What a Landlord Cannot Do in New York: Tenant Rights to Know

Under New York law, renting a place isn’t just a transaction; it’s a legal relationship with rules on both sides. But here’s the problem: too many renters are left guessing what’s allowed and what crosses the line. Can your landlord raise rent mid-lease? Enter without asking? Threaten eviction over a late payment? These aren’t just frustrating moments; they could be illegal.

New York landlords don’t get to make up the rules as they go. The state’s tenant protections are some of the toughest in the country, covering everything from privacy to lease renewals. But those protections don’t mean much if you don’t know what they are.

Here’s a clear breakdown of what landlords cannot do based on real rules, not rumors. If you’ve ever felt cornered or unsure where you stand, this is where you get answers. Keep reading. You might be more protected than you think.

New York Landlord-Tenant Law

The relationship between renters and property owners in New York is shaped by a complex legal structure that blends state statutes with local codes. While the rental market is known for its steep prices and high demand, legal protections are firmly in place to balance interests on both sides.

These laws are not just guidelines; they form the basis for how leases are managed, how disputes are handled, and how rights are enforced across the state.

One foundational law is the New York State Human Rights Law, which applies across all housing in the state and sets the groundwork for fair and equal treatment. Alongside this is the Housing Stability and Tenant Protection Act, which introduced sweeping changes aimed at clarifying tenant rights and limiting predatory practices. Together, these laws create a more predictable rental environment.

Local governments, especially in areas like New York City, add another layer of legal oversight. Through local codes and regulations, including rent stabilization rules, the city addresses unique challenges tied to population density, housing availability, and affordability. These local laws often work in tandem with state laws, creating a system where tenant protections are reinforced on multiple levels.

Legal boundaries are clear, and consequences for violations can be serious. These statutes are the foundation for everything that follows, defining how leases are written, enforced, and disputed throughout New York.

1. A Landlord Cannot Evict an Active Duty Service Member

Military service comes with enough challenges. Facing eviction during active duty should never be one of them. In New York, the law draws a hard line when it comes to protecting service members and their families from being removed from their homes without due process.

Under the Servicemembers Civil Relief Act, landlords must obtain a court order before moving forward with an eviction due to non-payment of rent.

Housing court judges can pause eviction proceedings for ninety days or more if military service makes it difficult for the tenant to respond or relocate. These pauses are not optional. They are built into federal law to protect those serving full-time.

However, the law does not excuse every lease violation. If a service member breaks the clear terms of the lease, such as keeping a pet where pets are not allowed, the landlord can still bring the matter to court. But no eviction can happen without that court’s approval.

2. Eviction Practices Must Follow the Law: Illegal Evictions Are Prohibited

It might start with a lock that suddenly doesn’t work, a thermostat that stops responding, or personal belongings left outside the door. For many tenants, illegal eviction doesn’t come with a notice; it comes with silence, pressure, or a rushed warning. In New York, that kind of behavior is not only unethical, it’s against the law.

No landlord can legally remove a tenant without going through the court system. Even if rent is overdue or there’s been a violation of the lease agreement, eviction cannot happen through force or intimidation. Under New York law, landlords must provide written notice first. That’s usually a fourteen-day notice for unpaid rent, and anywhere from thirty to ninety days for other issues, depending on how long the tenant has lived in the rental unit.

Changing the locks, shutting off electricity, or tossing out a tenant’s personal belongings without a court order are all considered acts of illegal eviction. Each of these actions is treated as a separate offense.

Penalties can include jail time of up to one year and fines ranging from one thousand to ten thousand dollars for every violation. If the tenant is not restored to the home, the fine can increase daily for up to six months.

Tenants who face any form of forced removal should not wait. Contacting a real estate attorney or a local housing authority immediately can help stop the situation before it escalates.

3. Utility Shut-Offs to Force Tenants Out Are Illegal

You wake up on a freezing morning in New York City and realize there’s no heat. The lights won’t turn on. The water isn’t running. It feels like an accident until you learn your landlord cut off utilities on purpose. This tactic is not just aggressive, it’s unlawful under New York’s landlord-tenant laws.

Essential services like heat, water, and electricity cannot be shut off by a landlord to pressure a tenant to leave. Whether you live in rent-stabilized apartments or a month-to-month rental unit, cutting off utilities is considered landlord harassment. It violates both local laws and legal protections outlined in New York State law.

If your landlord pays the utility bill and fails to keep it current, they must notify you in writing before service is disconnected. Tenants have the right to stop the shut-off themselves and can even seek legal assistance to prevent it. Courts take this seriously. Judges may issue a temporary restraining order to force the landlord to restore services immediately.

New York landlords who attempt to force a move-out by shutting off utilities, changing locks, or touching a tenant’s personal belongings are breaking the law. These illegal landlord actions can lead to fines, damages, and possible court orders against the property owner. If you face this situation, contact your local housing authority or seek legal advice from a real estate attorney without delay.

Tenant rights do not disappear when rent is unpaid. New York’s housing laws are designed to protect tenants from abuse, and utilities are never to be used as weapons.

4. Entry Without Proper Notice Is Not Allowed

If you wouldn’t walk into your landlord’s home unannounced, they shouldn’t walk into yours. Yet many tenants find themselves in situations where a landlord shows up without warning, claiming it’s just a quick check or a minor repair. In New York, this kind of surprise visit is not only inappropriate, it may be illegal.

New York landlords are required to provide reasonable advance notice before entering a rental unit. Typically, that means at least twenty-four hours of written notice explaining the reason, date, and time of entry. This rule applies whether the visit is for repairs, inspections, or to show the space to prospective tenants.

The only exception is in the case of an emergency, such as a gas leak or fire, where delaying access could put people or property at risk.

Unauthorized entry is a violation of your right to privacy. If a landlord enters without notice or permission, tenants may have grounds to take legal action or file a complaint with the local housing authority. Under New York state law, repeated violations may also be seen as harassment, especially if the landlord fails to respect the lease agreement or uses entry as a way to pressure a tenant to leave.

If you feel your privacy has been violated, seek legal advice and document each incident. Tenant protection laws exist to keep situations like this from becoming routine.

5. Discrimination Against Tenants Is Prohibited

Sometimes, it’s not what a landlord says, it’s what they do. A showing gets canceled after you mention your job. Rent suddenly increases once your partner visits. Questions turn cold the moment your last name is mentioned. These moments often go unnoticed, but they can point to something illegal: housing discrimination.

New York law, backed by the Fair Housing Act, makes it clear that landlords cannot treat tenants differently based on personal characteristics. This includes race, religion, disability, sexual orientation, immigration status, family size, gender identity, or source of income. Discrimination can show up as denial of housing, altered lease terms, targeted harassment, or comments that create a hostile living environment.

Tenants have the right to equal treatment, no matter where they live or how much rent they pay. If something feels off, it’s worth looking into. You can file a complaint with the New York State Division of Human Rights or the U.S. Department of Housing and Urban Development. Both agencies investigate claims and hold landlords accountable when violations occur.

Bias has no place in a rental agreement, and the law supports those who speak up.

6. Harassment or Retaliation Against Tenants Is Illegal

It doesn’t always take notice of the door to feel pushed out of your home. Sometimes, it’s the constant late-night calls, the unannounced visits, the vague threats about “finding another place soon.” These are not just pressure tactics but can qualify as harassment, and in New York, they are strictly against the law.

Under New York’s landlord-tenant laws, any form of intimidation, coercion, or repeated interference meant to force a tenant out is illegal. Harassment can take many forms, from verbal threats to cutting essential services or showing up without reason. It also includes retaliation for actions a tenant is legally allowed to take, such as filing a complaint with the local housing authority, reporting necessary repairs, or joining a tenant association.

Tenants who experience this behavior have options. One is filing an “HP proceeding” in Housing Court, a legal action specifically for addressing landlord misconduct.

If harassment is proven, the court can issue orders to stop the behavior and impose civil penalties ranging from one thousand to ten thousand dollars per offense. For repeat violations, the consequences can be even more severe.

7. Security Deposits Must Be Handled Properly

It’s easy to hand over a security deposit and forget about it until it’s time to move out, and your calls go unanswered. For too many renters, getting that money back feels like chasing a ghost. But in New York, security deposits are tightly regulated, and mishandling them is not just careless, it’s illegal.

Landlords are not allowed to charge more than one month’s rent as a security deposit. That rule applies to all rental units, whether you’re in a small walk-up or a large rent-stabilized apartment.

If the building has six or more units, the deposit must be placed in a separate, interest-bearing account at a New York bank. Landlords are required to provide written notice of the account details, including the name and address of the bank where the money is held.

When a tenant moves out, the landlord has fourteen days to return the deposit. If any amount is withheld, they must also provide a written itemized list explaining the deductions. Charges for normal wear and tear are not allowed; only actual damage or unpaid rent can justify withholding funds.

If a landlord fails to follow these rules, they may face financial penalties and even legal action. Tenants can file claims in small claims court or seek legal counsel if the deposit is unfairly withheld.

8. Rent Regulation Laws Cannot Be Violated

Living in a rent-regulated apartment comes with more than just predictable monthly payments. It means your lease is backed by legal protections that landlords are required to follow. Still, some property owners try to work around these rules, hoping tenants won’t know their rights or question sudden changes. That’s where knowing the law makes a difference.

In New York, rent control and rent stabilization laws apply to specific buildings, especially those built before 1974 or receiving certain tax benefits. These laws prevent landlords from overcharging, refusing to renew a lease without legal cause, or attempting to deregulate a unit without proper approval.

Rent increases for rent-stabilized tenants are set annually by the Rent Guidelines Board and cannot exceed the limits established each year.

Violations of rent regulation laws are not taken lightly. Tenants may be entitled to a rent reduction, reimbursement for over payments, and penalties against the landlord. Complaints can be filed with the New York State Division of Housing and Community Renewal, which investigates and enforces compliance.

9. Charging Illegal or Excessive Fees Is Prohibited

You sign a lease, pay the rent, and suddenly get hit with a stack of extra charges such as processing fees, vague penalties, and inflated late fees. Many tenants assume they have no choice but to pay. In New York, that assumption could cost you money you never actually owed.

Under New York state law, landlords cannot invent fees or charge more than what the law allows. Every fee must be reasonable, clearly disclosed in the rental agreement, and tied to an actual cost. For example, if your rent check bounces, the landlord cannot charge more than the bank’s fee. If the bank charges twenty dollars, that is the maximum the landlord can pass on.

Late fees are also capped. They cannot exceed fifty dollars or five percent of the monthly rent, whichever amount is lower. Additional charges for things like rental applications, lease renewals, or maintenance requests are also restricted and must align with what is permitted under New York’s housing laws.

If a landlord demands payment beyond those limits, tenants can seek legal assistance, file a complaint, or pursue a refund through small claims court. These protections prevent unfair charges and prevent landlords from using hidden fees to pressure tenants.

10. Required Disclosures Must Be Provided to Tenants

You move into a new apartment, unpack your boxes, and start settling in, but important details about the unit were never shared. Was there a past bedbug problem? Is there lead paint under that fresh coat on the wall? In New York, landlords are legally required to provide certain disclosures before and during the lease term, and skipping them is not just careless; it is a violation of tenant rights.

For buildings built before 1978, landlords must provide a lead paint disclosure form to inform tenants of potential hazards. This is a federal requirement and cannot be overlooked, even if the unit appears freshly renovated.

Landlords must also disclose whether the unit has ever had a bedbug infestation and whether window guards are installed, especially in apartments where children under ten live.

If a security deposit is collected, the landlord has thirty days to provide written details about the bank where the deposit is held. This includes the name and address of the financial institution and whether the account earns interest.

Failing to provide these required disclosures can lead to legal consequences. Tenants may be able to file complaints or seek legal action, especially if the lack of information results in harm or financial loss. New York’s housing laws are built to protect tenants not just from unlawful eviction or harassment but also from being kept in the dark about critical safety and legal details.

Conclusion

Renting in New York comes with responsibilities, but it also comes with powerful protections. From preventing illegal evictions and harassment to regulating fees and ensuring transparency, the law is designed to give tenants the tools to live without fear or confusion. Landlords are required to follow clear rules, and when they don’t, tenants have the right to push back.

Understanding your rights is the first step in avoiding unnecessary conflict. Whether you are a tenant trying to protect your home or a landlord trying to do things by the book, staying informed makes all the difference. And when things get complicated, legal guidance can help protect your interests before issues spiral into larger disputes.

If you’re a landlord, attorney, or business that needs to verify a tenant’s military status before taking legal action, make sure you’re in compliance with the Servicemembers Civil Relief Act. Use SCRACVS to get fast, reliable military verification here: Verify Military Status. It’s not just best practice; it’s the law.

FAQS

What should I do if my landlord shuts off my utilities?

Under New York’s landlord-tenant laws, shutting off essential services like heat, water, or electricity to force a tenant out is illegal. These utility shut-offs are considered a form of landlord harassment. If this happens, you can seek legal assistance immediately or file for a temporary court order in housing court to restore services. Tenants may also contact the local housing authority to report the violation. New York law protects tenants from illegal landlord actions and offers strong tenant protection in these situations.

How much time does a landlord have to give a tenant to move out in NY?

Landlords must provide proper notice before requiring a tenant to move out. For unpaid rent, a written notice must be given at least 14 days. For other lease terminations, the required notice ranges from 30 to 90 days, depending on the lease term and length of tenancy. Rent-regulated tenants and those in rent-stabilized apartments may have additional protections under New York State law. A landlord cannot begin the eviction process without following the appropriate notice procedures and obtaining a court order.

What is a landlord not responsible for?

Under New York’s landlord-tenant laws, landlords are not responsible for damage to a tenant’s personal property caused by the tenant or for minor cosmetic issues such as chipped paint or worn flooring. They are also not required to provide non-essential conveniences. However, if a tenant continues to pay rent under a valid lease agreement, the landlord is obligated to maintain essential services and make necessary repairs. In rent-regulated apartments, failure to meet these responsibilities can lead to rent reduction, legal action, or penalties under New York State law.

What is considered negligence by a landlord?

Negligence happens when a landlord fails to provide necessary repairs or does not maintain the rental unit as required by New York State law. If a landlord ignores reports of broken heating, faulty wiring, or hazardous conditions, it may violate both the lease agreement and local laws. Tenants in rent-stabilized units or rent-regulated apartments are entitled to safe and livable housing. If the landlord fails to act, the tenant can pursue legal remedies through housing court or small claims court.

What are my rights if my landlord fails to make necessary repairs?

New York landlords are legally required to maintain the rental property and make necessary repairs. If they fail to do so, tenants can file a complaint with the local housing authority or start an “HP proceeding” in housing court. Tenants in rent-regulated units may also qualify for rent reductions under rent stabilization laws. If repairs are ignored, tenants remain liable for rent but may withhold rent under specific conditions or seek legal counsel. Tenant rights under New York’s housing laws are enforceable through legal action.