Learn What A Landlord Cannot Do In New York (2026)

Housing Discrimination and Fair Housing Rules

The federal Fair Housing Act prohibits landlords from discriminating based on protected characteristics. The New York State Human Rights Law expands those protections to cover additional characteristics like sexual orientation, marital status, military status, and source of lawful income.

Security Deposit, Late Fee, and Rent Limits

New York law places limits on fees, deposits, and rent increases:

• Late fees are capped at $50 or 5% of monthly rent, whichever is less
• Security deposits can’t exceed one month’s rent
• Landlords have 14 days to return a security deposit and provide a list of itemized deductions
• Landlords may not increase the rent more than the rate of inflation plus 5% (and no more than 10% total)

Some New York rental units are rent-stabilized or rent-controlled. These rental policies further limit the landlord’s ability to increase rent.

Entering Your Unit Without Notice

Landlords must give you reasonable notice (usually 24 hours) before entering your residence. However, they may enter without notice if there’s a genuine emergency.

Ignoring Repairs and Habitability Duties

Like most states, New York requires landlords to keep rental units safe and habitable. Unlike most other states, however, it gives tenants remedial options beyond breaking the lease or filing a lawsuit.

If your landlord won’t make necessary repairs, you may be able to have your rent payments held in escrow until they do so. In some situations, you may be able to make repairs yourself and deduct the cost from your rent. Many jurisdictions also let renters file actions in housing court to compel their landlord to act.

Tenant Harassment and Retaliation

Landlords may not harass tenants or retaliate against them for making good-faith complaints. Notably, if a landlord refuses to renew a lease, tries to evict a tenant, or takes another adverse action within a year of a complaint being made, the law presumes that it’s unlawful retaliation.

Self-Help Evictions and Lockouts

In New York, constructive eviction (often called “self-help” eviction) is illegal. That means a landlord may not change locks, shut off utilities, or take similar actions to try to compel a tenant to leave.

Constructive eviction is against the law in most states, but New York imposes serious penalties for it. A landlord who does this may be convicted of a Class A misdemeanor and sentenced to up to a year in jail. They may also face a civil fine of $1,00–$10,000.

To evict a tenant, a landlord must go through the court-based eviction process.

What to Do if Your Landlord Breaks the Law

If your landlord violates the law, you have options. The New York Attorney General has published a Residential Tenants’ Rights Guide to help you figure out your next steps.

Don’t be intimidated by a landlord who tries to trample your rights. In New York, you have genuine legal recourse.