Your Essential Renter Rights in New York Explained

If you’re renting in New York, understanding your rights is key to having a safe and secure home. From rent increases to repairs and eviction protections, New York State laws offer important safeguards for tenants. This guide explains your legal protections, key forms you may need, and practical steps to help you handle common rental issues.

Who Oversees Tenant Rights in New York?

Residential housing issues in New York are overseen by the New York State Division of Housing and Community Renewal (DHCR) Office of Rent Administration. Eviction proceedings are handled by the New York City Housing Court and other local courts statewide.

Your Core Rights as a Renter in New York

• Right to a safe and habitable home: Landlords must keep your rental in good repair, with heat, hot water, and essential services.
• Protection from illegal eviction: A landlord can’t remove you from your home without a court order. Proper notice is required.
• Rent regulation rights: Certain apartments are protected under New York’s rent stabilization or rent control laws. These homes have limits on rent increases and strong eviction protections.
• Advance notice of rent increases: Landlords must give advance written notice before raising rent or ending your tenancy.
• Right to a security deposit return: Your security deposit must be returned within 14 days after moving out, minus any lawful deductions.

New York’s main tenancy laws are found in the New York State Real Property Law and the Housing Stability and Tenant Protection Act of 2019.^[1][2]

Notice Requirements for Rent Increases and Eviction

Landlords must provide written notice before raising rent or ending a lease, following state guidelines:

• 30 days’ notice if you’ve lived in the unit for less than 1 year or have a lease less than 1 year
• 60 days’ notice if you’ve lived there 1–2 years, or hold at least a 1-year lease
• 90 days’ notice if you’ve lived there for over 2 years or have a 2-year lease

Evictions must be processed through a court; you have the right to appear before a judge before removal.

Maintenance and Repairs: Ensuring a Safe Home

Landlords are required to keep apartments safe, properly maintained, and in compliance with local codes. This includes:

• Functioning heat and hot water
• Working plumbing and electrical systems
• Reasonable pest control
• Safe locks and security

If repairs are needed:

• First, notify your landlord in writing describing the problem
• If there’s no response, you can file a complaint with the DHCR Tenant Complaints Unit

Key Official Forms for New York Renters

• DHCR Form RA-81 (Tenant’s Complaint of Decrease in Services):
  Use this if your landlord has reduced essential services (like heat or repairs), especially if in a rent-regulated unit.
  Download Form RA-81.
  Example: If your landlord ignores broken heating, submit this form to the DHCR to seek restoration or a rent reduction.
• DHCR Form RTP-8 (Tenant’s Response to Owner’s Notice to Deregulate):
  Use if your landlord tries to deregulate your rent-stabilized apartment.
  Download Form RTP-8.
  Example: If your landlord claims your unit is no longer stabilized, this form helps you challenge that decision.
• Court Petition and Answer Forms:
  Needed if you’re served eviction papers.
  Find NYC Housing Court forms here.
  Example: If you receive a Notice of Petition, file an Answer to explain your side before your court date.

How to Respond to an Eviction Notice

If you receive a Notice of Petition (eviction notice):

• Read all documents carefully
• Gather evidence, such as emails, photos, and payment receipts
• Complete and submit an Answer form at the court listed on your notice (often in person or online)
• Attend your court hearing to tell your story to the judge

FAQ: New York Renters’ Rights

1. Can my landlord raise my rent as much as they want? No. For rent-regulated apartments, increases are set by the NYC Rent Guidelines Board. For other rentals, state law requires written notice and prohibits some excessive increases.
2. How do I request a repair if my landlord isn’t responding? Always send a written request. If they fail to respond, file a complaint with the DHCR using the RA-81 form.
3. What is the minimum eviction notice in New York? The minimum is 30 days, depending on how long you’ve lived there. No eviction is legal without a court order.
4. Can a landlord enter my apartment without permission? Generally, landlords need to give reasonable notice unless it’s an emergency.
5. How do I get my security deposit back? Your landlord must return your deposit within 14 days after you move out, minus any legal deductions. You should receive an itemized list of any withheld amounts.

Key Takeaways for New York Renters

• Written notice and court orders are required for rent increases and evictions.
• Your home must always be livable and safe under state law.
• Understand and use official forms to assert your rights if issues arise.

Review your lease and official state resources for more detail on your specific situation.

Need Help? Resources for Renters

• New York State Homes & Community Renewal: Renters Portal
• DHCR Office of Rent Administration (inquiries and complaint forms)
• NYC Housing Court (evictions, legal forms, and court help)
• New York State Attorney General: Tenant Rights Guide

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1. New York State Real Property Law
2. Housing Stability & Tenant Protection Act of 2019
3. NYS DHCR Office of Rent Administration
4. DHCR Tenant Complaint Forms
5. New York Courts Housing Forms

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Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations