New York

Rental Lease Laws Overview

In New York, the rental lease laws encompass several key aspects:

• Rent Control: Yes
• Limit on Late Fees: Yes
• Late Fees in Rental Agreement: Yes
• Grace Period: Yes
• License Required for Landlord: No

Before finalizing a lease, landlords should utilize a rental application to screen potential tenants.

Required Lease Disclosures

Landlords in New York are required to include specific disclosures in their lease agreements:

• Flood Risk Disclosure: Landlords must inform tenants about the property’s flood history and flood zone. The lease must include the following statement: “Flood insurance is available to renters through the Federal Emergency Management Agency’s (FEMA’s) National Flood Insurance Program (NFIP) to cover your personal property and contents in the event of a flood. A standard renter’s insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered.”

• Sprinkler System Disclosure: Landlords must specify whether the property has a sprinkler system installed.

• Copy of the Signed Lease: Landlords must provide all rent-stabilized tenants with a signed copy of the lease within 30 days.

In New York City, additional disclosures are mandated:

• Allergen Hazards Disclosure: Landlords must notify tenants of indoor allergen hazards (e.g., cockroaches, rats, mice, mold) and commit to an annual inspection.
• Anti-Scald Valves Disclosure: Landlords must ensure that faucets are equipped with anti-scald valves that produce a temperature between 110 and 120 degrees Fahrenheit.
• Bed Bug Disclosure: Landlords must provide notice of the property’s bed bug infestation history.
• Smoking Policy: Landlords must specify where smoking is prohibited in buildings with three or more units.
• Stove Knob Cover Policy: Landlords must provide stove knob covers for gas stove tops for tenants with children under six.
• Window Guard Notice: Landlords must install and maintain window guards in buildings with three or more apartments if a tenant has children under ten.
• Disclosure of Lead-Based Hazards: Landlords of buildings constructed before 1978 must notify tenants of potential lead-based hazards.
• Security Deposit Notice: Deposits collected in buildings of six or more units must be held in a New York bank account, and landlords must inform tenants of the bank’s name and address.

Security Deposit

The regulations surrounding security deposits in New York include:

• Maximum Amount: A landlord cannot charge more than one month of rent for a tenant’s security deposit.
• Returning Requirements: A landlord must return a tenant’s security deposit within 14 days of the lease’s end.
• Itemization: Landlords have 14 days to itemize reasons for retaining part of the security deposit or return it in full.
• Withholding Rules: If a tenant fails to pay rent or utilities or damages the property beyond reasonable wear and tear, the landlord may deduct the amount from the security deposit.
• Bank Account: A landlord must ensure that a tenant’s deposit is not commingled with the landlord’s assets. If held in an interest-bearing account, the landlord receives one percent per year for administrative expenses.

Rent Payments

Key points regarding rent payments in New York include:

• Due Date: Rent is due on the date specified in the lease.
• Rent Control: Rent increases of 5% or more must be provided in writing with notice periods: 30 days for tenancies under one year, 60 days for tenancies between one and two years, and 90 days for tenancies over two years.
• Late Fees and Grace Period: Late fees cannot exceed 5% of the monthly rent or $50, whichever is less. There is a five-day grace period before landlords can initiate eviction proceedings with a 14-day notice to quit.
• Withholding Rent: If a landlord neglects their utility or maintenance duties, the tenant can pay the utility company and deduct the cost from future rent.

Landlord Right of Entry

Landlords are required to provide reasonable notice before entering a rental unit unless it is an emergency.

Property Repairs

Landlords have specific responsibilities regarding property repairs:

• Landlord Responsibilities: Landlords must keep rental units habitable, meeting basic health and safety standards and responding to repair requests promptly.
• Tenant Repairs: If a tenant fails to maintain essential utilities, which is considered “objectionable” conduct, a landlord can initiate eviction proceedings after providing a 30-day notice.
• Abandonment: There is no specific state-mandated limit on abandonment.

Terminating a Lease

For month-to-month tenancies, either party can terminate the lease by providing a 30-day written notice. Additionally, landlords are not permitted to keep a tenant’s personal belongings or furniture after an eviction.

Statutes

• N.Y. Real Prop. Law § 227-C – Termination of residential lease by victims of domestic violence
• N.Y. Real Prop. Law § 232-A – Notice to terminate monthly tenancy or tenancy from month to month in the city of New York
• N.Y. Real Prop. Law § 232-B – Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York
• N.Y. Real Prop. Law § 233-B – Campgrounds
• N.Y. Real Prop. Law § 234 – Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property
• N.Y. Real Prop. Law § 235-A – Tenant right to offset payments and entitlement to damages in certain cases
• N.Y. Real Prop. Law § 235-B – Warranty of habitability
• N.Y. Real Prop. Law § 235-D – Harrasment
• N.Y. Real Prop. Law § 235-E – Duty to provide written receipt
• N.Y. Real Prop. Law § 235-G – Electronic billing and/or payment of rent
• N.Y. Real Prop. Acts. Law § 753(4) – Stay in premises occupied for dwelling purposes
• N.Y. Gen. Oblig. Law § 5-328 – Processing fee by holder of dishonored check
• N.Y. Gen. Oblig. Law § 7-103(1) – Money deposited or advanced for use or rental of real property; waiver void; administration expenses
• N.Y. Gen. Oblig. Law § 7-103(2) – Money deposited or advanced for use or rental of real property; waiver void; administration expenses
• N.Y. Gen. Oblig. Law § 7-105 – Landlord failing to turn over deposits made by tenants or licensees and to notify tenants or licensees thereof in certain cases