Tenant Rights in New York State

The Warranty of Habitability

Under New York Real Property Law Section 235-b, every residential lease in the state includes an implied warranty of habitability. This means your landlord must maintain the apartment in a condition that is safe, clean, and fit for human habitation. Specifically, the landlord must provide:

• Working plumbing and hot water
• Adequate heat (between October 1 and May 31, the apartment must be at least 68 degrees when the outside temperature drops below 55 degrees during the day, and at least 62 degrees at night)
• Working electrical systems
• Freedom from pests, mold, and lead paint hazards
• Functioning smoke and carbon monoxide detectors
• Secure locks on all entry doors and windows

If your landlord fails to maintain habitable conditions, you have the right to withhold rent or make repairs yourself and deduct the cost from rent. However, you should always document the issue in writing and give the landlord reasonable time to respond before taking these steps.

Security Deposit Protections

New York's Housing Stability and Tenant Protection Act of 2019 significantly strengthened deposit protections:

• Security deposits are capped at one month's rent — no exceptions
• Landlords must return the deposit within 14 days after you move out
• If the landlord makes deductions, they must provide an itemized statement
• Deposits must be held in a separate interest-bearing account at a New York banking institution
• Landlords cannot charge non-refundable fees disguised as deposits

Eviction Protections

A landlord cannot evict you without going through the court system. Self-help evictions — such as changing the locks, shutting off utilities, or removing your belongings — are illegal in New York, regardless of what the lease says.

The eviction process in New York requires:

• Written notice (the type and length depend on the reason for eviction and whether the unit is rent-stabilized)
• Filing a petition in court
• A court hearing where both parties can present their case
• A court-issued warrant of eviction executed by a marshal or sheriff

For non-payment of rent, the landlord must first serve a 14-day demand for rent. If you do not pay within 14 days, the landlord can begin eviction proceedings in court. You have the right to appear and raise defenses, including habitability violations or landlord retaliation.

Lease Renewals

If you have a lease for one year or more and live in a building with four or more units, your landlord must give you written notice of their intent not to renew at least 30 days before the lease expires (60 days for tenants who have lived there for one to two years, 90 days for two or more years). If the landlord does not provide notice, the lease automatically renews on the same terms.

Retaliation Protections

It is illegal for a landlord to retaliate against you for exercising your legal rights. This includes retaliation for:

• Reporting health or safety violations to government agencies
• Joining or organizing a tenant association
• Withholding rent due to habitability issues (after proper notice)

Retaliatory actions — such as raising rent, reducing services, or filing eviction proceedings — within six months of a tenant complaint are presumed retaliatory under New York law.

Discrimination Protections

Under the New York State Human Rights Law and the federal Fair Housing Act, landlords cannot discriminate based on race, color, national origin, religion, sex, familial status, disability, age, marital status, sexual orientation, gender identity, military status, or source of income (including Section 8 vouchers).

Right to Repairs

When you request a repair, document it in writing (email or letter). Keep copies of all correspondence. If the landlord does not respond within a reasonable time, you may contact Albany's Code Enforcement office to file a complaint. For emergency repairs (no heat, no hot water, broken locks), the landlord is expected to respond within 24 hours.

Where to Get Help

If you believe your rights are being violated, several Albany-area resources can help:

• Albany County Bar Association — free legal referrals
• Legal Aid Society of Northeastern New York — free legal assistance for qualifying tenants
• Albany Code Enforcement — housing condition complaints
• New York State Division of Housing and Community Renewal — rent regulation questions
• New York Attorney General's office — tenant rights hotline

Knowing your rights is the first step to protecting them. Keep this guide bookmarked, and always document interactions with your landlord in writing.