Renting in New York comes with clear legal duties. Meeting them protects your tenants, your property, and you from fines and disputes. Here are the essentials for NYC landlords.
Keep the apartment livable
Every lease includes a warranty of habitability: the apartment must be safe, sanitary, and fit to live in, and tenants can’t waive it. Make repairs promptly and keep records of requests and fixes.
Heat and hot water
- Heat season (October 1 to May 31): from 6 AM to 10 PM, keep it at least 68°F inside when it’s below 55°F outside. From 10 PM to 6 AM, keep it at least 62°F inside regardless of the outdoor temperature.
- Hot water: at least 120°F, year-round.
Safety requirements
- Install working smoke and carbon monoxide detectors.
- Install window guards where a child 10 or younger lives, and send the annual window guard notice.
- Follow NYC’s lead paint rules, including annual inspections in units where a young child lives and safe work practices during repairs.
- Keep exits, hallways, and fire escapes clear, and keep locks and intercoms working.
Paperwork and registration
- Register buildings with three or more units with HPD every year.
- Provide required lease riders and notices, such as the bedbug history disclosure and, for stabilized units, the Rent Stabilization Lease Rider.
- Register rent-stabilized units with New York State HCR each year.
Money rules
- Security deposit: no more than one month’s rent, returned within 14 days of move-out with an itemized statement of any deductions.
- Late fees: no earlier than 5 days after the due date, capped at $50 or 5% of the monthly rent, whichever is less.
- Application fees: no more than $20 for a background and credit check.
- Broker fees: under the FARE Act, if you hire a broker to rent your unit, you pay the broker, not the tenant.
Tenant rights you must respect
- No discrimination, including based on source of income such as vouchers.
- Privacy: give reasonable advance notice before entering, except in emergencies.
- No harassment or retaliation for complaints or for reporting violations.
- No self-help eviction: changing locks or removing belongings without a court order is illegal. Evictions go through Housing Court.
- Roommates: tenants can generally share the apartment with immediate family plus one additional occupant.
See also Understanding NYC Rental Regulations and Searching for Building Violations.
General information, not legal advice. Rules differ in Westchester municipalities; check local codes or an attorney.