New York Landlord Tenant Lawyer
Landlord-Tenant Law Has Changed. Are You Current?
The Housing Stability and Tenant Protection Act of 2019, the Good Cause Eviction Law of 2024, and DHCR regulations have fundamentally reshaped the landlord-tenant relationship across New York State. Seraj Law helps landlords and tenants understand and enforce their rights under current law.
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Understand your situation
Disputes Between Landlords and Tenants
New York's landlord-tenant law has undergone the most sweeping changes in a generation. Landlords who operate on pre-2019 assumptions about security deposits, lease renewals, rent increases, and eviction grounds face serious legal and financial exposure. Tenants who do not know their statutory rights can be pushed out of tenancies they are legally entitled to keep.
Landlord-Tenant Law in New York State: The Current Framework
New York’s landlord-tenant relationship is governed by a layered body of law that has shifted significantly since 2019. The Housing Stability and Tenant Protection Act — the most comprehensive reform in decades — and the Good Cause Eviction Law of 2024 together have created a legal environment that requires landlords across the state to understand their current obligations before making leasing decisions they may not be able to unwind. At the same time, tenants who are unaware of their statutory protections frequently accept terms or practices that are no longer permitted.
Seraj Law provides landlord-tenant counsel that reflects New York law as it actually exists in 2026 — not as it existed before the legislative changes that restructured the field.
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Know the law
Landlord-Tenant Counsel in New York
Seraj Law represents both landlords and tenants in New York landlord-tenant disputes. We analyze the specific tenancy — regulated or unregulated, the applicable municipality, the lease terms, and the conduct at issue — and provide counsel that accounts for the current statutory framework, not the one that existed five years ago.
Core Statutes Governing New York Landlord-Tenant Relationships
Real Property Law § 235-b: The Warranty of Habitability
New York Real Property Law § 235-b imposes a non-waivable obligation on every residential landlord: the premises must be maintained in a habitable condition throughout the tenancy. This means the landlord must keep the property free from conditions that are dangerous to life, health, and safety. A tenant whose landlord fails to maintain habitable conditions has several remedies: withholding rent (with the withheld amount potentially deposited in court), bringing a HP (Housing Part) action for repairs, seeking a rent reduction order, or asserting habitability as a defense in an eviction proceeding.
Habitability disputes arise over heat and hot water failures, vermin infestations, mold, structural deficiencies, lead paint hazards, and failure to provide legally required services. The standard is objective — not whether the landlord tried hard, but whether the conditions meet the baseline that New York law requires.
General Obligations Law § 7-108: Security Deposits After the HSTPA
The HSTPA’s amendment to GOL § 7-108 fundamentally changed how security deposits work in New York:
Collection limits: Landlords may not collect more than one month’s rent as a security deposit. This cap applies regardless of the rental amount or the tenant’s credit profile. Pet deposits, damage deposits, and key deposits are generally prohibited as separate charges in excess of one month’s rent.
Return deadline: The landlord must return the security deposit, or a written statement of itemized deductions, within 14 days of the tenant vacating the premises. This is a firm deadline, not a guideline.
Consequence of late itemization: A landlord who fails to provide the itemized statement within 14 days forfeits the right to retain any portion of the security deposit. Courts have applied this forfeiture rule strictly.
Normal wear and tear: The landlord may not deduct for normal wear and tear. Deductions are limited to damage beyond normal use, unpaid rent, and other specifically enumerated items.
Tenant rights: If the landlord wrongfully retains the security deposit, the tenant may sue in small claims court or regular civil court for the amount wrongfully withheld. A landlord who willfully fails to return the deposit may face additional damages.
HSTPA Notice Requirements: Lease Renewals and Rent Increases
For non-stabilized tenancies, the HSTPA introduced statewide notice obligations that did not previously exist outside New York City:
- Rent increases of more than 5%: A landlord who intends to raise the rent by more than 5% must provide written notice of the increase in advance — 30 days for tenancies of less than one year, 60 days for tenancies of one to two years, and 90 days for tenancies of more than two years.
- Lease non-renewal: A landlord who does not intend to renew a lease must provide the same advance written notice — 30, 60, or 90 days depending on tenancy length.
- Failure to provide timely notice: A landlord who does not provide the required notice must allow the tenant to remain in possession until the proper notice period has run. The tenant does not lose tenancy rights simply because the lease term expires if the landlord failed to serve timely notice.
These requirements apply statewide to residential tenancies. They are not limited to rent-stabilized units or New York City.
Late Fees: The HSTPA Cap
Under the HSTPA, late fees for residential tenants are capped at the lesser of $50 or 5% of the monthly rent. Lease provisions that purport to impose higher late fees are unenforceable. Additionally, landlords may not charge a late fee unless rent is more than five days past the due date. A landlord who imposes impermissible late fees faces liability under the statute and potential use of those fees as a defense in a subsequent non-payment proceeding.
Rent Stabilization: Statewide Applicability
Most people associate rent stabilization exclusively with New York City. That understanding is incomplete.
Within New York City: Rent stabilization applies to apartments in buildings with six or more units constructed before January 1, 1974, unless the building has been substantially rehabilitated or receives tax benefits that bring newer buildings under the law. Rent-stabilized tenants are entitled to lease renewals (at DHCR-set rates), protections against eviction except for enumerated causes, and the ability to challenge overcharges before DHCR.
Outside New York City: The Emergency Tenant Protection Act (ETPA) permits counties and municipalities in Nassau, Westchester, and Rockland counties to adopt rent stabilization when a vacancy rate below 5% is found. A number of municipalities in those counties have done so. Landlords operating in suburban New York are not automatically exempt from rent stabilization simply because their properties are outside the five boroughs.
DHCR registration: Owners of rent-stabilized apartments must register their units annually with DHCR, file the proper rent registrations, and maintain records sufficient to reconstruct the rent history for any given apartment. Failure to register can result in the tenant’s legal regulated rent being set at the original registered rent — potentially far below market.
The Good Cause Eviction Law and Rent Increases on Unregulated Apartments
For landlords of unregulated apartments in municipalities that have not opted out of the Good Cause Eviction Law, RPL § 231-b imposes an effective cap on annual rent increases. An increase that exceeds the statutory limit (5% plus local CPI, or 10%, whichever is lower) can be raised by the tenant as a defense in an eviction proceeding predicated on non-payment of the increased rent. The tenant argues that the increase was above the statutory threshold, making the non-payment a consequence of the landlord’s unlawful demand.
This is a significant departure from prior law and requires landlords to document their rent-setting rationale for units where rent increases are planned.
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Resolve common disputes
Common Landlord-Tenant Disputes and How Seraj Law Helps
Lease Enforcement and Violation Proceedings
Not every lease violation calls for immediate eviction. Landlords often need counsel to understand which violations are curable — and how to properly serve cure notices — versus which violations are grounds for holdover proceedings without a cure period. Common lease violations include: unauthorized subletting, unauthorized occupants, chronic late payment, nuisance conduct, and unauthorized alterations. Seraj Law analyzes the specific violation, the lease terms, and applicable law to advise on the appropriate response.
Habitability Defense and HP Actions
Tenants who are facing eviction for non-payment may raise habitability as a defense or counterclaim. Courts take habitability conditions seriously, and a landlord who comes to court with unresolved violations on the premises faces the risk of reduced arrears, a court-ordered repair schedule, or dismissal. We advise landlords on addressing violations proactively to protect their right to collect rent and pursue non-payment proceedings.
For tenants, we assist with filing HP actions — applications to Housing Court for an order directing the landlord to make repairs — and with asserting habitability defenses in eviction proceedings.
DHCR Proceedings
The Division of Housing and Community Renewal has jurisdiction over rent overcharge complaints, service reduction complaints, and Major Capital Improvement applications. We represent:
- Owners applying for MCI rent increases, defending overcharge complaints, and navigating preferential rent issues
- Tenants filing rent overcharge complaints and service reduction complaints, including cases involving willful overcharges that may support treble damages
Security Deposit Disputes
Security deposit disputes frequently end up in small claims court, but they can also arise as defenses in broader housing litigation. We advise landlords on proper documentation practices to support deductions, and we represent tenants whose deposits have been wrongfully withheld.
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Work with Seraj Law
Serving New York Landlords and Tenants Statewide
Seraj Law handles landlord-tenant matters across New York State. Whether your matter is before New York City Housing Court, a Westchester County Town Court, or a court in the Capital Region, we provide counsel that accounts for the specific forum and the current state of New York landlord-tenant law.
The starting point is a consultation. We evaluate the specific tenancy, the applicable regulatory framework, and the relief available — and we give you a realistic assessment of how to proceed.
The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Seraj Law, PLLC. Please contact our office to discuss the specific facts of your situation.
Frequently Asked Questions
What does the Housing Stability and Tenant Protection Act of 2019 require of New York landlords?
The HSTPA imposed statewide requirements that apply to all residential landlords: security deposits capped at one month's rent; written notice required before any rent increase or lease non-renewal; late fees capped at the lesser of $50 or 5% of monthly rent; and a 14-day minimum cure period before a non-payment proceeding can be filed. These requirements apply regardless of whether the unit is rent-stabilized.
Can a New York landlord raise rent as much as they want on an unregulated apartment?
Outside of rent-stabilized units, New York historically imposed no cap on rent increases for unregulated tenancies. The Good Cause Eviction Law of 2024 changed this in covered municipalities by linking allowable rent increases to CPI plus 5% (or 10%, whichever is lower). An increase beyond that threshold can give the tenant a defense in an eviction proceeding predicated on non-payment of the increased rent. Landlords must verify whether their municipality is covered or has opted out.
What are a New York landlord's obligations regarding security deposits?
Under GOL § 7-108 as amended by the HSTPA, a residential landlord may not collect more than one month's rent as a security deposit. The landlord must return the deposit — or a detailed written statement of deductions — within 14 days of the tenant vacating. Failure to provide the itemized statement within 14 days bars the landlord from asserting any deductions. The landlord cannot use the security deposit to cover normal wear and tear.
What is a DHCR rent overcharge proceeding?
The Division of Housing and Community Renewal (DHCR) is the state agency that regulates rent-stabilized housing. A tenant in a rent-stabilized unit who believes their landlord has charged more than the legal regulated rent can file a rent overcharge complaint with DHCR. If an overcharge is established, the landlord must refund the excess rent paid — with interest — and faces treble damages for willful overcharges. Owners of rent-stabilized buildings must maintain accurate rent histories and registration records to defend against these complaints.
How long does the eviction process take in New York?
The timeline depends on the type of case and the court. In Housing Court in New York City, cases may take several months, especially if tenants raise defenses. In upstate areas like Albany, the process may move faster, but it still requires strict compliance with notice and filing rules.
What rights do tenants have regarding repairs?
Tenants are protected by New York's warranty of habitability, which requires landlords to maintain safe and livable housing. This applies statewide, from New York City apartments to older multi-family units in Albany or Buffalo.
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