New York landlord and tenant rules

Seayora publishes 19 New York rules, covering security deposits, notice periods, late fees, applications, evictions, rent regulation, fair housing, tenant protections, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.

New York at a glance

RuleNew York
Does a landlord have to pay interest on a security deposit in New York?Buildings of six or more units must hold the deposit in an interest-bearing New York account; the owner may keep 1 % as an administrative fee.
How long does a landlord have to return a security deposit in New York?14 days
How much can a landlord charge for a security deposit in New York?1 month of rent
How many days does a tenant get to pay late rent in New York?14 days to pay
How much notice does a landlord have to give before raising the rent in New York?30 / 60 / 90 days by tenancy length, on increases of 5% or more
How much notice must a landlord give to end a tenancy in New York?30 / 60 / 90 days by tenancy length
How much can a landlord charge for a late rent fee in New York?$50 or 5%, whichever is less
Is there a grace period for paying rent in New York?5 days
How much can a landlord charge for a rental application fee in New York?Actual cost of the checks or $20, whichever is less
Can a landlord change the locks to force a tenant out in New York?Unlawful eviction is a class A misdemeanour in New York City and the tenant may be restored to possession with treble damages.
How long does a tenant have to respond to an eviction case in New York?There is no separate written answer deadline in a New York City nonpayment proceeding: the tenant answers, orally or in writing, by the return date on the notice of petition, which is 10 to 17 days after service (RPAPL § 733).
What are the steps to evict a tenant for unpaid rent in New York?Serve a 14-day written rent demand
Is there rent control in New York?Local: rent stabilization in NYC and opt-in localities
Can a landlord refuse a Section 8 voucher in New York?Protected: a landlord may not refuse one
Can a landlord retaliate against a tenant for complaining in New York?Presumed within 1 year
Do contractors charge sales tax in New York?Consumer of materials
Is a capital improvement exempt from sales tax in New York?Exempt with Form ST-124
Is appliance repair taxable in New York?Taxable, with the parts
Is contractor labor taxable in New York?Taxable — residential and commercial

Security deposits in New York

Does a landlord have to pay interest on a security deposit in New York?

Yes. New York requires a landlord to pay the tenant interest on a security deposit. Buildings of six or more units must hold the deposit in an interest-bearing New York account; the owner may keep 1 % as an administrative fee. The deposit itself must be returned within 14 days of the end of the tenancy. This is N.Y. Gen. Oblig. Law § 7-108(1-a).

Full answer and the checkable figures.

How long does a landlord have to return a security deposit in New York?

In New York, a landlord has 14 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. New York also requires interest to be paid on the deposit: Buildings of six or more units must hold the deposit in an interest-bearing New York account; the owner may keep 1 % as an administrative fee. This is N.Y. Gen. Oblig. Law § 7-108(1-a).

Full answer and the checkable figures.

How much can a landlord charge for a security deposit in New York?

In New York, a security deposit is capped at 1 month of rent. One month's rent — statewide since the 2019 Housing Stability and Tenant Protection Act. This is N.Y. Gen. Oblig. Law § 7-108(1-a).

Full answer and the checkable figures.

Notice periods in New York

How many days does a tenant get to pay late rent in New York?

In New York, before starting a nonpayment case a landlord must serve a written notice giving the tenant 14 days to pay the rent due. This is N.Y. Real Prop. Law § 226-c; RPAPL § 711(2); RPL § 235-e(d).

Rent increases of 5 % or more and non-renewals need 30 / 60 / 90 days by length of tenancy. Entry: no state statute — 24 hours is customary (NYC HMC § 27-2008 requires reasonable notice). A 14-day written rent demand precedes any nonpayment proceeding.

Full answer and the checkable figures.

How much notice does a landlord have to give before raising the rent in New York?

In New York, the notice a landlord must give before a rent increase depends on how long the tenant has lived there: Less than 12 months — 30 days; 12 to 24 months — 60 days; 24 months or more — 90 days. The requirement applies to increases of 5% or more. This is N.Y. Real Prop. Law § 226-c; RPAPL § 711(2); RPL § 235-e(d).

Rent increases of 5 % or more and non-renewals need 30 / 60 / 90 days by length of tenancy. Entry: no state statute — 24 hours is customary (NYC HMC § 27-2008 requires reasonable notice). A 14-day written rent demand precedes any nonpayment proceeding.

Full answer and the checkable figures.

How much notice must a landlord give to end a tenancy in New York?

In New York, the notice required to end a tenancy or decline to renew depends on how long the tenant has lived there: Less than 12 months — 30 days; 12 to 24 months — 60 days; 24 months or more — 90 days. In New York City, and in any municipality that has opted in, the Good Cause Eviction Law (Real Prop. Law art. 6-A, 2024) limits non-renewal of covered units to the grounds it lists. This is N.Y. Real Prop. Law § 226-c; RPAPL § 711(2); RPL § 235-e(d).

Rent increases of 5 % or more and non-renewals need 30 / 60 / 90 days by length of tenancy. Entry: no state statute — 24 hours is customary (NYC HMC § 27-2008 requires reasonable notice). A 14-day written rent demand precedes any nonpayment proceeding.

Full answer and the checkable figures.

Late fees in New York

How much can a landlord charge for a late rent fee in New York?

In New York, a late fee may not exceed $50 or 5% of the monthly rent, whichever is less. A landlord may not charge a late fee unless the rent is still unpaid five days after it was due. This is N.Y. Real Prop. Law § 238-a(2).

Full answer and the checkable figures.

Is there a grace period for paying rent in New York?

Yes. In New York, a landlord may not charge a late fee unless the rent is still unpaid five days after it was due. The late fee itself is limited too: a late fee may not exceed $50 or 5% of the monthly rent, whichever is less. This is N.Y. Real Prop. Law § 238-a(2).

Full answer and the checkable figures.

Applications in New York

How much can a landlord charge for a rental application fee in New York?

In New York, a landlord may charge an applicant only for a background check and a credit check, and the total may not exceed the actual cost of the checks or $20, whichever is less. The fee must be waived where the applicant provides a background and credit check dated within the past 30 days, and an applicant who pays is entitled to a copy of the results. This is N.Y. Real Prop. Law § 238-a(1).

The fee must be waived where the applicant provides a background and credit check dated within the past 30 days, and an applicant who pays is entitled to a copy of the results.

Full answer and the checkable figures.

Evictions in New York

Can a landlord change the locks to force a tenant out in New York?

No. Unlawful eviction is a class A misdemeanour in New York City and the tenant may be restored to possession with treble damages. RPAPL § 768; NYC Admin. Code § 26-521. In New York a tenant may be removed only through the court process, which is set by RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019.

Rent must be demanded in writing 14 days before a nonpayment proceeding, and the demand must state the rent due by month. A tenant may pay the full amount at any point up to the execution of the warrant and the proceeding ends.

Full answer and the checkable figures.

How long does a tenant have to respond to an eviction case in New York?

In New York, the time a tenant has to respond to an eviction case is governed by RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019. There is no separate written answer deadline in a New York City nonpayment proceeding: the tenant answers, orally or in writing, by the return date on the notice of petition, which is 10 to 17 days after service (RPAPL § 733).

Rent must be demanded in writing 14 days before a nonpayment proceeding, and the demand must state the rent due by month. A tenant may pay the full amount at any point up to the execution of the warrant and the proceeding ends.

Full answer and the checkable figures.

What are the steps to evict a tenant for unpaid rent in New York?

In New York, an eviction for unpaid rent runs through 8 steps, each set by the statute or court rule beside it: (1) Serve a 14-day written rent demand — RPAPL § 711(2); (2) Wait the full 14 days for payment — RPAPL § 711(2); (3) Prepare the notice of petition and petition — RPAPL § 741; (4) File and buy an index number — CPLR § 321(a); (5) Serve the notice of petition and petition, 10 to 17 days before the return date — RPAPL §§ 733, 735; (6) The return date — RPAPL § 732; (7) Judgment and warrant of eviction — RPAPL § 749; (8) Marshal’s 14-day notice of eviction — RPAPL § 749(2). Rent must be demanded in writing 14 days before a nonpayment proceeding, and the demand must state the rent due by month. A tenant may pay the full amount at any point up to the execution of the warrant and the proceeding ends. New York City adds requirements of its own. The procedure as a whole is set by RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019.

Rent must be demanded in writing 14 days before a nonpayment proceeding, and the demand must state the rent due by month. A tenant may pay the full amount at any point up to the execution of the warrant and the proceeding ends.

Full answer and the checkable figures.

Rent regulation in New York

Is there rent control in New York?

Only in some places. In New York, there is no statewide rent cap, but rent stabilization covers most apartments in buildings of six or more units built before 1974 in New York City and in localities that have declared a housing emergency under the Emergency Tenant Protection Act, including many in Nassau, Westchester and Rockland counties and the City of Kingston; since 2019 any locality with a rental vacancy rate below 5% may opt in. New York City and municipalities that opt in also apply the Good Cause Eviction Law, under which a rent increase above inflation plus 5%, never more than 10%, is presumptively unreasonable. This is NYC Admin. Code § 26-501 et seq.; Emergency Tenant Protection Act of 1974; N.Y. Real Prop. Law §§ 212, 214.

Full answer and the checkable figures.

Fair housing in New York

Can a landlord refuse a Section 8 voucher in New York?

No, not in most cases. In New York, a landlord may not refuse to rent to anyone, or set different terms, because of lawful source of income, which the law defines to include Section 8 vouchers and any other housing assistance, whether or not it is paid directly to the landlord. This is N.Y. Exec. Law §§ 292, 296.

Full answer and the checkable figures.

Tenant protections in New York

Can a landlord retaliate against a tenant for complaining in New York?

No. In New York, a landlord may not serve a notice to quit, start an eviction or substantially change the tenancy, including refusing to renew, in retaliation for a good-faith complaint about health, safety or habitability or for tenant organizing, and doing so within one year after the complaint or a resulting inspection or order is presumed retaliatory. The section does not apply to owner-occupied buildings with fewer than four units. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is N.Y. Real Prop. Law § 223-b.

Full answer and the checkable figures.

Contractor sales tax in New York

Do contractors charge sales tax in New York?

In New York a contractor is treated as the CONSUMER of the materials they build into real property. That means the contractor pays sales tax when they buy the materials, and does not add sales tax to the customer's invoice for that work — the tax is already inside the price. New York also has county, city or special-district rates on top of the state rate, so the rate depends on where the job site is, not where the contractor is based. Source: N.Y. Tax Law §1105(c)(3),(5); Publication 862; TB-ST-104 (Capital Improvements) and TB-ST-129 (Contractors — Repair, Maintenance and Installation Services to Real Property).

The canonical version of the whole doctrine. ALL charges for materials and labor on a repair, maintenance or installation project are taxable, including expenses and markup. A capital improvement is exempt when the customer gives the contractor Form ST-124, Certificate of Capital Improvement. The contractor pays tax on materials at purchase and may credit tax paid on materials transferred in a taxable project. Form ST-120.1 is the contractor's own exempt purchase certificate.

Full answer and the checkable figures.

Is a capital improvement exempt from sales tax in New York?

Yes, but only with the paperwork. In New York a capital improvement to real property is exempt to the customer, and the exemption is claimed by the customer giving the contractor Form ST-124. ⚠ The certificate IS the exemption. Without a signed Form ST-124 on file the job is taxable, however obviously it was a capital improvement — that is the single most common way a contractor loses a sales tax audit. A capital improvement is a permanent addition that becomes part of the property; a repair restores something to working order and is treated differently. Source: N.Y. Tax Law §1105(c)(3),(5); Publication 862; TB-ST-104 (Capital Improvements) and TB-ST-129 (Contractors — Repair, Maintenance and Installation Services to Real Property).

The canonical version of the whole doctrine. ALL charges for materials and labor on a repair, maintenance or installation project are taxable, including expenses and markup. A capital improvement is exempt when the customer gives the contractor Form ST-124, Certificate of Capital Improvement. The contractor pays tax on materials at purchase and may credit tax paid on materials transferred in a taxable project. Form ST-120.1 is the contractor's own exempt purchase certificate.

Full answer and the checkable figures.

Is appliance repair taxable in New York?

Yes. New York taxes the LABOR on repairs to tangible personal property — an appliance, a boiler or a unit that never becomes part of the building — as well as the parts. This is a different question from work on the real property itself: the same technician on the same visit can be doing taxable work on an appliance and differently treated work on the structure, and the invoice has to tell them apart. Source: N.Y. Tax Law §1105(c)(3),(5); Publication 862; TB-ST-104 (Capital Improvements) and TB-ST-129 (Contractors — Repair, Maintenance and Installation Services to Real Property).

The canonical version of the whole doctrine. ALL charges for materials and labor on a repair, maintenance or installation project are taxable, including expenses and markup. A capital improvement is exempt when the customer gives the contractor Form ST-124, Certificate of Capital Improvement. The contractor pays tax on materials at purchase and may credit tax paid on materials transferred in a taxable project. Form ST-120.1 is the contractor's own exempt purchase certificate.

Full answer and the checkable figures.

Is contractor labor taxable in New York?

Yes. New York taxes the LABOR on repair and maintenance work to real property, on both residential and commercial jobs. Repair and maintenance is not the same thing as a capital improvement, which is exempt to the customer in New York when the customer signs Form ST-124 — the classification of the job is what decides the tax, not the wording on the invoice. Source: N.Y. Tax Law §1105(c)(3),(5); Publication 862; TB-ST-104 (Capital Improvements) and TB-ST-129 (Contractors — Repair, Maintenance and Installation Services to Real Property).

The canonical version of the whole doctrine. ALL charges for materials and labor on a repair, maintenance or installation project are taxable, including expenses and markup. A capital improvement is exempt when the customer gives the contractor Form ST-124, Certificate of Capital Improvement. The contractor pays tax on materials at purchase and may credit tax paid on materials transferred in a taxable project. Form ST-120.1 is the contractor's own exempt purchase certificate.

Full answer and the checkable figures.

Sources

  • N.Y. Exec. Law §§ 292, 296
  • N.Y. Gen. Oblig. Law § 7-108(1-a)
  • N.Y. Real Prop. Law § 223-b
  • N.Y. Real Prop. Law § 226-c; RPAPL § 711(2); RPL § 235-e(d)
  • N.Y. Real Prop. Law § 238-a(1)
  • N.Y. Real Prop. Law § 238-a(2)
  • N.Y. Tax Law §1105(c)(3),(5); Publication 862; TB-ST-104 (Capital Improvements) and TB-ST-129 (Contractors — Repair, Maintenance and Installation Services to Real Property).
  • NYC Admin. Code § 26-501 et seq.; Emergency Tenant Protection Act of 1974; N.Y. Real Prop. Law §§ 212, 214
  • RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.

This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.

How Seayora uses these rules

Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.

Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

Late fees. Seayora charges only the late fee written into the lease, after the grace period the lease sets, and adds no late fee of its own. This page states the statutory ceiling and waiting period so the terms of a lease can be checked against them before it is signed.

Applications. This page states what the state allows a landlord to charge somebody applying to rent, so a fee can be checked against it before it is advertised or collected.

Evictions. Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.

Rent regulation. This page states whether the state lets its cities control rent, and any statewide limit on an increase, so a renewal can be checked before it is offered. In New York City, Seayora’s rent-increase advisor goes further: it computes the highest increase the Rent Guidelines Board order and the Good Cause standard allow for each apartment, with the law cited, and gives no number where the law is not verified.

Fair housing. This page states whether the state protects renters who pay with a housing voucher, so a listing and its screening rules can be checked against it before they are published. Seayora’s rental search assistant never filters homes by how a renter will pay the rent.

Tenant protections. When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.

Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.

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