New York Landlord-Tenant Forms Compliance — HSTPA Security Deposit, Late Fee Cap, Eviction (2026)

The New York regulatory framework

New York residential landlord-tenant law sits across several state statutes: the Real Property Law (RPL) for substantive lease rules, the Real Property Actions and Proceedings Law (RPAPL) for eviction procedure, the General Obligations Law (GOL) for security deposit handling, and the Multiple Dwelling Law / Multiple Residence Law for building-condition requirements. Layered on top: the Rent Stabilization Law and the Emergency Tenant Protection Act for regulated units, and city-level codes (most consequentially the New York City Administrative Code) that add their own disclosure, registration, and habitability obligations.

The most consequential recent change is the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which rewrote large portions of the framework: capped security deposits, capped late fees, extended notice periods, strengthened rent stabilization, and substantially slowed eviction. Most lease forms drafted before mid-2019 are now non-compliant in several respects.

Security deposit rules under HSTPA

N.Y. General Obligations Law § 7-108, as amended by HSTPA, governs all residential security deposits statewide.

Cap: one month of rent — for every residential rental, regulated or not, regardless of whether the unit is furnished. Pre-HSTPA leases often demanded first month + last month + security; that pattern is no longer lawful.
Itemized return within 14 days: the landlord must return the deposit within 14 calendar days of the tenant's departure, along with an itemized statement of any deductions. Failure to provide the itemized statement within 14 days forfeits the landlord's right to retain any portion of the deposit.
Pre-move-out inspection right: the tenant has the right to request an inspection of the premises within a reasonable time before move-out, with the landlord providing a written statement of any conditions that may justify deductions. The tenant must then have an opportunity to cure those conditions.
Permissible deductions: unpaid rent, the reasonable cost of repairs beyond normal wear and tear, the reasonable cost of cleaning if the premises are returned in a less-clean condition than at move-in, and any other amounts owed under the lease.
Bad-faith forfeiture: a court can award the tenant statutory damages up to twice the wrongfully-withheld amount on a finding of bad faith.

Late fee cap (RPL § 238-a)

Before HSTPA, late fee enforcement was largely a matter of contract law and the unconscionability doctrine. Now, RPL § 238-a sets bright-line rules:

Hard cap: the late fee cannot exceed $50 or 5% of the monthly rent, whichever is less. A $2,000/month unit's lawful maximum is $50, not $100.
Five-day grace period: no late fee can be charged until the rent is at least 5 days late.
Must be in the signed lease: the fee must be stated in the executed lease document to be enforceable.
Cannot be characterized as additional rent: the landlord cannot demand the late fee as if it were rent for purposes of a non-payment eviction proceeding. The fee is enforceable as a separate contract claim but not through summary eviction.

Warranty of habitability (RPL § 235-b)

The implied warranty of habitability is one of the strongest tenant protections in any US state. Under RPL § 235-b, every residential lease — written or oral — includes an implied warranty that the premises are fit for human habitation, free from conditions dangerous to health, safety, or welfare, and that essential services are maintained.

The warranty cannot be waived by lease language. Any “as-is” or warranty-disclaimer clause is void as against public policy.
Persistent failure to maintain heat, hot water, working plumbing, structural integrity, freedom from vermin, or other essential conditions can give rise to a rent-abatement defense, an HP action in housing court (NYC), or an affirmative damages claim.
The warranty extends to common areas of multi-unit buildings, not only to the leased unit.

Notice tiers for termination and rent increases (RPL § 226-c)

HSTPA created a tiered notice schedule that landlords must follow for both lease non-renewal and rent increases over 5%:

Less than 1 year of tenancy: 30 days' written notice.
1 to 2 years of tenancy: 60 days' written notice.
More than 2 years of tenancy: 90 days' written notice.

The notice must be in writing and delivered in a manner consistent with the lease's notice provisions (typically certified mail, hand delivery, or another statutorily-permitted method). Rent-stabilized units have additional procedural requirements administered by NY HCR — including DHCR-approved renewal-offer windows that are independent of these baseline tiers.

Eviction (summary proceeding) process

New York eviction follows the summary proceeding framework in RPAPL Article 7. The landlord cannot self-help — no lockouts, no utility shutoffs, no removal of belongings without a sheriff or marshal executing a court-issued warrant.

Predicate notice — for non-payment, a written 14-day rent demand notice under RPAPL § 711(2) (HSTPA extended this from 3 days). For holdover, the applicable RPL § 226-c notice tier or another statutorily-required notice depending on the cause.
Petition and notice of petition — filed in housing court (NYC) or local justice/city court. Service must comply with RPAPL § 735 (typically a combination of personal service attempts, conspicuous-place posting, and mailing).
Court appearance and answer — tenant typically has 10 days to answer after service in non-NYC jurisdictions; NYC housing court has its own scheduling.
Trial and judgment — if the landlord prevails, the court issues a judgment of possession and a warrant of eviction.
Warrant execution — only a sheriff (or, in NYC, a city marshal) may execute the warrant. The court can stay execution for up to one year on a showing of extreme hardship under RPAPL § 753.

New York City's Universal Access to Counsel program provides legal representation to low-income tenants in eviction proceedings; this combined with the longer statutory timelines means NYC non-payment proceedings now commonly take 4–8+ months from petition to warrant execution.

Required disclosures

Federal lead-based paint disclosure — required for residential properties constructed before 1978 (federal Title X / 24 C.F.R. § 35.92). Includes the EPA pamphlet, disclosure of known lead-based paint, and tenant acknowledgment.
NYC bedbug history disclosure (NYC Admin. Code § 27-2018.1) — required for residential units within NYC. Landlord must provide the tenant with the DHCR's prescribed bedbug infestation history form before lease execution.
NYC window guard notice (NYC Admin. Code § 17-123 and 24 RCNY § 12-01 et seq.) — required for NYC properties; lease must include the prescribed notice about the tenant's right to window guards if a child 10 or younger resides in or regularly visits the unit.
Sprinkler system disclosure (RPL § 231-a) — every residential lease must disclose whether the unit has a maintained sprinkler system and, if so, the most recent maintenance/inspection date.
Smoke detector / CO detector — landlord must ensure functioning smoke and CO detectors per the Multiple Dwelling Law and NYC HMC; lease should include a tenant acknowledgment.
Rent-stabilization rider — for stabilized units, the DHCR-approved rider is required; for vacancy leases, the registered rent history and any preferential-rent terms must be disclosed.
NYC lead paint annual notice — under Local Law 1 of 2004 and amendments, NYC landlords must provide annual notices regarding children under 6 in the household and conduct corresponding inspections.

Rent stabilization and the ETPA

New York City has the country's largest body of rent-regulated housing — roughly half of all NYC rental units are stabilized. Stabilization is administered by NY State Homes and Community Renewal (HCR / DHCR) and generally covers buildings of 6+ units built before 1974, plus newer buildings receiving tax benefits (421-a, J-51) that come with stabilization conditions.

Tenants in stabilized units have automatic renewal rights at rents set by the Rent Guidelines Board (annual percentage increase).
HSTPA closed several decontrol routes: high-rent / high-income decontrol was eliminated, preferential rent must now persist for the duration of the tenancy (no snap-back to legal regulated rent on renewal), and the IAI / MCI rent-increase pathways were substantially curtailed.
The Emergency Tenant Protection Act (ETPA) extends stabilization to Nassau, Westchester, and Rockland counties — but only municipalities that have opted in. Many have, post-HSTPA.
Stabilized status is a property-level fact that must be checked against HCR's registration records before signing a lease. Misclassifying a stabilized unit as unregulated exposes the landlord to overcharge claims and treble damages under RSL § 26-516.

What every New York lease should include

Beyond satisfying state and (for NYC) city statutory requirements, a complete New York residential lease covers:

Parties (landlord legal name, tenant legal name(s)) and property address
Lease term (start date, end date or month-to-month designation)
Rent amount, due date, accepted payment methods, late fee policy (compliant with § 238-a cap)
Security deposit amount and terms per GOL § 7-108 (no more than one month of rent)
All required disclosures listed above (lead-based paint, bedbug for NYC, window guard for NYC, sprinkler, rent-stabilization rider where applicable)
Use restrictions (residential use, no subletting without written consent, occupancy limits)
Maintenance responsibilities and tenant's repair-request channel
Entry-notice procedures (the lease should require reasonable written notice for non-emergency entry; some NYC leases follow 24-hour notice as a common-law standard)
Pet policy and smoking policy (NYC requires a written smoking policy disclosure under Local Law 147 of 2017)
Default and termination provisions referencing the RPL § 226-c notice tiers
Mandatory tenant acknowledgments and signatures of all adult tenants

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Related resources

New York landlord-tenant FAQs

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

Under N.Y. General Obligations Law § 7-108 (as amended by the Housing Stability and Tenant Protection Act of 2019), the maximum residential security deposit is one month of rent. The cap applies to all residential rentals, including non-regulated units. Landlords must return the deposit (with itemized deductions if any) within 14 days of move-out and must provide an itemized statement of any deductions; failure to do so within 14 days forfeits the right to retain any portion of the deposit.

What is the late fee limit in New York?

N.Y. Real Property Law § 238-a (added by HSTPA in 2019) caps residential late fees at $50 or 5% of the monthly rent, whichever is less. The fee cannot be charged until rent is at least 5 days late, must be stated in the signed lease to be enforceable, and cannot be characterized as additional rent for eviction purposes. The cap applies regardless of whether the unit is rent-stabilized or unregulated.

What is the warranty of habitability in New York?

N.Y. Real Property Law § 235-b establishes an implied, non-waivable warranty of habitability in every residential lease in New York. The landlord warrants that the premises are fit for human habitation, free of conditions dangerous to health or safety, and that all essential services (heat, hot water, working plumbing, structural integrity) are maintained. The warranty cannot be waived by lease language; any clause purporting to waive it is void as against public policy.

How much notice is required to end a tenancy in New York?

Under N.Y. Real Property Law § 226-c (added by HSTPA), the notice period depends on how long the tenant has occupied the unit. For tenants of less than 1 year, 30 days written notice is required. For tenants of 1 to 2 years, 60 days. For tenants of more than 2 years, 90 days. The same tiered notice applies to rent increases of more than 5%. These rules apply broadly to month-to-month and expired-lease tenancies; rent-stabilized units have additional procedural requirements.

Can I evict a tenant for non-payment of rent in New York?

Yes, but the process is now substantially slower than pre-HSTPA. Under N.Y. Real Property Actions and Proceedings Law (RPAPL) § 711(2) and § 702 (as amended), the landlord must serve a 14-day written rent demand notice before commencing a non-payment proceeding (previously 3 days). If the tenant does not pay or vacate within 14 days, the landlord may file a non-payment petition in housing court. Courts may stay the warrant of eviction for up to one year if the tenant can show extreme hardship. New York City has additional administrative steps and a robust right-to-counsel program for low-income tenants.

What disclosures does a New York lease have to include?

Key required disclosures for New York residential leases include the federal lead-based paint disclosure (24 C.F.R. § 35.92) for pre-1978 properties; a bedbug infestation history disclosure for NYC properties (NYC Admin. Code § 27-2018.1); a window guard notice for buildings with children under 11 in residence (NYC properties — N.Y.C. Admin. Code § 17-123); a sprinkler system disclosure (Real Property Law § 231-a) stating whether the unit has a maintained sprinkler system; and a smoke detector/CO detector compliance acknowledgment. Rent-stabilized units have substantial additional disclosure requirements administered by HCR.

What is rent stabilization in New York?

Rent stabilization is a regulatory regime administered by NY State Homes and Community Renewal (HCR) that covers most pre-1974 buildings in New York City with 6 or more units, as well as units in certain other municipalities that have opted in under the Emergency Tenant Protection Act (ETPA). Stabilized tenants have rights to renewal, limits on annual rent increases set by the Rent Guidelines Board, and additional protections against eviction. The HSTPA substantially strengthened stabilization by closing several loopholes (vacancy decontrol, preferential rent rollback, MCI/IAI increase limits). Determining whether a specific unit is stabilized requires checking the rent registration history with HCR.

Are oral leases enforceable in New York?

Under N.Y. General Obligations Law § 5-701(a)(1), a lease that cannot be performed within one year from the date of agreement must be in writing to be enforceable. A month-to-month or shorter-term tenancy can technically be oral, but documenting in writing is heavily preferred for both parties. Even where a lease is oral, the warranty of habitability under RPL § 235-b, the security deposit cap under GOL § 7-108, the late fee cap under RPL § 238-a, and the notice tiers under RPL § 226-c still apply by operation of law.