This simple guide covers your rights and responsibilities as an NYC renter, what you need to know about the 2019 rent laws and the FARE Act, how to report violations, and helpful city and state resources for tenants.
Note: The content contained in this article is meant as a starting point. Please contact an attorney for legal advice.
Understanding your rights as a renter starts with simply knowing what those rights are. Here are some key rights and responsibilities all NYC renters should know.
As a tenant, you’re required to obey the law and comply with the terms of your lease. You’re responsible for any damages you cause to the property, including those caused by negligence or abuse. You must give the landlord reasonable access to your unit to make repairs or improvements, and respond to any legally required notices.
Your landlord is required to ensure a safe, clean, and well-maintained environment both in your apartment and throughout the building. They’re also responsible for maintaining security measures, heating, hot and cold water, and proper lighting.
According to the Fair Housing Act of 1968 and a combination of city and state laws, including New York City and State Human Rights Law, it’s illegal for someone to refuse to rent to you based on the following protected classes or characteristics:
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The New York City Fair Chance Housing Law also prevents most NYC housing providers from discriminating against renters due to arrest records, convictions, or other criminal history. Effective as of January 1, 2025, it allows housing providers covered under the law to conduct a criminal background check only after reviewing an applicant’s general eligibility and making a conditional offer. Providers can only review limited convictions as part of the background check, and an applicant’s criminal background is not a sufficient reason for a provider to deny housing. Read more about the NYC Fair Chance Housing Law.
If it’s below 55 degrees outside during “Heat Season” (October 1 to May 31), your apartment needs to be heated to at least 68 degrees during the day.
Renters have a right to working heat and hot water. The city recognizes a “Heat Season” from October 1 to May 31, during which apartments must be heated to certain temperatures: at least 68 degrees between 6am and 10pm if the outside temperature is below 55 degrees, and at least 62 degrees between 10pm and 6am regardless of the outside temperature. Your landlord must also ensure you have hot water 24 hours a day, 365 days a year at a minimum constant temperature of 120 degrees.
Landlords of buildings with three or more units must paint them every three years. Landlords in charge of one to two units must also paint them as necessary.
NYC’s Building Code designates what can and cannot be considered a legal bedroom. Building codes are complex, and requirements for bedrooms can vary based on the zoning district, building, characteristics of the rest of the apartment, and more.
Nonetheless, with exceptions, some basic requirements for a legal bedroom are that it must:
Notice something missing from this list? A closet. That’s right: sadly, there’s no requirement that an NYC bedroom has a closet.
A legal bedroom must have at least one window (or skylight, in some cases), but sadly, a closet is not required.
Your landlord can only enter your apartment in certain situations. If there’s an emergency, they may enter without notice. After providing notice, they may enter to make urgent or agreed-upon repairs, to show the unit to potential buyers or renters, or in accordance with the lease.
Under the Unlawful Eviction Law, your landlord can’t change your locks with the intention of locking you out if they don’t have an eviction warrant, or if you’re: a tenant or subtenant with a lease; an occupant who has lawfully lived in the apartment for more than 30 days (with or without a lease); or a subtenant, roommate, or relative who has lived in the apartment for at least 30 days, even if you’re not on the lease and have not made any direct payments to the landlord.
If you’ve been illegally locked out, you can go to the nearest police station to report the incident, or go to Housing Court and open an “illegal lockout” case.
First, you can find out whether your unit is rent-controlled or rent-stabilized by checking your lease, asking your landlord, or accessing your apartment’s rental history from the NYC Department of Homes and Community Renewal (DHCR). If it is, see our guide to how to find a rent-stabilized apartment in NYC which covers legally allowed rent increases on such units.
If your apartment is not rent-controlled or rent-stabilized, your rent can’t be raised more than is permitted by your lease.
It’s illegal for your landlord to harass you in an attempt to force you out of the apartment. Examples include physical or verbal abuse, consistent withholding of services, or persistent physical or verbal intimidation.
No-pet policies must be waived for service animals and emotional support animals with proper documentation.
It’s up to your landlord whether pets are allowed, and pet policies are typically outlined in the lease. Service animals used by blind, deaf, or disabled people, as well as emotional support animals with an approved Reasonable Accommodation Request (RAR), are exceptions.
For more information on pet regulations, visit the Tenants’ Rights and Responsibilities page on the NYC Housing Preservation & Development (HPD) website.
The Housing Stability and Tenant Protection Act of 2019 was a major, comprehensive piece of legislation and one of the most significant advancements of tenant rights in decades. It introduced and strengthened a number of protections, but the following are crucial for all NYC renters to know.
Note: Exceptions may apply for rental units in co-op or condo buildings.
A landlord can only charge up to one month’s rent for a security deposit. For instance, if you’re moving into an apartment with a monthly rent of $2,500, your security deposit cannot be more than $2,500. This applies even to renters without a lease.
In addition to your security deposit, you can only be required to pay up to one month’s rent in advance to move into an apartment. So, you cannot be asked to pay first and last month’s rent upfront (on top of your deposit).
Landlords cannot charge more than $20 for an application fee, inclusive of a credit and background check. If you can provide your own copy of a credit and background check completed within the last 30 days, the application fee must be waived. However, the $20 cap does not apply to rentals in co-op or condo buildings.
For more on various renter fees, see our guide or watch the below video from StreetEasy® Home School.
Your rent must be more than five days late for you to be charged a late fee. The fee can be no greater than $50 or 5% of the monthly rent, whichever is less.
You cannot be denied a rental because you’ve had a legal conflict with a previous landlord — a practice known as tenant blacklisting. For instance, if you’ve ever sued a landlord or been taken to Housing Court, a new landlord cannot refuse to rent to you based on this information. If they cannot give a good alternative reason for denying you, the landlord may have to pay a fine.
If you break your lease, the landlord must make a good-faith effort to find a new tenant. If they do, provided the new tenant isn’t paying less than you were, you’re off the hook for the rent during the remainder of your lease.
Landlords are now required to return your security deposit within 14 days of you moving out. If any amount is withheld for damages, they’re required to provide an itemized receipt describing the damage and the cost to repair it. If this receipt isn’t issued within 14 days of your departure, the full security deposit must be returned to you.
If you’re about to move out, you have the right to have your landlord inspect the apartment with you present. At the inspection, the landlord must alert you to anything that needs to be cleaned or repaired, so you can take care of the issues yourself and prevent the costs from being taken out of your security deposit.
If you live in a market-rate apartment (meaning it’s not rent-controlled or rent-stabilized) and your landlord plans to raise the rent, they must notify you in writing if the increase is 5% or more. They must also provide advance written notice if they do not intend to renew your lease. This notice (for either a rent increase or lease non-renewal) must be given at least 30 days before your lease expires if you’ve lived in the apartment for less than a year, 60 days if you’ve lived there for one to two years, and 90 days if you’ve lived there for more than two years.
A guide to NYC renters’ rights wouldn’t be complete without addressing broker fees. For many years, a landlord could hire a broker to help fill vacant units, and the renter would be responsible for paying the broker a fee upon signing a lease.
However, this is no longer the case as of June 2025 when the Fairness in Apartment Rental Expenses (FARE) Act went into effect. The FARE Act makes it the responsibility of whoever hires the broker — which, in most cases, is the landlord or property manager — to pay the broker fee. It requires property managers or their brokers to disclose and advertise any fees a tenant must pay on their rental listings and in rental agreements or else risk a penalty, including fines and risk of lawsuit. It also gives renters the choice of hiring a broker to represent them, and ensures tenants aren’t forced to pay a broker fee as a condition of signing a lease agreement.
To learn more about what the FARE Act means for renters, see our explainer or watch the following video from StreetEasy Home School.
If you believe you’ve experienced a violation of your rights as an NYC renter, it’s important to report it to regulators and help contribute to a fairer, more transparent rental market for all. Here’s how and where to report.
For broker fee violations:
File a complaint with the NYC Department of Consumer and Worker Protection (DCWP).
If a listing on StreetEasy references a broker fee, we also encourage you to use the Report listing function on the listing page and fill out a brief form explaining the violation.
For other violations:
File a complaint with the NY State Attorney General.
For discrimination complaints:
Report it to the NYC Commission on Human Rights.
The city and state provide a plethora of official resources for tenants that can be difficult and overwhelming to navigate. That said, a useful starting point is NYC 311. Just call 311 and ask for the Tenant Helpline or contact them through their online form. They’ll help you access information about your rights and point you toward further resources to address your needs. NYC 311 also offers an online portal.
Additionally, the following resources are great places to start:
StreetEasy is also your guide to navigating the NYC rental market as we honor our commitment to a fair and transparent marketplace. Visit our resource hub for renters containing a wealth of articles and videos to help you rent with confidence.
Disclaimer: This article includes data and insights from StreetEasy and is not original content authored by the client or brokerage.
With a background in interior design, marketing, and real estate, Radhika brings a well-rounded approach to helping clients find not just a property, but a home that reflects their lifestyle. From initial search to closing, she is committed to guiding every step of the journey.
