Your Rights

Rights are only as good as we make them. First, we have to know what they are. Then, we have to figure out how to get them enforced.

In New York City, tenant rights are protected under a combination of the NYC Housing Maintenance Code, NYC Human Rights Law, and New York State Real Property Law.

If you have questions about your rights or need legal guidance, we recommend contacting the Metropolitan Council on Housing Tenants’ Rights Hotline at 212-979-0611 or calling the NYC Tenant Helpline via 311.

Need to report a building violation or lack of services?
Call 311 or submit a report online/app via NYC 311.

Common Violations & Rights

Illegal Entry

Except in cases of emergency or as agreed upon in your lease, your landlord must provide reasonable advance written notice (typically at least 24 hours for inspections/repairs, or 1 week for non-emergency work) before entering your apartment. Entry must take place at reasonable hours.

Rent & Electronic Payment Fees

Under NY Real Property Law § 235-g, your landlord cannot require you to pay rent electronically or charge mandatory fees for non-electronic payment methods. You have the legal right to pay your rent by paper check, money order, or cash (for which the landlord must provide a written receipt immediately).

Heat & Hot Water

Under the NYC Housing Maintenance Code, your landlord must provide heat during “Heat Season” (October 1 through May 31):

  • Daytime (6:00 AM – 10:00 PM): If the outside temperature falls below 55°F, inside temperature must be at least 68°F.
  • Nighttime (10:00 PM – 6:00 AM): Inside temperature must be at least 62°F, regardless of outside temperature.
  • Hot Water: Must be provided 24/7/365 at a minimum temperature of 120°F.

Failing to provide heat or hot water is a major violation. Report immediately to 311.

Repairs & Maintenance

Your landlord is legally obligated under the Warranty of Habitability (NY Real Property Law § 235-b) to keep your apartment and building clean, safe, and well-maintained.

  • If repairs are needed, notify your landlord in writing.
  • If they fail to act, report conditions to 311 for an HPD (Housing Preservation and Development) inspection.
  • Tenants in NYC also have rights regarding HP Actions in Housing Court to compel landlords to make necessary repairs.

Source of Income Discrimination

Under the NYC Human Rights Law, it is illegal for a landlord or broker to refuse to rent to you or discriminate against you based on your lawful source of income. This includes Section 8 vouchers, CityFHEPS, FHEPS, SSI, Disability, or Public Assistance.

Fair Notice for Rent Increases & Non-Renewal

Under NY Real Property Law § 226-c, if your landlord decides not to renew your lease or intends to raise your rent by 5% or more, they must provide advance written notice based on how long you have lived in the unit:

  • 30 days notice if you have lived in the apartment for less than 1 year and have a lease term of less than 1 year.
  • 60 days notice if you have lived in the apartment between 1 and 2 years, or have a lease term of 1 to 2 years.
  • 90 days notice if you have lived in the apartment for more than 2 years.

(Note: If your unit is Rent Stabilized or covered by NYC Good Cause Eviction protections, you have additional rights limiting rent increases and restricting non-renewals.)

Immigrant Tenant Protection / Protecciones para Inquilinos Inmigrantes

In English:
In New York City and New York State, landlords cannot intimidate, harass, or threaten to report tenants to immigration authorities (ICE) because of their immigration status or national origin. Doing so is a violation of the NYC Human Rights Law and state anti-harassment laws. Your landlord cannot use your status to force you out, deny repairs, raise rent illegally, or withhold services.

If you are an NYC tenant facing immigration-based harassment or threats from a landlord, call the NYC Commission on Human Rights at 212-416-0197 or contact Make the Road New York at 718-418-7690.

En Español:
En la Ciudad de Nueva York y el Estado de Nueva York, los propietarios no pueden intimidar, amenazar ni reportar a los inquilinos ante las autoridades de inmigración (ICE) debido a su estatus migratorio o país de origen. Hacerlo es una violación de la Ley de Derechos Humanos de NYC y de las leyes estatales contra el acoso a inquilinos. Su propietario no puede usar su estatus para obligarlo a mudarse, negarse a hacer reparaciones, aumentar la renta ilegalmente o cortarle los servicios.

Si usted es un inquilino de NYC que enfrenta acoso o amenazas relacionadas con su estatus migratorio por parte de un propietario, llame a la Comisión de Derechos Humanos de NYC al 212-416-0197 o contacte a Se Hace Camino Nueva York (Make the Road NY) al 718-418-7690.

What Are My Rights in My Rent Stabilized Apartment?

What is rent stabilization?

NYC tenants won rent stabilization through collective struggle and collective action to exercise the power of collective bargaining at the city scale. Stabilization helps stabilize tenants in their apartments so they can stay long-term by limiting rent increases to a yearly rate established by a city board and protecting tenants from arbitrary evictions.

Who has it?

Generally, apartments in buildings with 6 or more units built before 1974 are rent-stabilized. Some newer buildings under tax incentive programs (like 421-a or J-51) are also rent-stabilized.

How do I know if my unit is rent stabilized?

  1. Check if you have a “Rent Stabilization Rider” attached to your lease.
  2. Look it up on AmIRentStabilized.com or check building violation histories at DAP Portal.
  3. Request your official rent history by texting “rent history” to 646-783-0627 or requesting it online at portal.hcr.ny.gov/app/ask.
  4. Ask DHCR for an official status determination if you suspect you are being overcharged or misclassified.

    5. What are my rights if I am Rent Stabilized?

    Guarantees on Lease Renewals: Rent-stabilized tenants have a legal right to renew their lease for a 1- or 2-year term. Your landlord must provide a renewal offer between 90 and 150 days before your current lease expires. Even if your landlord fails to send a renewal, you remain rent-stabilized and protected.

    Limited Rent Increases: Renewal rent increases are capped by the NYC Rent Guidelines Board (RGB). (For leases renewing between Oct 1, 2024, and Sept 30, 2025: 2.75% for 1-year leases; 5.25% for 2-year leases). Landlords cannot raise your rent above these limits unless approved for specific major capital improvements (MCIs). Beware of landlord claims about “preferential rent”—your renewal increase must be based on the actual preferential rent you currently pay.

    Eviction Protection: You can only be evicted for non-payment of rent or specific lease violations proven in court. An eviction notice is only the start of a legal process—you cannot be locked out without a court order.

    Rent Overcharges: If your landlord charges more than the legal rent, you can file an overcharge complaint with NYS HCR to recover excess rent paid (up to 6 years back) and potentially treble (triple) damages for willful overcharges.

    Rent Reductions for Lack of Services: If your landlord fails to maintain required services or make repairs, you can petition HCR for a formal rent reduction order.

    Succession Rights: If the primary tenant listed on the lease moves out or passes away, an immediate family member who lived in the apartment as their primary residence for at least 2 years prior (or 1 year if disabled or 62+) has the legal right to take over the lease.

    Protection from Harassment: Landlord harassment of rent-regulated tenants is illegal and punishable by civil/criminal penalties and fines.

    Need to report repairs or file a complaint with NYS HCR?
    Call HCR at (718) 739-6400, visit RentConnect, or email rentinfo@nyshcr.org.

    Additional Rights Every Tenant Should Know

    • Right to Organize: You have a protected legal right (NY Real Property Law § 230) to form a tenant association, form a union, and hold meetings in building common areas without landlord interference or retaliation.
    • Right to Habitable Housing: Under the Warranty of Habitability (NY Real Property Law § 235-b), your landlord must keep your building clean, safe, and livable.
    • Right to Counsel in Housing Court: Under NYC’s Universal Access to Counsel, income-eligible tenants (households earning 200% or less of the Federal Poverty Line) facing eviction in Housing Court are guaranteed free legal representation.