Housing Problems in New York

Under the HSTPA (2019), New York limits security deposits to one month's rent for all residential tenancies — no exceptions. Deposits must be returned within 14 days of move-out with an itemized statement. Failure to return within 14 days forfeits the landlord's right to deduct anything.

Approximately one million NYC apartments are rent-stabilized. For covered units, rents may only be increased by the annual rate set by the NYC Rent Guidelines Board. Landlords must offer lease renewals. Tenants cannot be evicted without just cause. The DHCR administers the program and handles complaints.

The HSTPA was a major expansion of tenant rights. Key changes: 1-month deposit cap statewide, 14-day return deadline, elimination of most deregulation pathways for stabilized units (vacancy decontrol eliminated), stronger eviction protections, and limits on rent increases above Rent Guidelines Board rates.

For nonpayment of rent, New York requires a 14-day written demand before proceeding to Housing Court. For holdover proceedings (lease violation or expiration), notice requirements vary: 30 days for tenancies of less than one year, 60 days for one to two years, and 90 days for tenancies of more than two years.

You may request your apartment's rent registration history from the New York State Division of Housing and Community Renewal (DHCR) at hcr.ny.gov. All rent-stabilized apartments are registered with DHCR, and the registration shows the legal regulated rent for each year. Your landlord is also required to provide a rent stabilization lease rider with each renewal. Buildings built before 1974 with six or more units in New York City are generally subject to rent stabilization, though there are exceptions. Additionally, buildings that received certain tax abatements (such as 421-a) may have rent-stabilized units regardless of building age.

New York Real Property Law Section 235-d and New York City Administrative Code Section 27-2005 provide protections against landlord harassment, which can include repeated or sustained actions to interfere with the comfort, peace, or quiet enjoyment of the tenant's home. In New York City, the Housing Preservation and Development agency (HPD) can bring harassment cases against landlords, and tenants may also bring private actions. Harassment could include failing to make repairs, interrupting essential services, starting unnecessary construction, or making threats. Courts may award damages, injunctive relief, and attorney fees to tenants who prove harassment.