New York State Landlord-Tenant Law 2026 Complete Guide: HSTPA 2019 Security Deposits, Notice Requirements, Rent Stabilization, Good Cause Eviction, and Statewide Compliance

New York Landlord-Tenant Law at a Glance — 2026

HSTPA 2019 — What Changed and Why Every NY Landlord Must Know It

The Housing Stability and Tenant Protection Act of 2019 (HSTPA 2019, formally Laws of 2019, Chapter 36) was signed on June 14, 2019 and took effect immediately for most provisions. It is the most consequential reform of New York landlord-tenant law since the Emergency Tenant Protection Act of 1974, and its changes apply statewide — not just in New York City.

Before HSTPA 2019, New York's landlord obligations outside New York City were governed principally by the Real Property Law (RPL) and General Obligations Law (GOL) in a relatively landlord-favorable framework: no deposit cap, 3-day non-payment notice, 1-month termination notice regardless of tenancy length, and no application fee restriction. HSTPA 2019 eliminated most of those landlord advantages.

What HSTPA 2019 Changed

• Security deposits: Capped at 1 month statewide (RPL §227-c). Non-refundable fees banned. 14-day return deadline with forfeiture penalty for lateness. Pre-move-in inspection right for tenants.
• Application fees: Capped at $20 total (RPL §238-a). Receipt required. No charge if screening report already exists or if tenant provides own report.
• Late fees: Capped at $50 or 5% whichever less (RPL §238-a). No grace period shorter than 5 days permitted.
• Non-payment notice: Extended from 3 days to 14 days (RPL §711).
• Month-to-month termination: Tiered 30/60/90-day notices by tenancy length (RPL §232-a and §232-b), replacing the old 1-month standard outside NYC and 30-day standard in NYC.
• Retaliation: Enhanced penalty to 3 months' rent + attorney fees (RPL §223-b).
• NYC RSL reforms: Eliminated luxury decontrol (high-rent + high-income deregulation); reformed MCI and IAI cost pass-throughs; restricted preferential rent system.
• Roommate rights: Enhanced anti-retaliation protections for tenants exercising roommate rights under RPL §235-f.
• Illegal apartments: HSTPA §235 — landlord cannot recover rent for an illegal apartment (certificate of occupancy violation), but tenant must demonstrate actual harm.

HSTPA 2019's statewide provisions apply to every residential rental in New York, including market-rate units in upstate cities like Buffalo and Rochester. The deposit, fee, and notice rules are not optional — violations expose landlords to tenant lawsuits and Housing Court dismissals.

Security Deposit Rules — 1-Month Cap, Non-Refundable Fee Ban, 14-Day Return

Real Property Law §227-c is the central statute governing security deposits in New York. For a full 50-state comparison, see our guide to security deposit laws by state 2026.

The 1-Month Absolute Cap (RPL §227-c(a))

A landlord may not demand or receive any security deposit in excess of one month's rent. This applies:

• Universally: Market-rate apartments, rent-stabilized units, ETPA units, large buildings, small buildings — all are subject to the cap. There is no building-size exception.
• To all pretextual extra deposits: A "pet deposit" is a security deposit. A "last month's rent" collected upfront is a security deposit. A "cleaning deposit" is a security deposit. Whatever the label, if the landlord holds money as security against tenant obligations, the total cannot exceed 1 month.
• Immediately upon collection: A landlord who signs a lease today and requests 2 months' security is violating RPL §227-c from the moment of collection. The tenant can immediately demand return of the excess without waiting to move out.

Non-Refundable Fees — Prohibited (RPL §227-c(a))

In addition to the deposit cap, RPL §227-c explicitly prohibits any "non-refundable fee" collected in connection with a residential tenancy. The prohibited categories include:

• Administrative or processing fees
• Move-in fees or move-out fees
• Cleaning fees charged upfront
• Key fees or fob fees
• Pet fees or pet deposits (to the extent they would push the total above 1 month or are stated as non-refundable)
• Any other named fee that the landlord does not intend to return

This is a bright-line rule with no exception for "mutual agreement." A lease provision stating that the tenant "agrees to pay a non-refundable $500 cleaning fee" is void as against public policy. The landlord must either collect the amount as part of the refundable security deposit (subject to the 1-month cap) or not collect it at all.

What IS allowed: Actual costs for pet-specific facility improvements, separately agreed in writing and refundable upon vacation — but these are still subject to the 1-month total cap.

The 14-Day Return Deadline and Forfeiture Penalty (RPL §227-c(e))

Within 14 days of the tenant vacating the unit, the landlord must:

1. Return the full deposit, OR
2. Return the balance remaining after lawful deductions, PLUS provide a written itemized statement specifying each deduction, the dollar amount of each deduction, and the reason for each deduction.

The forfeiture penalty: If the landlord fails to deliver either the return or the itemized statement within 14 days, the landlord FORFEITS THE ENTIRE RIGHT TO MAKE ANY DEDUCTIONS. The landlord must then return 100% of the deposit, even if the apartment was left in a deplorable condition. This is not merely a technical rule — courts apply it strictly. The penalty exists precisely to incentivize landlords to inspect and document damage promptly rather than holding the deposit indefinitely as a windfall.

What can be deducted (lawful deductions):

• Unpaid rent that is validly owed (not disputed rent, not rent the tenant withheld under habitability rights)
• Damage to the unit beyond ordinary wear and tear caused by the tenant, their guests, or their pets

What cannot be deducted (not allowable):

• Normal wear and tear (fading paint, minor carpet wear, scuffs from normal use)
• Pre-existing damage that existed before the tenant moved in
• General cleaning if the tenant left the unit reasonably clean
• Landlord's own negligence in maintaining the unit

Pre-Move-In Inspection Right (RPL §227-c(d))

Before the tenancy commences (before the tenant pays any deposit), the tenant has the right to request an inspection of the unit in the presence of the landlord or agent. If the landlord fails to provide this walkthrough after the tenant requests it, the landlord WAIVES the right to charge for any conditions that existed at move-in. The practical effect: a landlord who skips the pre-move-in inspection cannot later claim the tenant damaged something that was already damaged at move-in.

Interest and Bank Segregation (GOL §7-103)

For buildings with 6 or more residential units, the General Obligations Law §7-103 requires the landlord to:

• Hold the deposit in a separate bank account, not commingled with the landlord's personal funds or operating funds
• Keep the deposit in an interest-bearing account
• Within 30 days of receiving the deposit, notify the tenant in writing of the name and address of the bank where the deposit is held and the account number
• Pay the tenant the interest annually (or apply it to rent with tenant's consent) — at the rate the bank pays on savings accounts

For buildings with fewer than 6 units, the landlord may (but need not) hold the deposit in a non-interest-bearing account, but commingling with personal funds remains prohibited.

Application Fee Cap ($20) and Late Fee Cap ($50/5%)

Application Fee — $20 Maximum (RPL §238-a)

Real Property Law §238-a, added by HSTPA 2019, limits the total amount a landlord or their agent may charge a prospective tenant for any rental application processing to $20. This ceiling covers all screening components in aggregate:

• Credit report fee
• Background check fee
• Rental history verification fee
• Any other "processing" or "administrative" fee connected to the application

Receipt requirement: The landlord must provide a receipt to the applicant for any amount collected, specifying the amount paid and the purpose.

When no fee may be charged at all:

• If the landlord already possesses a consumer screening report on the applicant from a prior application that is less than 30 days old — no new fee may be charged for a new report on the same applicant
• If the applicant provides their own consumer screening report purchased within the prior 30 days — the landlord must accept it and may not charge any fee
• If the landlord does not actually conduct any tenant screening — no fee may be charged

Cannot require specific vendor: The landlord may not require an applicant to purchase a screening report from a specific company or service if the cost of that service exceeds $20. If the landlord wants to use a $60 screening service, the landlord must absorb the cost above $20.

Late Fee — $50 or 5%, Whichever Is Less (RPL §238-a)

The late fee cap under RPL §238-a is the LOWER of:

• $50 flat, OR
• 5% of the monthly rent amount

For a $1,200/month apartment, 5% = $60 — so the maximum late fee is $50 (because $50 < $60). For a $700/month apartment, 5% = $35 — so the maximum late fee is $35 (because $35 < $50).

Grace period: The landlord may not charge any late fee until at least 5 days after the rent due date. A lease that charges a late fee on day 4 or earlier is violating RPL §238-a. The 5-day grace period is mandatory — it cannot be waived or shortened by lease agreement.

No compounding: A landlord cannot charge a late fee on a prior late fee (double late fees).

Enforcement: Improperly charged late fees may be recovered by the tenant in a civil action. Courts may award the excess amount back to the tenant.

Notice Requirements — 14-Day Non-Payment Notice and 30/60/90-Day Termination

14-Day Non-Payment Notice (RPL §711)

Before a landlord may commence a non-payment summary proceeding in Housing Court (NYC) or a RPAPL Article 7 proceeding (upstate), the landlord must serve the tenant with a written 14-day notice to pay the rent or surrender possession of the premises. This is codified at Real Property Law §711(2), as amended by HSTPA 2019.

What the notice must contain:

• A demand that the tenant pay the rent in arrears or deliver possession
• The specific dollar amount of rent claimed to be owed
• The rental period(s) for which rent is claimed
• The 14-day deadline (counting from date of service)

Service methods (RPAPL §735):

• Personal delivery to the tenant (or a person of suitable age and discretion at the premises)
• Conspicuous place service (affixing to the door in a conspicuous place) — permitted if personal delivery is not possible after reasonable attempt; must also be mailed first-class
• Certified mail return receipt — acceptable if combined with first-class mail

What happens if the tenant pays within 14 days: If the tenant pays the full amount demanded within the 14-day period, the notice is satisfied and the landlord cannot file a non-payment proceeding for that event. The landlord must accept a timely cure.

What happens if the tenant does not pay: After 14 days, the landlord may file a non-payment petition in the appropriate court. For NYC, this is the Housing Court (Civil Court of the City of New York, Housing Part). For upstate, this is generally the Town or Village Justice Court or the Supreme Court (for RPAPL Article 7 proceedings in counties without a dedicated housing court).

Pre-HSTPA comparison: Before June 14, 2019, the standard was a 3-day notice to pay or quit under RPAPL §711. Housing Courts will dismiss non-payment petitions based on a 3-day notice served after HSTPA's effective date — landlords must use 14-day notices for any proceeding filed today.

30/60/90-Day Termination Notice — Tiered by Tenancy Length (RPL §232-a and §232-b)

To terminate a month-to-month tenancy or decline to renew an expired lease where the tenant remains in possession, the landlord must provide written notice with the following minimum advance period:

Key requirements for a valid termination notice:

• Must be in writing
• Must specify the termination date, which must be the last day of a rental period (e.g., the last day of a calendar month for monthly tenants)
• Must be served by a proper method (personal delivery, conspicuous place + mail, or certified mail + first-class mail)
• Must state the reason for termination — for rent-stabilized and Good Cause units, a legally permissible reason must be stated

Consequences of defective notice: A landlord who gives a 30-day notice to a 3-year tenant must start over — the court will dismiss any holdover proceeding based on the defective notice, and the landlord must re-serve a proper 90-day notice. This means the process could take 90 additional days (plus court time) from the error.

Pre-HSTPA comparison: Before HSTPA 2019, RPL §232-b (outside NYC) required only 1 rental period's notice (typically 30 days for monthly tenancies) regardless of how long the tenant had lived there. In NYC, RPL §232-a required only 30-day notice. The tiered system requiring 60 or 90 days for longer tenancies was new in HSTPA 2019.

Tenant-initiated termination: The tiered notice requirements apply to LANDLORD terminations only. A tenant wishing to vacate a month-to-month tenancy is typically required to give only 1 rental period's advance notice under the lease terms (usually 30 days), unless the lease specifies a longer period.

Warranty of Habitability and Retaliation Protections

Warranty of Habitability (RPL §235-b)

Every residential lease in New York carries an implied warranty of habitability under Real Property Law §235-b, regardless of what the lease says. A landlord is obligated to maintain the rental in a condition fit for human habitation and to comply with applicable building, housing, and health codes.

Standard: The premises must be fit for human habitation and for the uses reasonably intended by the parties, and there must be no condition dangerous to life, health, or safety of occupants.

Conditions that typically breach the warranty:

• No heat or hot water in winter (NYC requires heat of 68°F daytime / 62°F overnight Oct 1 – May 31)
• Mold or lead paint in dangerous conditions
• Pest infestations (rodents, cockroaches, bed bugs)
• Non-functioning plumbing, electrical hazards, or broken structural elements
• Lack of working smoke or carbon monoxide detectors

Tenant remedies for habitability breach:

• Rent abatement: The tenant may withhold a portion of rent proportional to the percentage diminution in the value of the unit. Courts award abatement as a percentage (e.g., 30% for 6 months = 30% × 6 months' rent deducted from amounts owed).
• Repair and deduct: The tenant may make necessary repairs (after notifying the landlord and allowing a reasonable time to repair) and deduct the repair cost from rent, up to one month's rent.
• HP Action (Housing Part Action): In NYC, tenants may file an HP proceeding in Housing Court seeking an order requiring the landlord to make repairs, with civil penalties for non-compliance.
• HPD enforcement (NYC): The NYC Department of Housing Preservation and Development may issue B (hazardous) and C (immediately hazardous) violations and impose fines on the landlord.

Landlord's defense is NOT a defense: The landlord cannot escape warranty of habitability obligations by blaming the tenant, by including a lease provision waiving habitability, or by claiming lack of notice. The warranty is non-waivable and runs from the first day of the tenancy.

Retaliation Prohibition (RPL §223-b)

A landlord may not retaliate against a tenant for exercising any legal right, including:

• Complaining to a government agency (HPD, DOH, building department) about code violations
• Requesting repairs or withholding rent for habitability defects
• Organizing with other tenants or joining a tenant organization
• Filing or participating in any court proceeding against the landlord
• Exercising any right under the RSL, ETPA, or Good Cause Eviction law

Prohibited retaliatory acts include: rent increases, service reductions, eviction proceedings, lease non-renewal, harassment, interference with quiet enjoyment.

HSTPA 2019 enhanced penalty: A finding of retaliation entitles the tenant to: (a) 3 months' rent as compensatory and punitive damages; (b) attorney's fees; (c) injunctive relief. The 3-months'-rent penalty was increased from 1 month's rent by HSTPA 2019. Additionally, HSTPA 2019 expanded RPL §235-e to add a list of prohibited harassment acts — a pattern of any of these acts toward a tenant (threatening, making unnecessary entry, interfering with services) can give rise to an independent harassment cause of action.

NYC Rent Stabilization Law (RSL) — Key Rules and HSTPA 2019 Changes

The NYC Rent Stabilization Law (RSL, NYC Admin. Code §§26-501 et seq.) and its companion Rent Stabilization Code (RSC, 9 NYCRR Part 2520) govern most rent-regulated apartments in New York City. For a comprehensive guide to the RSL specifically, see our NYC Rent Stabilization Law 2026 Complete Guide.

Which Apartments Are Covered?

Rent stabilization generally covers NYC apartments that are:

• In buildings with 6 or more units, AND
• Built before January 1, 1974, OR
• Receiving 421-a, J-51, or other tax benefits that condition receipt on RSL coverage

Post-HSTPA 2019: There is NO longer any mechanism for a stabilized unit to be deregulated based on rent level or tenant income. The old "luxury decontrol" thresholds (high-rent vacancy deregulation and high-rent high-income deregulation) were permanently eliminated.

For borough-specific rules and current legal registered rents, see our guides to Manhattan rent stabilization 2026, Brooklyn rent stabilization 2026, Queens rent stabilization 2026, Bronx rent stabilization 2026, and Staten Island rent stabilization 2026.

Rent Guidelines Board (RGB) Annual Orders

Annual rent increases for NYC rent-stabilized units are set by the Rent Guidelines Board (RGB), an eleven-member mayoral board. The RGB issues its order each spring (typically voted in June), effective October 1 for lease renewals commencing between October 1 and September 30 of the following year.

A stabilized landlord may not raise rent on a renewal lease by more than the applicable RGB percentage. Charging more is a rent overcharge subject to 3× treble damages under NYC Admin. Code §26-516(a) for "willful" overcharges.

HSTPA 2019 RSL Reforms — What Changed

1. Luxury Decontrol — Permanently Eliminated: Before HSTPA 2019, a stabilized apartment could be deregulated when both the rent exceeded the high-rent threshold AND the tenant household income exceeded $200,000 for two consecutive years (high-rent high-income deregulation), or when the apartment became vacant with rent above the threshold (high-rent vacancy deregulation). HSTPA 2019 eliminated both mechanisms entirely and permanently. No new deregulations may occur under these theories.

2. Preferential Rent Reform: Many landlords historically charged tenants a "preferential rent" below the DHCR-registered legal regulated rent. Pre-HSTPA, the landlord could raise to the full legal rent upon lease renewal (even far above the RGB increase). Post-HSTPA 2019: if a tenant is paying a preferential rent, the landlord may only increase the preferential rent by the applicable RGB percentage upon renewal — the landlord cannot "snap back" to the higher legal rent unless the tenant vacates.

3. Major Capital Improvement (MCI) Reform: MCI increases allow landlords to pass through costs of building-wide capital improvements (new boiler, roof, elevator). Pre-HSTPA: MCI increases were permanent, could stack, and had no absolute cap. Post-HSTPA: MCI increases are capped at 2% of the rent per year (the landlord can collect more than 2% in a given year only if the MCI was approved before HSTPA, but new MCIs post-HSTPA are subject to the 2% annual cap). Additionally, MCI increases now SUNSET after 30 years — the increase dissolves from the rent after 30 years. Applications must be filed within 2 years of work completion.

4. Individual Apartment Improvement (IAI) Cap: IAI increases allow landlords to raise rent after making improvements to a specific apartment (typically during vacancy). Pre-HSTPA: landlords could raise rent by 1/40th (or 1/60th for 35+ unit buildings) of the improvement cost, with no lifetime cap. Post-HSTPA: IAI increases are capped at $15,000 of improvement cost per apartment per 15-year cycle (raising rent by $15,000 ÷ 168 = ~$89.29/month). For buildings with 35+ units NOT enrolled in a 421-a or J-51 program, the cap is $30,000 per 15-year cycle. Landlord self-help labor (the landlord's own hours at a claimed wage) cannot be counted as an IAI cost. Improvements must be documented with actual contractor invoices.

5. Vacancy Bonus — Eliminated: Pre-HSTPA 2019, landlords could increase the rent by 20% when a stabilized apartment became vacant (the "vacancy bonus"). HSTPA 2019 eliminated the vacancy bonus entirely. Stabilized rents now carry over from one tenant to the next at the same legal rent (subject only to RGB increases for the new lease).

For borough-by-borough detail on NYC rent stabilization renewals, see our guide to NYC rent stabilization renewal 2026.

Emergency Tenant Protection Act (ETPA) — Nassau, Westchester, Rockland, Albany Counties

The Emergency Tenant Protection Act of 1974 (ETPA, McKinney's Unconsol. Laws §§8621 et seq.) allows counties of Nassau, Westchester, Rockland, and (since 2019) Albany to declare housing emergencies and bring buildings into rent stabilization. The ETPA is a permissive framework — counties and municipalities can opt in, but the law does not automatically apply.

How ETPA Works

1. Declaration of Emergency: The county (or a municipality within the county, with county approval) declares a housing emergency based on a vacancy rate below 5%.
2. Coverage: Residential buildings with 6 or more units built before January 1, 1974 in the declaring jurisdiction are brought under stabilization.
3. Rent Increases: Set by a local Rent Guidelines Board, typically following the NYC RGB or a locally computed equivalent.
4. Administration: DHCR administers ETPA stabilization, not a local agency.

Which Municipalities Have ETPA Stabilization?

Upstate landlords outside ETPA: If your building is in Buffalo, Rochester, Syracuse, or anywhere outside the four ETPA-eligible counties, your units are NOT covered by ETPA regardless of building age or size. These markets fall under the HSTPA statewide rules (deposit, notices, fees) and, for qualifying buildings, Good Cause Eviction. See our guides to Buffalo NY rent increase 2026 and Rochester NY rent increase 2026 for details specific to those markets.

Good Cause Eviction (RPL §§231-a – 231-i) — Statewide Expansion, Effective April 2024

New York's Good Cause Eviction law (Real Property Law §§231-a through 231-i) became effective April 20, 2024 as part of the Fiscal Year 2025 Budget Act. It is the most significant expansion of statewide tenant protections since HSTPA 2019 and creates a new framework for the majority of non-rent-controlled New York apartments. For a comprehensive treatment of Good Cause Eviction statewide and how it affects Buffalo, Albany, and Rochester landlords specifically, see our guide to New York Good Cause Eviction Act 2026.

Coverage — Who Is Subject to Good Cause Eviction?

Good Cause Eviction applies to residential rentals that satisfy BOTH of these conditions:

1. NOT already covered by RSL or ETPA: Units governed by the NYC Rent Stabilization Law or the Emergency Tenant Protection Act are already subject to just-cause eviction protections under those laws and are excluded from Good Cause to avoid double-regulation.
2. The unit is EITHER in a building with 4 or more residential units, OR owned by a landlord who owns 10 or more residential rental units in New York State in total (aggregating across all buildings owned by the same person or entity).

Small Landlord Exemption

A unit is exempt from Good Cause Eviction if the building meets ALL of the following:

• The landlord is a natural person (not an LLC, corporation, or trust — the "entity exemption" trap)
• The building is owner-occupied (the natural person landlord lives in the building)
• The building contains 10 or fewer residential rental units total

Entity trap: If the building is owned by an LLC or corporation, even a single-member LLC where the member is an individual who lives in the building, the small landlord exemption does NOT apply. Only natural persons (human beings) owning in their individual name qualify. Many small landlords who own property through LLCs for liability protection inadvertently lose the small-landlord exemption.

What Good Cause Eviction Requires

Just-cause required for eviction: A landlord may not evict a tenant in a covered unit without establishing one of the following enumerated just-cause grounds:

• Non-payment of rent (after proper 14-day notice)
• Material violation of a substantial lease obligation
• Nuisance or disorderly conduct that substantially interferes with other tenants
• Illegal use of the premises
• Tenant's unreasonable refusal to agree to a lease renewal on the same material terms (with rent increase not exceeding the Good Cause threshold)
• Owner or immediate family member primary residence use (with 90-day notice)
• Condominium or cooperative conversion requiring vacancy
• Sale of the unit requiring vacancy
• Demolition
• Permanent withdrawal from the residential rental market
• Health, safety, or building code violation that requires vacancy

The Rent Increase Defense — 5% + CPI Cap

Good Cause Eviction creates an indirect rent cap through a tenant-side defense: if a landlord raises rent by more than the "reasonable rent increase" threshold — defined as 5% PLUS the local CPI-U for the most recent year, not to exceed 10% total — and then seeks to evict the tenant for non-payment of the increased amount, the tenant can raise Good Cause as a defense in the eviction proceeding.

How the defense works:

1. Landlord proposes a 15% rent increase for renewal
2. Local CPI-U is 4%; Good Cause threshold is 5% + 4% = 9%
3. Tenant may pay only the 9% increase and refuse the excess 6%
4. Landlord files non-payment eviction for the unpaid 6%
5. Tenant raises Good Cause defense in Housing Court
6. Court determines whether the increase above 9% was "reasonable" — landlords may try to justify above-threshold increases by showing documented cost increases (property taxes, insurance, utilities)

Good Cause does NOT automatically void any rent increase above the threshold — it gives tenants a defense to contest it. The outcome depends on the court.

Mandatory Lease Disclosure

Every lease offered for a Good Cause-covered unit must include the DHCR-prescribed disclosure informing the tenant that the unit is subject to Good Cause Eviction and explaining the tenant's rights. Failure to include this notice is itself a defense to eviction. DHCR has published the required disclosure language; landlords should verify they are using the current version.

New York Housing Court System — NYC vs. Upstate

New York City Housing Court (Civil Court Act §110)

New York City has a dedicated Housing Court, which is a part of the New York City Civil Court. Housing Court operates in each borough:

• Manhattan: 111 Centre Street, New York, NY 10013
• Brooklyn: 141 Livingston Street, Brooklyn, NY 11201
• Queens: 89-17 Sutphin Boulevard, Jamaica, NY 11435
• Bronx: 1118 Grand Concourse, Bronx, NY 10456
• Staten Island: 927 Castleton Avenue, Staten Island, NY 10310

NYC Housing Court handles non-payment proceedings, holdover proceedings, and HP (harassment/repair) proceedings. Landlords and tenants in NYC must use Housing Court for residential landlord-tenant disputes — Supreme Court has concurrent but rarely-used jurisdiction for residential matters.

Upstate New York Courts

Outside NYC, residential landlord-tenant proceedings (RPAPL Article 7 summary proceedings) are heard in:

• Town and Village Justice Courts: Most common venue for landlord-tenant matters in suburban and rural New York. Judges may be non-lawyers (lay justices). Appeal lies to County Court.
• City Courts: Cities with a City Court (Buffalo, Rochester, Syracuse, Albany, Yonkers, etc.) handle landlord-tenant proceedings there. Judges are lawyers.
• Supreme Court: Has concurrent jurisdiction but is rarely used for residential matters due to cost and formality.

Key differences from NYC Housing Court:

• No legal aid organization automatically assigned to tenants (NYC Housing Court has multiple legal services organizations at the courthouse)
• Proceedings may move faster or slower depending on local court docket
• Judges may be less familiar with RSL/ETPA nuances in upstate courts
• HSTPA's 14-day notice and 30/60/90-day termination requirements apply equally upstate

Summary Proceeding Timeline

NY Rent Law Framework — Four-Way Comparison for 2026

10 Common Mistakes New York Landlords Make Under HSTPA 2019

1. Collecting more than 1 month's security deposit. The 1-month cap is absolute. Collecting 2 months with one labeled "last month's rent" is a violation. Any excess collected must be refunded; the tenant can sue immediately without waiting for move-out.
2. Charging non-refundable fees. Move-in fees, cleaning fees, pet deposits labeled "non-refundable," admin fees — all are prohibited under RPL §227-c. These fees are void and recoverable by the tenant. Check every lease addendum and rider for these provisions.
3. Returning the deposit after 14 days (even by one day). Missing the 14-day return deadline — even by a single day — triggers forfeiture of ALL deduction rights. The landlord must return 100% even if there is significant damage. Courts apply this strictly with no equitable exceptions.
4. Serving a 3-day notice for non-payment. The 3-day non-payment notice was eliminated by HSTPA 2019. A landlord who serves a 3-day notice and then files in Housing Court will have the petition dismissed. Only the 14-day notice is valid.
5. Giving only 30-day notice to a long-term tenant. A 30-day notice to vacate issued to a tenant who has lived there for 3 years is legally insufficient. The tenant can ignore it, and the court will dismiss any resulting holdover proceeding. The landlord must re-serve with the proper 90-day notice.
6. Charging application fees above $20. Charging $40 for a credit check and background check combined violates RPL §238-a. The excess is recoverable. Also, charging any fee at all when the tenant provides their own screening report is a violation.
7. Charging late fees with less than 5 days' grace period. A lease that charges a late fee on day 3 or 4 after the due date is violating RPL §238-a's mandatory 5-day grace period. Late fees charged before day 5 are voidable and recoverable.
8. Failing to segregate the security deposit (6+ unit buildings). Landlords of buildings with 6+ units must hold deposits in a separate interest-bearing account and notify the tenant of the bank and account number within 30 days. Commingling with operating funds, even temporarily, violates GOL §7-103 and is a defense in any deposit dispute.
9. Assuming Good Cause Eviction doesn't apply because the building is small. The Good Cause small landlord exemption requires the landlord to be a NATURAL PERSON, own-occupy the building, and have 10 or fewer units. An LLC owner — even a single-member LLC — does not qualify for the natural person exemption, regardless of building size.
10. For NYC: failing to register the unit annually with DHCR. A rent-stabilized landlord who has not registered the unit cannot lawfully collect rent increases. Tenants can challenge an unregistered unit, obtain the registration history, and potentially recover overcharges going back to the base date. DHCR registration is the foundation of all stabilized rent increases.

New York Landlord HSTPA 2019 Compliance Checklist — 10 Steps

1. Audit your leases for prohibited provisions. Remove any clause charging non-refundable fees (move-in, cleaning, admin, pet). Remove any clause collecting more than 1 month security deposit. Remove any late fee that applies before 5 days past the due date or exceeds $50 / 5% of monthly rent. Remove any application fee provision above $20.
2. Update your security deposit collection process. Collect exactly 1 month — no more. Create a separate bank account for deposits (required for 6+ unit buildings; advisable for all). Document the account details and provide the bank name + account number to the tenant in writing within 30 days of collection.
3. Schedule and document pre-move-in inspections. Offer every new tenant the right to a walkthrough inspection before the tenancy begins. If the tenant accepts, conduct the walkthrough with them present. Document the condition of every room with dated photographs and a written condition report signed by both parties. This protects your deduction rights when they move out.
4. Set a deposit return calendar reminder for every vacating tenant. The 14-day clock starts when the tenant vacates. Set a hard reminder for Day 10 to inspect, document, calculate deductions (if any), and prepare the itemized statement. Mail or deliver the return and statement on Day 12–13 at the latest. Never assume "a few extra days" is acceptable — it is not.
5. Update your non-payment notice template. Replace any 3-day notice template with a 14-day notice to pay or quit. Verify the notice specifies: (a) the exact dollar amount owed; (b) the rental period(s) covered; (c) the tenant's name and unit address; (d) the 14-day deadline; (e) that the tenant may cure by paying the full amount within 14 days. Serve via RPAPL §735-compliant method.
6. Verify your termination notice periods match tenancy length. Before serving any termination notice on a month-to-month tenant, calculate how long they have lived in the unit. Under 1 year: 30 days. 1–2 years: 60 days. 2+ years: 90 days. Count from move-in date to the date you plan to serve notice. When in doubt, give the longer notice.
7. NYC landlords: register every stabilized unit with DHCR each year. DHCR registration is due by July 31 for the prior year's rent roll. File the annual registration statement for each unit listing the legal regulated rent. Keep copies. Failure to register caps your ability to collect increases.
8. Determine if Good Cause Eviction applies to your portfolio. List all buildings and units you own statewide. If your total residential rental units (across all buildings) reach 10 or more, Good Cause applies to your non-RSL/non-ETPA units regardless of building size. Review your LLC structure — if properties are in LLCs, the small-landlord exemption does not apply even for small buildings.
9. Add the required Good Cause Eviction disclosure to leases. If Good Cause Eviction covers any of your units, include the DHCR-prescribed disclosure in every lease offered for those units. Obtain an executed copy showing the tenant received and signed the disclosure. Without the disclosure, any eviction from a covered unit is subject to a defense.
10. Document anti-retaliation compliance. Keep a log of any tenant complaints (to you, to HPD, to any government agency), repair requests, and your response timeline. If you raise rent or start an eviction proceeding within 90 days of a tenant complaint, you may face a retaliation claim. Document the independent business reason for any rent increase or eviction that occurs close in time to a tenant complaint.

New York City and Upstate — Per-City Rent Law Guides

Each borough and major upstate city has specific details about local rent law, market conditions, and employer landscape that affect landlord decisions. Use these guides for jurisdiction-specific information:

• Manhattan Rent Stabilization 2026 — RSL coverage, legal rent lookup, RGB renewal increases, DHCR registration for Manhattan landlords
• Brooklyn Rent Stabilization 2026 — RSL rules for Brooklyn buildings, MCI/IAI reform impact, preferential rent restrictions
• Queens Rent Stabilization 2026 — Queens RSL coverage, 421-a buildings, major employer submarkets
• Bronx Rent Stabilization 2026 — Bronx RSL buildings, NYCHA context, submarket analysis
• Staten Island Rent Stabilization 2026 — Smaller RSL portfolio, commuter patterns, single-family vs. multi-family distinctions
• NYC Rent Stabilization Renewal 2026 — Step-by-step guide to offering a stabilized renewal lease, RGB increase math, renewal notice timing
• Buffalo NY Rent Increase 2026 — No local rent control; HSTPA statewide rules + Good Cause Eviction; University at Buffalo + Buffalo Niagara Medical Campus employer context
• Rochester NY Rent Increase 2026 — No local rent control; HSTPA 2019 rules; University of Rochester + Paychex + Wegmans employer submarkets

New York Landlord-Tenant Law FAQ — 2026