The contract between a tenant and landlord, whether based on a written lease or a handshake, is one of the most common and important deals made across our state. It defines how renters will enjoy their home, how owners will maintain their property, and it can even affect a neighborhood’s stability.
In New York State, there are several different laws governing this relationship, which can vary depending on the county or town where you live. This booklet explains many of these laws you need to know and provides resources where you can find more information about landlord and tenant issues. If you have questions about any of the material covered in this guide, or you need our assistance with a tenant matter, please do not hesitate to contact my office at (800) 771-7755 or visit my website at ag.ny.gov.
The two types of rent regulation in New York State are rent control and rent stabilization. An individual tenant’s rights will depend, in part, upon which regulations apply, although some apartments may have multiple laws governing their tenancies. While tenants in rent regulated or government subsidized apartments have special rights, many rules and laws apply to both unregulated and regulated apartments.
To find out whether an apartment is regulated, contact the New York State Division of Housing and Community Renewal at portal.hcr.ny.gov/app/ask.
Rent control limits the rent an owner may charge for an apartment and restricts the right of the owner to evict tenants. The rent control program applies to residential buildings constructed before February 1947 in municipalities that have not declared an end to the postwar rental housing emergency. Rent control is still in effect in New York City and parts of Albany, Erie, Nassau, Rensselaer, Schenectady, and Westchester counties.
For an apartment to be under rent control, the tenant or the tenant’s lawful successor (such as a family member, spouse, or adult lifetime partner) must have been living there continuously since before July 1, 1971 (and in some situations since April 1, 1953). When a rent controlled apartment is vacated in New York City or most other localities, it becomes rent stabilized. In New York City, each rent controlled apartment has a maximum base rent that is adjusted every two years to reflect changes in operating costs, but tenants’ rents cannot exceed a Maximum Collectible Rent, which is adjusted annually and based on an average of the past five years of Rent Guideline Board orders for one year leases or 7.5% (whichever is lower). Tenants may challenge increases if the Maximum Collectible Rent to the Maximum Base rent being charged by the landlord exceeds the legal regulated rent, the building has housing code violations, the owner’s expenses do not warrant an increase, or the owner is not maintaining essential services.
Limits the rent an owner may charge for an apartment and restricts the right of the owner to evict tenants.
The rent control program applies to residential buildings constructed before February, 1947 in municipalities that have not declared an end to the postwar rental housing emergency.
In New York City, apartments are generally under rent stabilization if they are:
Outside New York City, rent stabilized apartments are generally found in buildings with six or more apartments that were built before January 1, 1974.
Local Rent Guidelines Boards in New York City, Nassau, Rockland, and Westchester counties set maximum rates for rent increases once a year which are effective for one or two year leases beginning on or after October 1 each year. Tenants in rent stabilized apartments are entitled to required essential services and lease renewals on the same terms and conditions as the original lease and may not be evicted except on grounds allowed by law.
As of June 15, 2019, other localities are now able to enact their own rent stabilization laws if the locality declares a housing emergency.
The Mitchell-Lama housing program provides rental and cooperative housing for middle-income tenants statewide. Tenants must meet eligibility requirements, including income, family size, and apartment size for both state and city-sponsored Mitchell-Lama developments.
Public Housing is a federally funded program in which state-chartered authorities develop and manage public housing developments, subject to federal, state, and local laws and regulations. Tenants in public housing are entitled to an administrative grievance process administered by the local housing authority before their tenancies may be terminated for cause. However, tenants may be brought to court directly for nonpayment of rent without an administrative hearing.
The Section 8 Housing Assistance Payments program is a federal rent and mortgage subsidy program that assists eligible low-income or displaced families, senior citizens, and persons living with disabilities in obtaining housing nationwide. Families receive a rental subsidy, known as a housing assistance payment, or a mortgage subsidy toward payments to purchase a home, equal to the difference between their share of the rent, (based on their income) and the approved rent or mortgage for the unit. Eligible families and individuals are subject to statutory income limits.
A lease is a contract between a landlord and a tenant that contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree. Leases for apartments that are not rent stabilized may be oral or written. To avoid disputes, the parties may wish to enter into a written agreement. A party must sign the lease to be bound by its terms. An oral lease for more than one year cannot be legally enforced (General Obligations Law § 5-701).
At a minimum, leases should identify the premises, specify the names and addresses of the parties, the amount and due dates of the rent, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties. Except where the law provides otherwise, a landlord may rent on such terms and conditions as are agreed to by the parties. Any changes to the lease should be initialed by both parties.
New York City rent stabilized tenants are entitled to receive a fully executed copy of their signed lease from their landlords within 30 days of the landlord’s receipt of the lease signed by the tenant. The lease’s beginning and ending dates must be stated. Rent stabilized tenants must also be given a rent stabilization lease rider, prepared by DHCR, which summarizes their rights under the law and provides specific information on how the rent was calculated.
Leases must use words with common and everyday meanings and must be clear and coherent. Sections of leases must be appropriately captioned and the print must be large enough to be read easily. (General Obligations Law § 5-702; NY C.P.L.R. § 4544.)
The following lease provisions are not allowed:
If a lease states that the landlord may recover attorney’s fees and costs incurred, a tenant automatically has a reciprocal right to recover those fees as well (Real Property Law § 234). If the court finds a lease or any lease clause to have been unconscionable at the time it was made, the court may refuse to enforce the lease or the clause in question (Real Property Law § 235-c).
For non-rent regulated apartments, the landlord does not have to renew the lease.
A lease may contain an automatic renewal clause. In such cases, the landlord must give the tenant advanced notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (General Obligations Law § 5-905).
If the landlord of the non-regulated unit intends to renew the lease with a rent increase of more than 5%, or does not intend to renew the lease, they must provide advanced written notice:
Rent stabilized tenants have a right to a one- or two-year renewal lease, which must be on the same terms and conditions as the prior lease, unless a change is mandated by a specific law or regulation. A landlord’s acceptance of a Section 8 subsidy is one such term which must be continued on a renewal lease. Landlords may refuse to renew a rent stabilized lease only under certain enumerated circumstances, such as when the tenant is not using the premises as their primary residence. For New York City rent stabilized tenants, the landlord must give written notice to the tenant of the right to renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires.
After the notice of renewal is given, the tenant has 60 days in which to accept. If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings. If the tenant accepts the renewal offer, the landlord has 30 days to return the fully executed lease to the tenant.
Non-rent regulated renters who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. Tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts a rent payment (Real Property Law § 232-c).
A month-to-month tenancy may be terminated by either party. If the landlord plans to terminate, they must give notice on the same timeline as terminating non-regulated leases (as described on the previous page). Outside of New York City, the tenant must give one month’s notice to terminate the lease.
Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-a and § 232-b).
When an apartment is not rent regulated, a landlord is free to charge any rent agreed upon by the parties. If the apartment is subject to rent regulation, the initial rent and subsequent rent increases are set by law, and may be challenged by a tenant at any time. However, recovery of rent overcharge is limited to either four or six years preceding the complaint depending on when the complaint is made.
A rent payment can only be considered late if it is received more than five days after it is due. The most your landlord can charge as a late fee is $50 or 5% of your monthly rent, whichever is less (Real Property Law § 238-a).
Tenants can use the failure by the landlord to provide this notice as an affirmative defense in a nonpayment of rent case.
Landlords must provide tenants with a written receipt when rent is paid by cash, money order, cashier’s check, or in any form other than the personal check of a tenant. Tenants paying rent by personal check may request in writing a rent receipt from the landlord. The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number. The receipt must be signed by the person receiving the payment and state his or her title. (Real Property Law § 235-e). After the tenant requests a receipt one time, the landlord must provide a receipt every month. The landlord also must keep proof of cash rent receipts for 3 years.
If the landlord of a non-regulated unit intends to increase the rent by more than 5%, they must provide advanced written notice of either 30, 60, or 90 days depending on how long the tenant has been in occupancy (see section on Renewal Leases).
Maximum rent increases for rent stabilized apartments are set each year by local Rent Guidelines Boards.
Landlords are no longer permitted to increase rent in a rent-regulated unit by 20% when it becomes vacant (the ‘vacancy bonus’). The related ‘longevity bonus,’ (when the departing tenant has lived in the unit for eight years or more) is also prohibited.
Additionally, in most cases landlords are no longer allowed to take an apartment out of rent regulation when the rent exceeds the “high-rent threshold” and the apartment becomes vacant. Also, deregulation is no longer permitted in most cases if the tenant is considered “high-income.” (There are a small number of exceptions to the high-rent and high-income deregulation prohibitions for certain new buildings that receive tax abatements.)
Apartments that were deregulated before June 14, 2019 will continue to be so.
Tenants should check their rent history to potentially challenge both the deregulation of their apartment and the rent currently being charged. To check your rent history, call the Office of Rent Administration at 1-833-499-0343, or visit portal.hcr.ny.gov/app/ask.
Other inquiries, such as those related to leases, services and rent increases, may be directed to Rent Connect at https://rent.hcr.ny.gov/RentConnect/Welcome.
For certain types of building-wide major capital improvements (MCIs) that benefit all of the tenants in a building (such as the replacement of a boiler or plumbing) the landlord may apply to DHCR to increase the rent of their rent stabilized tenants. The amount that a landlord can raise tenants’ rents due to MCIs is now capped at 2% of their current rent per year, and there is no retroactive amount. This cap applies to MCI increases not collected yet that were approved after June 16, 2012. Additionally, MCI increases are now temporary and will be removed from tenants’ rents after 30 years.
MCI increases cannot be added to your rent if there are any “hazardous” or “immediately hazardous” violations at your building. Your landlord must fix these violations before any MCI can be authorized by state regulators.
MCI increases are not permitted if fewer than 35% of the apartments in the building are rent regulated.
Landlords are also permitted to increase rents for improvements made to individual apartments (for example, new flooring, new fixtures or other improvements). Typically, these improvements occur while the unit is vacant, but can also be made in occupied units with written approval from the tenant. To increase the rent because of an IAI, the landlord must take before and after photos, maintain permanent records of the improvement, and submit documentation to the state.
The amount by which the landlord can increase the rent is determined by how much the improvements cost.
Before a landlord can collect a rent increase due to an IAI, they must first fix any “hazardous” or “immediately hazardous” violations in the apartment.
For occupied units, the tenant’s written consent must be on a DHCR form.
The landlord must use licensed contractors not affiliated by common ownership between the contractor and the landlord to perform any work it intends to count as an IAI.
A landlord can only claim up to three IAIs in a 15-year period, total costs eligible for a rent increase calculation cannot exceed $15,000. IAIs are temporary and must be removed from your rent after 30 years.
A landlord also may increase the rent because of hardship or increased labor costs.
Tenants who are senior citizens (62 or older) or living with a disability and living in rent regulated, Low-Income Housing Tax Credit (LIHTC), Limited Dividend, Redevelopment, Housing Development Fund Corporation (HDFC), or Mitchell-Lama cooperatives and rentals, may be granted certain exemptions from rent increases. Tenants may determine whether they qualify for a Senior Citizen Rent Increase Exemption (SCRIE) or a Disability Rent Increase Exemption (DRIE) by calling the NYC Department of Finance at (212) 639-9675 or visiting the walk-in center located at 66 John Street, 3rd Floor, New York, NY 10038. For SCRIE/DRIE applications for HDFC or Mitchell-Lama apartments, contact the NYC Department of Housing Preservation and Development (HPD) at (212) 863-8494. Tenants in other parts of New York State may contact DHCR to determine their eligibility.
In the past, landlords could raise rents for rent controlled tenants up to 7.5% every year, in addition to fuel pass-along charges (plus MCI and/or IAI increases).
Now, a landlord is limited to increasing a rent-controlled tenant’s rent by the average of the five most recent Rent Guidelines Board annual rent increases for one-year lease renewals, or 7.5% (whichever is less).
Landlords may no longer charge fuel costs to rent-controlled tenants.
If you believe your landlord is not following the law related to rent increases, you can make a complaint to the New York State Department of Homes and Community Renewal at hcr.ny.gov.
For rent stabilized tenants paying a rent lower than the legal regulated rent (called a preferential rent), the landlord is no longer allowed to revoke it and raise the rent to the higher legal regulated rent. This means that your landlord cannot raise your preferential rent more than the percentage set by the Rent Guidelines Board, plus any charges for MCIs or IAIs if they apply.
The lease should show your legal rent, and if you have a preferential rent, it may be shown in the section of the lease that says: “Lower rent to be charged, if any.”
In New York City and certain communities in Nassau, Rockland, and Westchester counties where rent stabilization or rent control laws apply, the landlord may not charge more than the legal regulated rent. Landlords must register each rent stabilized apartment with the DHCR and provide tenants annually with a copy of the registration statement. Tenants may also get a copy of the rent history for their apartment directly from the DHCR. The tenant may also be entitled to recover interest, plus reasonable costs and attorney’s fees, for overcharges after June 14, 2019.
Generally, the penalty for a rent overcharge is the amount an owner collected above the legal regulated rent, plus accrued interest. If the overcharge is willful, the landlord is liable for a penalty of three times the amount of the overcharge. The landlord has the burden of proving that the overcharge was not willful. Tenants who believe they are being overcharged should contact the DHCR and/or an attorney.
At the beginning of their tenancy, all tenants can be required to give their landlord a security deposit, but it is limited to no more than one month’s rent. The one-month limit means that a landlord cannot ask for last month’s rent and a security deposit. However, if the lease is renewed at a greater amount or the rent is increased during the term of the lease, the landlord is permitted to collect additional money from the tenant to bring the security deposit up to the new monthly rent. Landlords, regardless of the number of units in the building, must treat the deposits as trust funds belonging to their tenants and they may not co-mingle deposits with their own money.
Landlords of buildings with six or more apartments must put all security deposits in a New York bank account earning interest at the prevailing rate. Each tenant must be informed in writing of the bank’s name and address and the amount of the deposit. Landlords are entitled to collect annual administrative expenses of 1% of the deposit. All other interest earned on the deposits belongs to the tenant. Tenants must be given the option of having this interest paid to them annually, applied to rent, or paid at the end of the lease term. If the building has fewer than six apartments, a landlord who voluntarily places security deposits in an interest-bearing bank account must also follow these rules.
For example: A tenant pays a security deposit of $1,000. The landlord places the deposit in an interest-bearing bank account paying 1.5%. At the end of the year the account will have earned interest of $15.00. The tenant is entitled to $5.00 and the landlord may retain $10.00, 1% of the deposit, as an administrative fee.
A landlord may use the security deposit as a reimbursement for any unpaid rent, or the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment.
For tenants in units that are not rent stabilized or rent controlled, the landlord must return the security deposit within 14 days of the tenant moving out.
If the landlord takes any money out of the security deposit for damages, they must provide an itemized “receipt” describing the damage and its cost. If the landlord does not provide this receipt within 14 days of the tenant moving out, they must return the entire security deposit, whether there is damage or not.
Tenants planning to move out can ask their landlord to inspect the apartment (or rental home or other type of home rental) before the move-out date. They must allow the tenant to be present during the inspection. At that inspection, the landlord must tell the tenant what needs to be fixed or cleaned. The tenant then has the opportunity to fix any issues to prevent the landlord from keeping part or all of the security deposit.
If the landlord deliberately breaks this law, the tenant may be entitled to up to twice the amount of the security deposit.
Note: Currently, these laws only apply to tenants in non-rent regulated units. For rent regulated units, the landlord must return the security deposit to the tenant, less any lawful deduction, at the end of the lease or within reasonable time thereafter, whether or not the tenant asks for its return. Upon vacating, the tenant should leave the apartment in clean condition, removing all personal belongings and trash from the apartment, and making any minor repairs needed.
Our office may be able to help you get back your rent security deposit. To request help, simply file a rent security complaint form with: Office of the New York State Attorney General Bureau of Consumer Frauds and Protection. You may access this form at formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGRSHome.
If the building is sold, the landlord must transfer all security deposits to the new owner within five days or return the security deposits to the tenants. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner.
Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest. This responsibility exists whether or not the new owner received the security deposits from the former landlord.
Purchasers of rent controlled buildings or buildings containing six or more apartments where tenants have written leases are directly responsible to tenants for the return of security deposits and interest in cases where the purchaser has “actual knowledge” of the security deposits. The law defines specifically when a new owner is deemed to have “actual knowledge” of the security deposits (General Obligations Law, Article 7, Title 1).
When problems arise regarding security deposits, tenants should first try to resolve them with the landlord before taking other action. If a dispute cannot be resolved, tenants may contact the nearest local office of the Attorney General, listed at the end of this booklet.
If the building is sold, the landlord must transfer all security deposits to the new owner within five days or return the security deposits to the tenants.
Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner.
Subletting and assignment are methods of transferring the tenant’s legal interest in an apartment to another person. Here are the differences between the two.
To sublet means that the tenant is temporarily leaving the apartment and therefore is transferring less than the entire interest in the apartment. A tenant who subleases an apartment is called the prime tenant and the person temporarily renting the premises is the subtenant.
Tenants in buildings with three or fewer apartments do not have a right to sublet. They can ask the landlord to sublet but the landlord does not have to agree. If the landlord unreasonably withholds their consent to sublet, the tenant’s only remedy is to be let out of their lease after 30 days’ notice to the landlord.
Tenants in buildings with four or more apartments have the right to sublet with the landlord’s advance consent. Any lease provision restricting a tenant’s right to sublease is void as a matter of public policy. If the landlord consents to the sublet, the tenant remains liable to the landlord for the obligations of the lease, including all future rent. If the landlord denies the sublet on reasonable grounds, the tenant cannot sublet, and the landlord is not required to release the tenant from the lease. If the landlord denies the sublet on unreasonable grounds, the tenant may sublet anyway. If a lawsuit results, the tenant may recover court costs and attorney’s fees if a judge rules that the landlord denied the sublet in bad faith (Real Property Law § 226-b(2)).
These steps must be followed by tenants wishing to sublet:
Additional requirements limited to rent stabilized tenants:
To assign means that the tenant is transferring the entire interest in the apartment lease to someone else and permanently vacating the premises. The right to assign the lease is much more restricted than the right to sublet. A sublet or assignment which does not comply with the law may be grounds for eviction.
A tenant may not assign the lease without the landlord’s written consent. The landlord may withhold consent without cause. If the landlord reasonably refuses consent, the tenant cannot assign and is not entitled to be released from the lease. If the landlord unreasonably refuses consent, the tenant is entitled to be released from the lease within 30 days from the date the request was given to the landlord (Real Property Law § 226-b(1)).
It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant, and the occupant’s dependent children provided the tenant or the tenant’s spouse occupies the premises as their primary residence. When the lease names more than one tenant, these tenants may share their apartment with immediate family; and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant’s spouse must occupy the shared apartment as a primary residence.
A tenant must inform the landlord of the name of any occupant within 30 days of the occupant moving into the apartment or 30 days of a landlord’s request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord’s express consent.
Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards (Real Property Law § 235-f).
Family members living in an apartment not covered by rent control, rent stabilization, or other housing governed by a regulatory agreement generally have no right to succeed a tenant who dies or permanently vacates the premises. The rights of a family member living in a rent controlled or rent stabilized apartment to succeed a tenant of record who dies or permanently vacates are covered by DHCR regulations. Under these regulations, a “family member” is defined as husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the tenant; or any other person residing with the tenant in the apartment as primary resident who can prove emotional and financial commitment and interdependence with the tenant (9 NYCRR § 2520.6(o)(2)).
Minimum Residency — A family member would succeed to the rights of the tenant of record upon the tenant’s permanent departure or death, provided the family member lived with such a primary resident either
(1) not less than two years (one year in the case of senior citizens and persons living with a disability persons), or
(2) from the commencement of the tenancy or the relationship, if the tenancy or relationship was less than two years— or one year, in the case of senior citizens and tenants living with a disability (9 NYCRR § 2523.5).
The minimum residency requirements will not be considered interrupted by any period during which the “family member” temporarily relocates because he or she is engaged in active military service, is enrolled as a full-time student, is not living in the residence because of a court order, is temporarily relocated for employment, is hospitalized; or other reasonable grounds.
To ensure that the landlord is aware of all persons residing in the apartment who may be entitled to succession rights or protection from eviction, a tenant may wish to submit a notice listing all additional occupants to the landlord (9 NYCRR § 2523.5(b)(2)). The landlord may request from the tenant, but not more than once in any twelve month period, the names of all persons residing in the apartment.
Remaining family members living in government-financed housing (such as a public development, an apartment owned by the local municipality, or in an apartment where the prime tenant had Section 8 Rental Assistance) and where the named tenant of record has died or moved out, may also have the right to succeed to that tenant’s lease and/or rent subsidy. Family members seeking succession rights in these circumstances must check the applicable federal and municipal regulations and the local public housing authority rules to determine if they meet the eligibility requirements. Under federal regulations, persons alleging they are remaining family members of a tenant are entitled to a grievance hearing before eviction if they can make a plausible claim to such status.
If you leave your apartment or other rental home before your lease ends, your landlord must make a good-faith effort to fill the vacancy. If the landlord finds a new tenant and the new tenant’s rent is equal or higher to your rent, your lease is considered terminated and you are no longer liable for the rent.
Tenants or their spouses or dependents living with them who are 62 or older, or who will turn 62 during the term of their leases, or who are living with a disability as defined in Executive Law 292 (21); are entitled to terminate their leases if:
When given notice of the tenant’s intention to move into one of the above facilities, the landlord must release the tenant from liability to pay rent for the balance of the lease and adjust any payments made in advance.
Written notice must include:
For individuals living with a disability, the notice does not have to be additionally accompanied by a notarized family member statement. (Real Property Law § 227-a(2)(b).
Anyone who interferes with the tenant’s or the tenant’s spouse’s removal of personal effects, clothing, furniture, or other personal property from the premises to be vacated will be guilty of a misdemeanor (Real Property Law § 227-a(3)).
Owners or lessors of a facility of a unit into which a senior citizen or person living with a disability is entitled to move after terminating a lease must advise such tenant in the admission application form of the tenant’s rights under the law (Real Property Law §227-a(3-a)).
In all rent controlled apartments and in rent stabilized apartments outside of New York City, a senior citizen may not be evicted for purposes of owner occupancy. In New York City, a landlord may evict a senior citizen for this purpose only if the tenant is provided with an equivalent or superior apartment at the same or lower rent in a nearby area. (9 NYCRR § 2524.4;9 NYCRR § 2504.4; NYC Admin. Code § 26408(b)(1)).
Individuals entering active duty in the military may terminate a residential lease if:
Any such lease may be terminated by written notice delivered to the landlord at any time following the beginning of military service. Termination of a lease requiring monthly payments is not effective until 30 days after the first date on which the next rent is due (NY Military Law § 310).
A tenant or a member of the tenant’s household who is a victim of domestic violence and reasonably fears potential further domestic violence by remaining in their apartment can terminate the lease by sending a notice to the landlord that they are leaving. The notice must be sent at least 30 days before the tenant intends to leave and must state that the tenant or a member of the tenant’s household has experienced domestic violence and reasonably believes the tenant, or the member of the tenant’s household, is unable to safely remain in apartment as a result of the domestic violence. Within 25 days of sending the notice, the tenant must provide documents that the tenant or household member is a victim of domestic violence. Documents can include an order of protection, a complaint to law enforcement about domestic violence, a record from a health care provider of treatment related to domestic violence, or written verification from a qualified third party that the tenant or household member reported domestic violence. The landlord must keep all documentation and information about the domestic violence confidential and an intentional violation would expose the landlord to penalties and a damage award. The tenant must leave the apartment free and clear of any occupants, unless there are other persons on the lease, in which case those tenants have the options to remain. (Real Property Law § 227-c).
A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unregulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment.
A tenant should never ignore legal papers; an eviction notice can still be sent if a tenant did not appear in court to answer court papers (petition) sent by the landlord.
Unless the tenant vacates the premises by a specified date after notice from the landlord, the landlord may commence eviction proceedings through: (a) a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent; or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal purposes, or committing or permitting a nuisance) or stays beyond the lease term without permission. (Real Property Actions and Proceedings Law (RPAPL § 711)).
Landlords of rent regulated apartments may be required to seek approval from DHCR before commencing a court proceeding for possession, for example, if the owner seeks to demolish the building. If a tenant fails to pay rent, is causing a nuisance, damages the apartment or building, or commits other wrongful acts, the owner may proceed directly in court.
Your landlord cannot bring you to court for non-payment of rent unless they have given you a 14-day written “rent demand.”
A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession; and only a sheriff, marshal, or constable can carry out a court ordered warrant to evict a tenant.
Landlords may not take the law into their own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant’s possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat.
When a tenant is evicted the landlord must give the tenant a reasonable amount of time to remove all belongings. The landlord may not retain the tenant’s personal belongings or furniture (RPAPL §749; Real Property Law § 235).
Until you are evicted (i.e. the sheriff or marshal executes a warrant of eviction), you can have your non-payment case dismissed if you pay all rent that is owed.
In a non-payment case, you can only be evicted for not paying your rent. You cannot be evicted for non-payment of other fees (such as late fees, legal fees, or any other “added” fee).
If you lose a housing case and the judge orders your eviction, you can ask the court for up to one year to move if you can show that you cannot find a similar apartment in the same neighborhood. It is up to the judge’s discretion. The judge will take into account your health conditions, whether you have children enrolled in school, the hardship on the landlord if you remain, and any other life circumstances that could affect your ability to move. You may be required to continue to pay rent for the months you remain.
New laws strengthen protections for tenants against retaliatory evictions and increase penalties for landlords who illegally lock tenants out of their homes.
A tenant evicted from an apartment in a forcible or unlawful manner can recover triple damages in a legal action against the landlord. Landlords who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant may be entitled to be restored to occupancy (RPAPL 768; RPAPL § 853; NYC Admin. Code § 26-523, § 26-521).
Additional rules apply in certain situations concerning evictions. In New York City, a landlord may not evict a tenant in a rent stabilized apartment for purposes of owner occupancy if the tenant or the spouse of the tenant is a senior citizen, is living with a disability, or has been a tenant in an apartment for 15 years or more, unless the landlord provides an equivalent or superior apartment at the same or lower rent in a nearby area (NYC Admin Code 26-511(9). In rent controlled apartments statewide and in rent stabilized apartments outside New York City, a landlord may not evict a senior citizen, a person living with a disability, or any person who has been living in the apartment for 15 years or more for purposes of owner occupancy (NYC Admin. Code § 26-408(b) (1)).
Reminder: When facing eviction, it is often a good idea to consult an attorney. There are many free legal service providers across New York State that can represent tenants who qualify for their services. Check lawhelp.org. The Office of the Attorney General cannot provide direct legal advice.
