New York Tenant Rights 2026: HSTPA, Good Cause Eviction, and What Renters Should Know

New York has passed more tenant-protection legislation in the last seven years than in the previous three decades combined. Between the Housing Stability and Tenant Protection Act (HSTPA) of 2019 and the Good Cause Eviction law signed in 2024, the landscape for renters has shifted dramatically — and most tenants are still operating on outdated assumptions.

This guide covers the major laws protecting New York tenants in 2026, what they actually mean in practice, and how to tell if your landlord is following them.

HSTPA: The Housing Stability and Tenant Protection Act (2019)

The HSTPA was the single biggest overhaul of New York tenant law in a generation. It applies statewide — not just in New York City. Here are the provisions that matter most to everyday renters:

Security Deposit Cap: One Month Maximum

Before HSTPA, landlords in many parts of New York could charge two or even three months' security deposit. That's over. The law now caps security deposits at one month's rent, statewide. No exceptions for luxury apartments, furnished units, or any other reason.

This also means landlords cannot collect "last month's rent" in advance as a workaround. If you're being asked for more than one month's rent as a deposit under any label, that's a violation.

14-Day Deposit Return

When you move out, your landlord has 14 days to return your security deposit — along with an itemized statement of any deductions. If they fail to provide the itemized statement within 14 days, they forfeit the right to keep any portion of the deposit.

This is one of the most commonly violated provisions we see. Landlords who sit on deposits for 30, 60, or 90 days are breaking the law. If this happens to you, send a written demand citing General Obligations Law Section 7-108.

No More "Preferential Rent" Tricks

Before HSTPA, landlords of rent-stabilized apartments could offer a "preferential rent" — a discount below the legal registered rent — and then yank it away at renewal time, hitting tenants with massive rent increases that were technically "legal" because they were returning to the registered rent.

HSTPA closed this loophole. If you're paying a preferential rent, that lower amount is now the base for calculating future rent increases. Your landlord cannot jump back to the higher registered rent at renewal. The preferential rent follows the apartment for the duration of your tenancy.

Universal Rent Receipt Requirement

Every landlord in New York — regardless of building size or location — is now required to provide a written receipt for every rent payment. The receipt must include the date, amount, period covered, and the apartment address. If you pay by check or electronic transfer, the canceled check or transfer confirmation counts — but if you pay in cash or by money order, the landlord must provide a written receipt.

This matters more than it sounds. Rent receipts are critical evidence in eviction proceedings, deposit disputes, and rent overcharge complaints. Always keep your receipts.

Good Cause Eviction (2024)

The Good Cause Eviction law, signed into law in 2024, is the second major shift in New York tenant rights. It applies statewide and fundamentally changes the landlord-tenant dynamic for most market-rate renters.

What Good Cause Eviction Covers

Under this law, landlords cannot refuse to renew a lease or evict a tenant without "good cause." Good cause includes:

• Non-payment of rent
• Violation of a substantial lease obligation
• Nuisance behavior that disturbs other tenants
• Illegal use of the apartment
• Refusal to allow the landlord reasonable access for repairs
• The landlord or an immediate family member intends to occupy the unit (owner-occupancy)

Critically, "I just don't want to renew" is no longer a valid reason. Before this law, landlords of market-rate apartments could simply decline to renew at the end of a lease term for any reason or no reason at all. That's no longer the case for covered units.

Who's Exempt from Good Cause Eviction

Not every rental is covered. Key exemptions include:

• Owner-occupied buildings with 10 or fewer units
• Buildings built within the last 30 years (to avoid discouraging new construction)
• Units already covered by rent stabilization or rent control (they have their own, often stronger, protections)
• Certain subsidized housing with their own regulatory frameworks

The Unreasonable Rent Increase Threshold

One of the most significant provisions: a landlord cannot use a proposed rent increase as a de facto eviction tactic. Under Good Cause Eviction, a tenant can challenge a renewal rent increase as "unreasonable."

While the law doesn't set a hard cap, an increase that significantly exceeds the Consumer Price Index (CPI) for the region — or that clearly exceeds what's justified by the landlord's actual cost increases — can be challenged in court. In practice, increases above 5% plus CPI (or 10%, whichever is lower) are likely to face scrutiny.

This doesn't mean your rent can never go up meaningfully. It means your landlord can't propose a 40% increase as a way to force you out and re-rent at market rate.

NYC Rent Stabilization Basics

If you live in New York City and your building was built before 1974 and has six or more units, there's a strong chance your apartment is rent-stabilized. Rent stabilization provides:

• Annual rent increase caps set by the NYC Rent Guidelines Board (typically 2-5% per year)
• The right to a lease renewal — your landlord must offer you a one- or two-year renewal
• Protection from arbitrary eviction
• The right to file a rent overcharge complaint if your landlord charges more than the legal regulated rent

Before HSTPA, landlords could deregulate apartments once the rent crossed a threshold (previously $2,774/month). HSTPA eliminated vacancy and high-rent deregulation entirely. Once an apartment is stabilized, it stays stabilized — regardless of what the rent reaches.

Not sure if your apartment is rent-stabilized? You can request your apartment's rent history from the NYS Division of Housing and Community Renewal (DHCR) by filing a FOIL request or using the DHCR Building Search tool.

Statewide Termination Notice Requirements

Even if your landlord has good cause to not renew, they must provide proper written notice. New York law (Real Property Law Section 226-c) requires:

• 30 days' notice if you've lived in the unit for less than one year (or have a lease of less than one year)
• 60 days' notice if you've lived there for one to two years
• 90 days' notice if you've lived there for more than two years (or have a lease of more than two years)

These are minimums. Your lease can provide longer notice periods but cannot shorten them. If your landlord hands you a 30-day notice after you've lived somewhere for three years, that notice is defective and unenforceable.

Anti-Retaliation Protection (RPL Section 223-b)

New York's anti-retaliation statute prohibits landlords from retaliating against tenants who:

• File complaints about housing code violations with a government agency
• Organize or join a tenant association
• Exercise any legal right related to their tenancy

Retaliation includes raising rent, reducing services, or initiating eviction proceedings. If your landlord takes adverse action within six months of your protected activity, the law presumes it's retaliatory — and the burden shifts to the landlord to prove otherwise.

This is powerful protection, but many tenants don't know it exists. If you reported a broken boiler to 311 and suddenly received a non-renewal notice, RPL Section 223-b is your shield.

Warranty of Habitability (RPL Section 235-b)

Every residential lease in New York — whether written or oral, market-rate or stabilized — includes an implied warranty of habitability. This means your landlord must maintain the apartment in a condition that is fit for human habitation, including:

• Working plumbing and hot water
• Adequate heat (October 1 through May 31: at least 68 degrees F during the day when it's below 55 degrees F outside; at least 62 degrees F at night)
• Functioning electrical systems
• Freedom from pests and vermin
• Structurally sound walls, floors, and ceilings
• Working smoke and carbon monoxide detectors

This warranty cannot be waived. Any lease clause that says "Tenant accepts the premises as-is" or "Landlord makes no warranty regarding condition" is void under New York law. If your apartment has a habitability issue and your landlord refuses to fix it, you may be entitled to a rent abatement — a reduction in rent proportional to the reduced value of the apartment.

Succession Rights in NYC

If you live in a rent-stabilized or rent-controlled apartment in New York City, succession rights allow certain family members or long-term occupants to take over the lease when the primary tenant dies or permanently vacates.

To qualify, the successor must have lived in the apartment as their primary residence for at least two years (one year for seniors aged 62+ or disabled persons) immediately before the primary tenant's departure. "Family member" is defined broadly under New York law and includes spouses, domestic partners, children, parents, siblings, grandparents, grandchildren, and any person who can demonstrate an emotional and financial commitment and interdependence with the tenant.

Succession rights are one of the most valuable and least understood protections in New York City housing law. If you're living with a family member in a stabilized apartment, make sure your name is documented — utility bills, tax returns, government correspondence — to establish residency if it's ever challenged.

Know Your Rights Before You Sign

New York has strong tenant protections — but they only help you if you know about them. Landlords routinely include lease clauses that contradict these laws: security deposits above one month, habitability waivers, retaliation-friendly termination language, and rent increase provisions that ignore Good Cause Eviction limits.

The clauses are in your lease whether or not they're legal. The question is whether you catch them before you sign.

Paste your lease into LeaseGuard for a free scan. In about 60 seconds, every clause will be checked against current New York law — including HSTPA, Good Cause Eviction, rent stabilization rules, and the warranty of habitability. You'll see exactly what's enforceable, what's not, and what to push back on before you commit.