plus the regional CPI in any 12-month period. An "unreasonable" increase is a defense to a non-renewal proceeding and effectively functions as a soft cap.
Good Cause has carve-outs that exclude many small landlord situations. The most important: units owned by a "small landlord" of ten or fewer units across the state, owner-occupied buildings of up to ten units, units rented above a high-rent threshold (set as a multiple of fair market rent and adjusted annually), buildings issued a certificate of occupancy on or after January 1, 2009 in NYC (with parallel rolling new-construction exemptions in opt-in cities), units already covered by rent stabilization or rent control, and units subject to other rent regulation regimes such as Mitchell-Lama or HUD-assisted housing.
If your unit is exempt from Good Cause, you must give the tenant a written notice of exemption with the statutorily required language. Without that notice, the unit is treated as covered.
NYC rent stabilization
For rent-stabilized units in NYC, the increase is set by the NYC Rent Guidelines Board (RGB) annually. The landlord cannot exceed the published rate. As of 2025, the RGB has set one-year and two-year renewal increase rates published each June and effective for leases starting October 1 forward. Stabilized renewal offers must be served on a DHCR-prescribed form within the 90 to 150 day window before lease expiration.
Notice to raise rent
Under RPL 226-c(2), a landlord must give written advance notice for any rent increase of 5% or more, with the same 30, 60, or 90 day periods tied to occupancy length described above. For increases under 5%, no statutory advance notice is required, but the lease may impose one and our team's templates do.
For market-rate fixed-term leases, rent cannot be raised mid-term unless the lease reserves the right.
## HSTPA, the Housing Stability and Tenant Protection Act of 2019
HSTPA is the single most important statute change for New York residential landlords in the last forty years. Many lease templates still circulating in 2026 predate it. Here is what HSTPA changed in one place.
- Security deposit cap dropped to one month statewide (GOL 7-108(1-a)(a)).
- Deposit return must occur within 14 days with itemized statement, or the right to deduct is forfeited (GOL 7-108(1-a)(e), (g)).
- Non-payment demand extended from 3 to 14 days (RPAPL 711(2)).
- Termination notice scaled to 30, 60, or 90 days based on occupancy length (RPL 226-c).
- Application fees capped at 20 dollars statewide and limited to actual cost of background and credit checks (RPL 238-a(1)(b)).
- Late fees capped at the lesser of 5% of the monthly rent or 50 dollars (RPL 238-a(2)).
- Rent regulation expanded statewide opt-in eligibility to every municipality and abolished vacancy decontrol, vacancy bonuses, and most preferential rent loopholes.
- Eviction stays under RPAPL 753 broadened, allowing courts to grant up to one year stays for hardship in residential cases.
The practical takeaway: any lease, notice, or addendum drafted before June 2019 should be assumed wrong on at least one of these dimensions. Our team flags pre-HSTPA templates as the single most common defect in New York lease audits.
New York layers disclosure obligations heavily, especially in NYC. The core disclosures our team includes in a New York residential lease.
Lead-based paint disclosure (federal, 42 U.S.C. 4852d, 24 C.F.R. part 35 subpart A). Required for any residential unit built before 1978. The EPA pamphlet "Protect Your Family From Lead in Your Home" must be provided, and both parties sign the federal form.
Bedbug disclosure (NYC). Under NYC Administrative Code 27-2018.1 and the implementing rule, owners of multiple dwellings in NYC must furnish each tenant at lease signing with the most recent annual bedbug infestation history of the building (the DHPD-prescribed Bedbug Annual Report). The annual filing itself is also required.
Window guard disclosure (NYC). Under NYC Health Code 131.15 and Housing Maintenance Code 27-2043 et seq., owners of multiple dwellings in NYC must annually distribute a window guard notice to tenants and install window guards on request or where any child ten years of age or younger resides. The lease must contain the window guard rider in the form prescribed.
Sprinkler disclosure (statewide). Under RPL 231-a, every residential lease must contain a conspicuous notice stating whether the leased premises has a maintained and operative sprinkler system, and if so, the date of last inspection.
Smoke and carbon monoxide detectors. RPL 235-bb and Executive Law 378(5) require functioning smoke detectors at the start of each occupancy. Multiple Residence Law 15 and NYC HMC 27-2045 govern installation and maintenance details.
Allergen disclosure (NYC). Under NYC Admin Code 27-2017.5 (Local Law 55 of 2018), owners of multiple dwellings must distribute the annual indoor allergen disclosure notice to tenants and inspect for indoor allergen hazards.
Mold (NYC) and window registry (statewide multiple dwellings). Under NY Multiple Dwelling Law 211-d and NYC Local Law 31, NYC owners must maintain a window registry and conduct mold and lead-based paint inspections. NYC Local Law 55 also requires annual inspection for mold in multiple dwellings.
Stove knob covers (NYC). Under NYC Admin Code 27-2046.4, owners of multiple dwellings must offer stove knob covers to tenants where a child ten years of age or younger resides, with annual notice.
Fire safety notice (NYC). Under NYC Admin Code 27-2056.18 and 28-315.6, certain NYC building classes require posting and distribution of a fire safety guide and notice.
Truth in renting (NYC). Owners of NYC multiple dwellings must provide an "Apartment Renting and Rights" booklet in the form prescribed by the NYC Department of Housing Preservation and Development at lease signing.
Other disclosures, including flood disclosure under RPL 231-b for properties in flood-prone areas (effective June 2023), and HUD lead pamphlet for pre-1978 federally assisted units, apply when the facts are present.
Under RPL 238-a(2), as added by HSTPA, a residential landlord may not impose a late fee unless the rent is at least five days overdue, and the late fee may not exceed the lesser of 5% of the monthly rent or 50 dollars. The cap applies statewide, to regulated and unregulated tenancies.
The cap is hard. A 75 dollar late fee is unlawful even if the lease says otherwise. A daily-stacking late fee that adds up to more than the cap is unlawful. A late fee that triggers on day one or day three is unlawful, since the tenant is entitled to a five-day grace period by statute.
A lease clause that purports to charge more is unenforceable to the extent it exceeds the cap, and our team strikes it from any New York template we audit.
Under RPL 238-a(1)(b), as added by HSTPA, a residential landlord may not charge any fee, charge, or payment for processing, reviewing, or accepting an application, in excess of 20 dollars. The fee is also limited to the actual cost of obtaining a background check and credit check from a consumer reporting agency, and the landlord must provide the tenant with a copy of the report or a written waiver in lieu.
The 20 dollar cap is statewide. There is no carve-out for luxury units, market-rate vacancies, or competitive markets. A 75 dollar application fee charged in any New York unit in 2026 is unlawful, period.
A small-landlord exception does not exist for application fees. Even an owner renting a single upstate unit is bound by the cap.
Across the New York leases our team has audited, three mistakes come up over and over.
Using a pre-HSTPA template. A lease drafted before June 2019, or copied from a national template that has not been updated, almost always has the wrong deposit cap (two months instead of one), the wrong non-payment notice (3 days instead of 14), the wrong late fee (often 50 to 75 dollars flat with no five-day grace), and an application fee well over 20 dollars. Each of these is independently unlawful and exposes the landlord to fee-shifting and forfeiture.
Missing NYC-specific disclosures. Generic state-level templates omit the bedbug annual report, window guard rider, allergen disclosure, stove knob cover notice, and Apartment Renting and Rights booklet. NYC HPD treats these as separate violations, and tenants raise them as defenses in housing court.
Wrong notice period for non-renewal or termination. Landlords serve 30-day notices to tenants who have lived in the unit for two years, where RPL 226-c requires 90. They serve termination notices to rent-stabilized tenants without a permitted ground or DHCR-compliant renewal offer. Each invalidates the proceeding and resets the clock.
## When to consult an attorney
This guide and a properly drafted post-HSTPA template can get a small New York landlord through a clean tenancy start. Our team would stop and tell you to pay for an hour of an attorney's time in three situations.
First, any rent-stabilized or rent-controlled unit. The DHCR rules, renewal forms, registration requirements, and Major Capital Improvement and Individual Apartment Improvement allowances are technical, and a misstep can lock in a rent overcharge claim with treble damages going back four years (HSTPA extended the look-back).
Second, any contested eviction, especially under Good Cause, post-foreclosure, or where habitability has been raised. NYC housing court is its own ecosystem and tenants typically have free or low-cost counsel under the Universal Access to Counsel Law (Local Law 136 of 2017). A landlord without parity will usually lose on procedure.
Third, any case involving NYC HPD complaints, code violations, harassment claims, or allegations of unlawful eviction. The penalties stack: civil, administrative, and in some cases criminal under NYC Admin Code 26-521. Get a lawyer before you respond.
How long do I have to return the security deposit in New York? 14 calendar days from the date the tenant vacates, with an itemized written statement of any deductions (GOL 7-108(1-a)(e)). Missing the 14-day deadline forfeits the right to retain any portion of the deposit (GOL 7-108(1-a)(g)).
How much can I charge as a security deposit? One month's rent maximum, statewide, for any residential unit (GOL 7-108(1-a)(a)). The cap is per tenancy, not per tenant. Two-month deposits and last-month-plus-one structures are not permitted.
How much advance notice do I need to give for a rent increase? For increases of 5% or more, 30 days if the tenant has been there under a year, 60 days for at least one year, 90 days for at least two years (RPL 226-c). Under 5%, no statutory advance notice is required, though the lease may impose one. Stabilized renewals follow DHCR's separate 90 to 150 day window.
What is the maximum late fee in New York? The lesser of 5% of monthly rent or 50 dollars, and only after a five-day grace period (RPL 238-a(2)). Daily-stacking fees and fees imposed on day one are unlawful regardless of what the lease says.
Can I charge a 50 dollar application fee? No. Application fees are capped at 20 dollars statewide and limited to actual cost of background and credit checks (RPL 238-a(1)(b)). The cap applies to every unit, including upstate single-family rentals.
Does Good Cause Eviction apply to my building? In NYC by default, unless an exemption applies. Outside NYC, only if the municipality has opted in. Common exemptions include small landlords with ten or fewer units statewide, owner-occupied buildings of up to ten units, post-2009 NYC new construction, units already covered by stabilization or control, and high-rent units above the statutory threshold (RPL 226-c). Exempt units still require a written exemption notice to the tenant.
Do I have to put the security deposit in a separate bank account? For buildings of six or more units, yes, in an interest-bearing account in a New York bank, with notice of the bank to the tenant (GOL 7-103(2)). For smaller buildings, an interest-bearing account is not required by statute, but commingling with personal funds is not permitted and can be treated as conversion.
If you need a New York residential lease that includes HSTPA-compliant deposit, late fee, and application fee caps plus all NYC-specific disclosures, our team's New York lease template at leasekit.io/templates/new-york-residential-lease covers it for $29 one-time.