Just cause · rent caps · retaliation · habitability · entry · source of income — under N.Y. RPL § 226 et seq. & RPAPL § 711
New York tenant protections are governed primarily by N.Y. RPL § 226 et seq. & RPAPL § 711 — the New York Residential Landlord-Tenant Act (or its equivalent title in the New York Code) — together with the federal Fair Housing Act, the federal Americans with Disabilities Act, applicable HUD regulations, and overlay ordinances in New York cities and counties. Every New York landlord — whether managing a single-family rental, a small multifamily building, or a large apartment portfolio — operates under this framework, and violations expose the landlord to actual damages, statutory penalties, attorney fees, and in some cases loss of the right to evict.
The New York tenant-protection landscape in one view: just-cause required for non-renewal — a New York landlord may only terminate or refuse to renew a tenancy on a statutorily enumerated ground; a statewide rent cap of varies by locality; source of income is a protected fair-housing class; no codified minimum entry-notice period (reasonable notice required); implied warranty of habitability applies to every residential tenancy (heat, hot water, structural integrity, freedom from vermin, working plumbing and electrical, compliance with local housing codes); retaliation is prohibited within a statutory window after any tenant exercise of a protected right (code complaint, fair-housing complaint, tenant organizing, rent withholding for habitability, joining a tenants' union); and security-deposit rules (maximum, interest, itemized return, timeline) are codified in N.Y. RPL § 226 et seq. & RPAPL § 711 with statutory penalties for landlord non-compliance.
This New York tenant-protections guide walks through each major right a New York tenant holds and each corresponding obligation a New York landlord owes — fair housing and protected classes, source-of-income protections, reasonable accommodations and modifications for disabled tenants, entry-notice rules, habitability and repair obligations, retaliation, lease-renewal and termination requirements, security deposits, rent-increase notice, lockout and self-help prohibitions, source-of-income, and lead-paint disclosures for pre-1978 housing. Every rule is cited to New York statute or federal regulation so landlords and tenants alike can verify the law before acting.
| Just cause required for eviction | Yes | — |
| Rent increase cap | varies by locality | — |
| Retaliation protection | Prohibited | RPL § 223-b |
| Warranty of habitability | Required | RPL § 235-b |
| Notice required before entry | Reasonable notice | N.Y. RPL § 226 et seq. & RPAPL § 711 |
| Source-of-income protection | Yes — Section 8 voucher-holders protected | N.Y. RPL § 226 et seq. & RPAPL § 711 |
Federal, state, and local fair-housing protections in New York. New York landlords are prohibited from discriminating based on the seven federal Fair Housing Act protected classes (race, color, religion, sex including sexual orientation and gender identity under the 2021 HUD memorandum, national origin, familial status, and disability); source of income (Section 8 Housing Choice Vouchers, VASH vouchers, Social Security, SSI, child support, and other lawful public-benefits income), which New York expressly protects; any additional classes protected by New York state law or local New York municipal ordinance (commonly: sexual orientation, gender identity, marital status, age, ancestry, creed, military or veteran status, domestic-violence survivor status, lawful occupation, and citizenship or immigration status). Every screening decision, every lease decision, every eviction decision in New York must be based on written, applied-uniformly criteria with documented reasoning, and any denial that relies in whole or part on a consumer report must be accompanied by a federal FCRA adverse-action notice identifying the reporting agency and explaining the applicant's right to dispute.
Entry notice in New York. New York does not codify a specific statutory minimum advance-notice period for landlord entry into an occupied unit, but New York case law and every trial court in the state recognize an implied covenant of quiet enjoyment that requires reasonable advance written notice — 24 hours is the practical floor in almost every New York jurisdiction. Drop-ins, unannounced visits, and pattern-of-entry disputes expose the New York landlord to invasion-of-privacy claims, constructive-eviction claims, and waiver of non-renewal theories in any later eviction case. Notice should be in writing, identify the date, approximate time window, and purpose, and be delivered in a manner the landlord can later prove (email, text with read-receipt, posted notice photographed).
Implied warranty of habitability in New York. Every New York residential tenancy carries an implied warranty of habitability — codified in RPL § 235-b or equivalent — requiring the landlord to maintain the rental in a condition fit for human habitation. Core habitability obligations include: functional heating to the statutory minimum temperature, hot and cold running water, working plumbing, working electrical service to code, weather-tight roof and windows, structural integrity of floors walls and ceilings, freedom from rodent and vermin infestation, working smoke and carbon-monoxide detectors, trash removal, and compliance with applicable state and local housing codes. When a New York tenant gives the landlord written notice of a habitability defect and the landlord fails to make repairs within a reasonable time (typically 14–30 days, sooner for emergencies), the tenant may have statutory remedies — rent withholding into escrow, repair-and-deduct, lease termination, or a habitability defense in any later eviction action.
Anti-retaliation in New York. New York law prohibits a landlord from retaliating against a tenant who has exercised a legally protected right — making a good-faith habitability or code-enforcement complaint, contacting a fair-housing agency, organizing or joining a tenants' union, withholding rent lawfully under a repair-and-deduct or escrow statute, or asserting any other tenant right under New York or federal law. Any rent increase, reduction of services, lease non-renewal, eviction filing, or other materially adverse action within the statutory retaliation window (typically 6 months, sometimes longer depending on New York statute and case law) is presumed retaliatory, and the landlord carries the burden of rebutting the presumption with a documented, non-retaliatory legitimate business reason that was contemplated before the tenant's protected activity. Document every legitimate business reason — contemporaneous memos, repair-cost estimates, market-rate rent comparables, tenant ledgers, prior warning letters — before acting, not after.
Just-cause termination in New York. New York is a statewide just-cause jurisdiction — non-renewal of a residential lease, refusal to renew on expiration of a fixed term, and termination of a month-to-month tenancy all require a statutorily enumerated reason (non-payment, lease violation, owner move-in, substantial rehabilitation, Ellis-style removal from the rental market, etc.). A New York notice of termination that does not state a valid statutory just-cause basis, that states a basis not supported by documentation, or that states a basis that is pretext for a prohibited purpose (retaliation, discrimination) will be dismissed or refused in the subsequent unlawful-detainer case.
Source-of-income protection in New York. New York is one of the states that expressly protects source of income as a fair-housing class. A New York landlord may not refuse to rent to, refuse to consider an application from, or impose different terms on, a tenant whose income includes Section 8 Housing Choice Voucher payments, VASH vouchers, Social Security, SSI, TANF, unemployment insurance, child support, alimony, or any other lawful public or private benefit. Advertising 'no Section 8,' 'no vouchers,' or 'income must be from employment' is per se unlawful in New York. Landlords may, however, apply uniform income, credit, and rental-history screening criteria so long as voucher income is counted on equal terms with earned income (at face value — a $1,500 voucher counts as $1,500 of qualifying monthly income).
Security deposits in New York. New York caps the maximum security deposit a landlord may collect, specifies what the landlord may deduct (unpaid rent, reasonable cleaning beyond ordinary wear-and-tear, repair of damage beyond ordinary wear-and-tear), and imposes a statutory deadline to return the deposit with an itemized accounting after move-out (commonly 14–45 days depending on New York statute). Late or inadequate return of the deposit typically triggers statutory penalties — double or treble damages plus attorney fees in most New York jurisdictions — so New York landlords should calendar the statutory return deadline the day the tenant surrenders the keys.
Yes. New York requires just cause for most terminations.
New York does not codify a specific entry-notice period; landlords should still give reasonable written notice.
Retaliation is barred under N.Y. RPL § 226 et seq. & RPAPL § 711 when the tenant has exercised a legal right — reporting code violations, organizing, or contacting housing authorities.
New York landlords must maintain units in habitable condition — functional plumbing, heat, electrical service, structural integrity, and compliance with applicable housing codes. Tenants who give proper notice and are ignored may withhold rent, repair-and-deduct, or break the lease depending on local statute.
A sudden rent increase or lease non-renewal within 6 months after a tenant complaint is presumed retaliatory in most jurisdictions. Landlords carry the burden of rebutting the presumption. Document your legitimate business reason before acting.
Sources: N.Y. RPL § 226 et seq. & RPAPL § 711; individual statutes as cited. Last reviewed April 17, 2026. Informational only — not legal advice. Consult a licensed New York attorney.
