Rental Property Rules in New York, NY

If you live in New York or are thinking about moving there, rental property rules are one of those things you probably won't think about until they affect you directly. New York has 11 specific rules on the books covering different aspects of rental property rules, and some of them might surprise you.

Relocation Assistance

When a city agency orders a privately owned building vacated for health, safety, or maintenance violations, HPD must provide displaced tenants relocation services, including temporary housing and help toward moving expenses, under Administrative Code Section 26-301.

Key details: Enforcing agency: NYC Housing Preservation & Development. Governing law: Administrative Code § 26-301. Trigger: Vacate order from DOHMH, DOB, FDNY, or HPD. Relocation area: Same or adjacent community district. Application deadline: None: no time limit to apply.

No fine; a tenant denied relocation services instead gets written notice, the reason, and appeal instructions from HPD under Section 26-301(7)(c).

Pass-Through Charges

New York City bans landlords from billing residential tenants for legal fees, notary charges, or building-management admin costs unless a court order allows it.

Key details: Governing law: NYC Admin Code § 26-416. Effective: December 21, 2021. Covers: Legal fees, notary, admin costs. Exception: Only with a court order. Related rule: No AC surcharge if tenant pays electric (§ 26-417).

Any lease clause, invoice, or fee demand passing legal or building-management costs to a tenant without a qualifying court order is void and unenforceable; tenants can raise it as a defense in Housing Court and pursue Civil Court claims to recover amounts wrongly charged.

This is not one of those rules that cities tend to ignore. New York actively enforces its pass-through charges requirements.

Tenant Anti-Harassment

New York City's Housing Maintenance Code bans landlords from pressuring tenants out through threats, service cutoffs, frivolous lawsuits, lockouts, or repeated buyout offers, with tenants able to pursue harassment claims in Housing Court.

Key details: Harassment defined: Admin. Code § 27-2004(a)(48). Owner prohibition: § 27-2005(d) bars harassing tenants. Enforcement agency: NYC Dept. of Housing Preservation & Development. Tenant remedy: Claim or defense in Housing Court. Scope: Citywide, all five boroughs.

HPD issues a Housing Maintenance Code violation and civil penalty; tenants may also sue in Housing Court for harassment or unlawful eviction and seek restoration to the unit plus damages.

This is not one of those rules that cities tend to ignore. New York actively enforces its tenant anti-harassment requirements.

Mold Disclosure

New York City landlords must include a mold-hazard notice in every lease and give tenants a Health Department mold pamphlet before move-in.

Key details: Law: Local Law 2018/055. Requirement: Lease notice + DOHMH pamphlet. Applies to: Multiple dwellings citywide. Notice approval: Must be HPD-approved. Effective: January 19, 2019.

Failure to give the lease notice or DOHMH pamphlet is an HPD Housing Maintenance Code violation, enforced with escalating civil penalties like other indoor allergen hazard violations.

Cash-for-Keys Agreements

Landlords who pay a tenant to vacate under a cash-for-keys buyout deal must electronically file the agreement's terms with HPD within 90 days of signing, reporting the owner's name, unit address, payment amount, and execution date.

Key details: Filing deadline: 90 days after execution. Filed with: Dept. of Housing Preservation & Development. Applies to buyouts from: July 1, 2020 onward. Late-filing penalty: $50-$150 plus $25/day. Enacting law: Local Law 102 of 2019.

Missing the 90-day HPD filing deadline is a non-hazardous Housing Maintenance Code violation: $50-$150 per violation plus $25 per day until the buyout agreement is filed, under Admin Code §§ 26-2405 and 27-2115.

Repairs & Habitability

NYC landlords must keep apartments at 68°F during the day and 62°F overnight from October 1 through May 31 whenever outside temps drop low enough to trigger the rule.

Key details: Day minimum: 68°F, 6am-10pm, if outside <55°F. Night minimum: 62°F, 10pm-6am, year-round in season. Heat season: October 1 - May 31. Enforcing agency: NYC HPD.

HPD investigates heat complaints (often via 311) and can issue violations and civil penalties; owners who fail to restore heat face escalating fines and possible emergency repair action billed back to the owner.

Section 8 Voucher Acceptance

New York City landlords cannot refuse to rent, discriminate in lease terms, or advertise against tenants because they pay with a Section 8 voucher or other lawful source of income under the city's Human Rights Law.

Key details: Protected class: Lawful source of income, incl. Section 8. Enforcing agency: NYC Commission on Human Rights. Max civil penalty: $125,000 (up to $250,000 if willful). Citation: Admin Code § 8-107(5)(a). Applies to: Owners, lessors, brokers, lenders citywide.

Violators face civil penalties up to $125,000, or up to $250,000 for willful, wanton, or malicious discrimination, imposed by the NYC Commission on Human Rights, plus compensatory damages to the tenant.

This is one of the stricter rules in New York's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Source-of-Income Discrimination

NYC landlords cannot refuse to rent, or otherwise discriminate, because a tenant pays with Section 8, CityFHEPS, or other lawful income sources.

Key details: Governing law: NYC Human Rights Law, Admin Code § 8-107(5). Protected income: Section 8, CityFHEPS, SSI, child support. Max civil penalty: $125,000 ($250,000 if willful). Owner-occupant exemption: 2-family home, owner lives on-site. Enforcement agency: NYC Commission on Human Rights.

NYC Commission on Human Rights can impose a civil penalty up to $125,000 per violation, or up to $250,000 for willful, wanton or malicious conduct.

Compared to other cities, New York takes a harder line on source-of-income discrimination. The enforcement and penalty structure reflects that.

Rent Increase Notice

In New York City, a landlord who plans to raise the rent by 5% or more, or to not renew a tenancy, must give written advance notice of 30, 60, or 90 days depending on how long the tenant has lived there.

Key details: Statute: NY Real Property Law §226-c. Trigger: Increase of 5% or more. Under 1 year: 30 days' notice. 1 to 2 years: 60 days' notice. Over 2 years: 90 days' notice.

If the landlord fails to give the required notice, the tenant may remain in the unit at the existing rent until proper written notice is served and its effective date passes. Tenants raise §226-c as a defense in Housing Court.

Rental Registration

Owners of multiple dwellings and non-owner-occupied 1-2 family homes must file an annual registration statement with HPD naming the owner and a local contact.

Key details: Who must register: Multiple dwellings; non-owner-occupied 1-2 family homes. Agency: NYC Dept. of Housing Preservation and Development (HPD). Renewal: Annually, on assigned registration date. Filing fee: $13 per registration statement. Change of ownership: New statement within 5-30 days.

Landlords who fail to keep registration current risk HPD enforcement and complications defending nonpayment or holdover cases; a $13 filing fee applies per statement filed.

Rent Control

New York City's rent stabilization law rests on a standing council finding that a housing emergency continues to exist citywide, first enacted in 2015 and reaffirmed by amendment in 2018, 2022 and 2024. Local Law 2024/047 last renewed the declaration effective March 25, 2024, extending it "on and after April 1, 2024" under Administrative Code §§ 26-501 and 26-502, the mechanism keeping the city opted into the state's Emergency Tenant Protection Act.

Key details: Governing sections: Admin Code §§ 26-501, 26-502, 26-503, 26-504. Original enactment: Local Law 16 and 51 of 1969. Latest renewal: Local Law 2024/047, effective March 25, 2024. Coverage threshold: Class A buildings with 6+ units, built after Feb. 1947. ETPA hook: § 26-504(b) applies stabilization via the 1974 state ETPA.

This chapter itself sets no fines: it establishes coverage, not penalties. If the council let a reaffirmation lapse, the affected units would fall out of stabilization at that point, since §§ 26-501 and 26-502 tie continued coverage to an active emergency finding. Owners of buildings § 26-504 covers remain subject to DHCR-administered stabilization rules, including rent registration and overcharge liability, enforced separately from this declaration.

This is not one of those rules that cities tend to ignore. New York actively enforces its rent control requirements.

The Bottom Line

New York is tougher than many cities when it comes to rental property rules. Out of the 11 rules covered here, 5 are rated strict. If you are a homeowner, renter, or business owner in New York, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that New York can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.