Rights most residential tenants have
Every residential lease in New York carries a warranty of habitability, which requires the landlord to keep the apartment fit to live in and free of conditions that threaten health or safety, whatever the lease says. In New York City, landlords must provide heat during the heat season and hot water all year, make repairs, and address hazards such as lead paint and mold under local codes. A landlord generally cannot remove a tenant without a court order, and lockouts, utility shutoffs, or removing belongings to force someone out are unlawful. Tenants are protected against retaliation for complaining to the landlord or to agencies, and against harassment meant to push them out. Discrimination in renting is prohibited under federal, state, and city law.
Regulated apartments and newer protections
Whether an apartment is rent stabilized or rent controlled changes many tenant rights, including limits on increases, the right to a renewal lease, and succession rights for family members. Tenants who are not sure can request a rent history from the state housing agency, Homes and Community Renewal. Apartments that are not regulated may still be covered by the good cause eviction law in New York City and in localities that have opted in. Application fees and security deposits are also regulated, and in New York City a law that took effect in 2025 generally requires whoever hires a broker to pay that broker's fee. Keep your lease, renewals, rent receipts, photos of conditions, and copies of complaints you have made to the landlord or to 311.
Turning a problem into a plan
Many tenant problems can be resolved through a written repair request, a complaint to the city's housing agency, or a negotiated agreement, and court is not always the first step. When conditions are serious, tenants in New York City can bring an HP action in Housing Court asking the court to order repairs, and rent abatements may be raised in some cases. If you have received court papers, respond by the date given, since missing a court appearance can lead to a default judgment. In a first meeting we ask what the problem is, whether the apartment is regulated or covered by good cause protections, and what outcome you want, whether repairs, a rent reduction, time to move, or staying in the home. Eligible tenants facing eviction in New York City may also qualify for free representation through the city's right to counsel program.
