Hotel and Motel Tenant Rights in New York Explained

If you are living in a hotel or motel in New York, it's important to know your legal rights as a tenant. Hotels and motels can sometimes fall into a legal "gray area," but New York State law offers many renters protections once you have lived in one place for a certain period. This article breaks down your rights, how long you need to stay for them to apply, and what to do if you’re facing eviction, rent increases, or maintenance issues in a hotel or motel setting.

When Do Hotel or Motel Guests Become Tenants?

In New York, you generally become a "legal tenant" of your hotel or motel room after occupying the same unit for 30 consecutive days or more. At that point, you gain similar rights and protections as tenants in regular apartments.^[1]

• Before 30 days: You are seen as a "transient occupant" and can be asked to leave at any time without formal eviction proceedings.
• After 30 days: You gain formal tenant protections under New York State Real Property Law (specifically Sections 228 and 232-a).

Your Rights as a Hotel or Motel Tenant in New York

Once you reach 30 days of continuous stay, the following rights apply:

• Eviction Protections: Your landlord (hotel/motel operator) must follow New York’s formal eviction process.
• Notice Requirements: You are entitled to written notice before being asked to leave.
• Rent Laws: Limits on how and when your rent can be increased, and whether your unit may be subject to rent stabilization (rare, but possible in some cases).
• Maintenance: You can request repairs—the landlord must maintain safe and habitable premises under New York's "warranty of habitability."

If you believe your rights as a tenant are being violated, you may be able to seek help from New York’s housing court or request assistance from state housing agencies.

Eviction Process for Hotel and Motel Tenants

After 30 days, your landlord must:

• Give you a written notice to terminate your tenancy
• File an eviction case in Housing Court if you do not move out voluntarily
• Obtain a court order for eviction—self-help or "lock-outs" are illegal

Evictions in New York are handled through the Housing Court for NYC or local City/County Courts for other areas.^[2]

Key Official Forms for Hotel/Motel Tenants

• Notice of Petition and Petition (Holdover Proceeding), Form UD-1:
  • When and How Used: This is used by landlords to start a formal eviction after you’ve held your room for more than 30 days. If you receive this, it means court proceedings are starting.
  • View the official form (NYC Housing Court)
• Tenant’s Answer Form, Form UD-6:
  • When and How Used: If you are served with eviction papers, you can respond using this form at the court clerk’s office, outlining your defenses and any counterclaims (such as maintenance issues).
  • Access the official Tenant's Answer Form

For a more complete guide, visit: Eviction information from NY Courts.

What If You Are Locked Out or Face Unsafe Conditions?

If you have stayed more than 30 days, a landlord cannot legally lock you out without a court order. If this happens:

• You can file an "Order to Show Cause to Restore Possession," which asks the court to let you back in.
• Report illegal lockouts to the police or your local housing court.

FAQ: Hotel and Motel Tenant Rights in New York

1. Do I become a tenant after 30 days in a New York hotel or motel?
   Yes. After 30 consecutive days, you gain tenant protections under New York law.
2. Can a hotel or motel evict me without going to court?
   No, not if you've stayed 30 days or more. The owner must follow the legal eviction process and obtain a court order.
3. Am I entitled to repairs or maintenance as a long-term hotel/motel resident?
   Yes. The landlord must keep the unit habitable under the warranty of habitability law.
4. What official forms should I know if facing eviction?
   You'll likely receive a Notice of Petition and Petition. You can respond with the Tenant's Answer Form. See links above.
5. What government agency or tribunal handles disputes?
   New York City Housing Court (for NYC) or your local City/County Court handles tenant issues. Learn more at the NYC Housing Court site.

Key Takeaways for New York Hotel and Motel Tenants

• After 30 days in a hotel or motel, you become a tenant with legal protections.
• Evictions require formal legal process—no lockouts without a court order.
• Access official forms through the New York State Unified Court System to respond if you receive eviction papers.

Knowing these rights can help you maintain your housing and respond appropriately if issues arise.

Need Help? Resources for Renters

• New York City Housing Court – Eviction process and help
• New York State Division of Housing and Community Renewal (DHCR): Renter Protections
• New York State Attorney General: Tenant Rights
• NY Courts: Evictions FAQ

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1. New York State Real Property Law, Sections 228 and 232-a. Read the official New York tenancy statutes.
2. NYC Housing Court – Official housing disputes tribunal in New York City (outside NYC, see your local City/County Court).

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