What a Landlord Cannot Do in New York
The main limits New York law puts on landlords — lockouts and utility shutoffs, entering without notice, retaliation, deposits, fees and discrimination — each with the statute or official source.
In short: a New York landlord cannot evict without a court order, cannot punish a tenant for asserting legal rights where state law protects them, and must follow the state's rules on entry, deposits and fees shown below.
| Lockouts & utility shutoffs | Self-help eviction is illegal: no force/threats, cutting off essential services, removing belongings or the door, or changing/disabling locks to remove an occupant who has lived there 30+ days or has a lease. Owner must restore the occupant. Penalties: class A misdemeanor; civil penalty of $1,000-$10,000 per violation plus up to $100/day (max 6 months) for failing to restore. NY AG guide states an unlawfully evicted tenant may recover triple damages (RPAPL § 853). RPL § 235: https://www.nysenate.gov/legislation/laws/RPP/235 |
|---|---|
| Landlord entry notice | No statute. Per the NY Attorney General, a landlord may enter with reasonable prior notice at a reasonable time, with consent or as the lease allows (e.g., repairs, inspections, showings); in an emergency, entry without notice or consent is allowed. No specific number of hours' notice is set by statute. |
| Landlord retaliation | Landlord may not serve a notice to quit, sue for possession, or substantially alter the tenancy (including refusing to renew or an unreasonable rent increase) because the tenant made a good-faith complaint to the landlord or a government agency about health/safety, habitability, or housing law violations, took good-faith action to enforce lease or legal rights, or joined a tenants' organization. Retaliation is presumed if the action occurs within one year after the protected act. Presumption is rebuttable (landlord must show non-retaliatory motive by preponderance). Remedies: damages, attorney's fees, injunctive relief; retaliation is a defense in an eviction case. Does not apply to owner-occupied buildings with fewer than 4 units. Source: N.Y. RPL § 223-b |
| Security deposit limit | One month's rent Added by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). Applies to all residential dwelling units except units under the city rent and rehabilitation law or emergency housing rent control law, licensed CCRCs/assisted living/adult care facilities, and certain senior communities; seasonal-use units and owner-occupied cooperative apartments are also excepted. |
| Penalty for withholding | Missing the 14-day deadline forfeits the landlord's right to keep any part of the deposit. Violators owe actual damages; a willful violation adds punitive damages of up to twice the deposit. Lease clauses waiving these rights are void. |
| Late fees | Rent is not late until more than 5 days after the due date. Late fee capped at the lesser of $50 or 5% of monthly rent. Added by HSTPA 2019. § 238-a also bars application fees and caps background/credit check fees at the lesser of actual cost or $20. Source: N.Y. RPL § 238-a(2) |
| Rent control / increase limits | Local rent control/stabilization allowed. Rent stabilization covers many NYC buildings and other localities that declare a housing emergency (allowed statewide since June 15, 2019). Good Cause Eviction Law (RPL Art. 6-A, 2024) applies automatically in NYC and in localities that opt in: rent increases above the 'local rent standard' (5% + regional CPI, capped at 10%) are presumed unreasonable and eviction/non-renewal requires good cause. Local rent standard: RPL § 211(7)-(8) https://www.nysenate.gov/legislation/laws/RPP/211. Exemptions include small landlords (default 10 or fewer units statewide) and units renting above 245% of fair market rent (or local threshold) (RPL §§ 211(3), 213, 214). Article 6-A is scheduled for repeal June 15, 2034. Stabilization description from NY AG guide. Opt-in localities outside NYC as of May 4, 2026, per DHCR's annual notice (https://hcr.ny.gov/good-cause-eviction-law-notice-august-2026): Cities of Albany, Beacon, Binghamton, Hudson, Ithaca, Kingston, Middletown, New Rochelle, Newburgh, Poughkeepsie, Rochester and White Plains; Towns of Fishkill and Poughkeepsie; Villages of Catskill, Croton-on-Hudson, New Paltz, Nyack and Tarrytown. These localities set their own exemption thresholds: most exempt units above 345% of fair market rent (Kingston 300%, Catskill 275%, Middletown and Rochester 245%), and all define a small landlord as owning no more than one unit in New York State (White Plains: no more than four). DHCR's 2024-2025 CPI figures for the local rent standard: 3.38% (NY-Newark-Jersey City area counties) and 3.15% (Northeast region, rest of state). |
| Statewide ban on refusing Section 8 / source of income | Yes, statewide. Refusing to rent, or setting different terms, because of a person's 'lawful source of income' is an unlawful discriminatory practice. The definition includes child support, alimony, foster care subsidies, Social Security, any federal, state, or local public assistance or housing assistance, including Section 8 vouchers (whether or not paid directly to the landlord), and any other lawful income. Definition: https://www.nysenate.gov/legislation/laws/EXC/292. |
| Cameras & privacy | No landlord-specific camera statute. Unlawful surveillance in the second degree (class E felony) includes using or installing an imaging device to surreptitiously view, broadcast, or record a person dressing or undressing or their intimate parts where they expect privacy, or to surreptitiously record in a bedroom, bathroom, changing room, or shower with no legitimate purpose (device use in those rooms creates a rebuttable presumption of no legitimate purpose). Tenants have a right to privacy within their apartments; landlords may enter on reasonable prior notice at reasonable times, or without notice in emergencies. Source: N.Y. Penal Law § 250.45 |
| Other rental fees | No payment, fee, or charge may be demanded before or at the start of the tenancy other than the security deposit (max one month's rent under GOL § 7-108) and the capped background/credit check fee. Late fees: only after rent is 5 days late, capped at the lesser of $50 or 5% of monthly rent. Bounced-check fees: only if the lease provides for them, capped at the greater of the landlord's actual costs or the GOL § 5-328(3) amount. Lease waivers are void. § 238-a has no express rule on recurring fees during the tenancy (for example online-payment or convenience fees). New York City's FARE Act (broker fees) is local law and not covered here. |
Can I sue my landlord in New York? · All New York tenant rights
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.