New York Standard Residential Lease Agreement

Introduction

A New York residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. New York has some of the most comprehensive tenant protections in the United States, with extensive requirements under state law and additional protections for New York City residents.

This document covers all mandatory disclosures, security deposit regulations, rent payment rules, termination procedures, and tenant protections required under New York law. All citations reference official New York State statutes, federal law, or NYC Administrative Code - no secondary sources are cited.

Required Disclosures

New York law mandates numerous disclosures in residential leases. The following are required disclosures that apply statewide, plus additional requirements specific to New York City.

Statewide Disclosure Requirements

Lead-Based Paint Disclosure

For properties built before January 1, 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards. ^[1] Landlords must provide tenants with an EPA-approved pamphlet on lead hazard identification and give tenants 10 days to conduct a lead paint inspection before signing the lease.

Sprinkler System Disclosure

Every residential lease must provide conspicuous notice in bold face type as to the existence or non-existence of a maintained and operative sprinkler system in the leased premises. ^[2] If a maintained and operative sprinkler system exists, the lease must also disclose the last date of maintenance and inspection.

Certificate of Occupancy Disclosure

For properties with three or fewer rental units, landlords must provide conspicuous notice in bold face type as to whether a certificate of occupancy is currently valid for the dwelling unit. ^[3] Landlords may satisfy this requirement by providing an actual copy of the valid certificate of occupancy.

Security Deposit Receipt

When a landlord accepts a security deposit, they must disclose in writing the name and location of the financial institution where the deposit is being held. ^[4] The deposit must be held separately from the landlord's personal funds.

Good Cause Eviction Law Disclosure (new - 2024)

Effective August 18, 2024, landlords must attach to any new lease or renewal lease a notice disclosing whether the Good Cause Eviction Law applies to the tenancy. ^[5] The notice must include: whether the unit is exempt and the basis for exemption; if covered and the landlord intends to increase rent above the local rent standard, the justification for the increase; and if covered and the landlord is not renewing the lease, the basis for non-renewal.

Flood History and Risk Notice (new - 2023)

Effective June 21, 2023, every residential lease must provide notice of flood risk and history. ^[6] Required disclosures include: (a) whether the premises is in a FEMA-designated floodplain; (b) whether the premises is in the Special Flood Hazard Area (100-year floodplain); (c) whether the premises is in a Moderate Risk Flood Hazard Area (500-year floodplain); and (d) any prior flood damage the landlord knows or should know has occurred.

New York City-Specific Disclosure Requirements

Bedbug Infestation History

Property owners must furnish to each tenant signing a vacancy lease a notice that sets forth the property's bedbug infestation history for the previous year regarding both the specific unit and the building. ^[7] Property owners must file an Annual Bed Bug Report with HPD between December 1 and December 31, and provide the filing receipt to tenants upon commencement of a new lease and with each renewal.

Window Guards Disclosure

In buildings with three or more apartments, landlords must install window guards if a child age 10 years or younger lives there, or if the tenant requests them. ^[8] Landlords must provide annual notice between January 1 and January 16 regarding the availability of window guards. The notice must be included as a rider to all leases.

Stove Knob Covers Disclosure

Property owners must provide annual notice on or before January 16 informing tenants that stove knob covers or permanent stove safety knobs will be made available within 30 days of request. ^[9] This applies to gas-powered stoves in units where a child under six years of age resides, or upon tenant request.

Building Smoking Policy

For buildings with three or more units, landlords must adopt a written smoking policy and incorporate it into lease agreements. ^[10] The policy must address all indoor locations (common areas and dwelling units) and outdoor areas. Annual disclosure must be provided to tenants or posted in a prominent location.

Security Deposits

The Housing Stability and Tenant Protection Act of 2019 (HSTPA) significantly strengthened security deposit protections for all New York tenants, not just rent-stabilized units.

Maximum Security Deposit

Maximum Amount: One month's rent. ^[11] As of June 14, 2019, landlords cannot demand a security deposit exceeding one month's rent for any residential unit in New York State, whether rent-stabilized or market-rate. The practice of requiring "first and last month's rent" as prepaid rent is now prohibited.

Return of Security Deposit

Return Period: 14 days. ^[12] Within fourteen days after the tenant vacates, the landlord must provide an itemized statement indicating the basis for any amount retained and return any remaining deposit. If the landlord fails to provide the statement within 14 days, the landlord forfeits any right to retain any portion of the deposit.

Interest on Security Deposits

For buildings with six or more apartments, security deposits must be placed in interest-bearing accounts at a banking organization in New York State. ^[13] The landlord may retain 1% per annum for administrative expenses. The remaining interest must be paid annually to the tenant or credited to rent.

Trust Requirements

Security deposits must continue to be the money of the tenant until lawfully applied or repaid. ^[14] Deposits cannot be commingled with the landlord's personal funds and must be held in trust for the tenant.

Penalties for Willful Violations

If a court finds that a landlord willfully violated security deposit requirements, the court may award the tenant punitive damages equal to two times the deposit amount. ^[15]

Rent Payment and Late Fees

Grace Period

Grace Period: 5 days. ^[16] A rent payment can only be considered late if it is received more than five days after it is due. The grace period does not extend the rent due date - it merely delays when late fees can be assessed.

Maximum Late Fee

Application and Processing Fees

Landlords cannot charge application processing fees except for background and credit checks, which are limited to $20 or actual cost, whichever is less. ^[18] Landlords must provide tenants with copies of any background or credit checks performed.

Lease Termination and Notice Requirements

Notice of Rent Increase or Non-Renewal

Landlords must provide written notice of rent increases of 5% or more, or non-renewal of tenancy, based on the length of occupancy. ^[19]

Notice Periods:

• Less than 1 year occupancy: 30 days notice
• 1-2 years occupancy: 60 days notice
• 2+ years occupancy: 90 days notice

Good Cause Eviction Protections (2024)

The Good Cause Eviction Law, effective April 20, 2024, applies to NYC and municipalities that opt in. ^[20] For covered properties, landlords must have "good cause" to evict and rent increases are limited to the local rent standard (inflation + 5%, maximum 10%).

Warranty of Habitability

In every written or oral lease for residential premises, the landlord is deemed to warrant that the premises and common areas are fit for human habitation and not dangerous, hazardous, or detrimental to life, health, or safety. ^[21] This warranty cannot be waived by the tenant.

Landlord Maintenance Obligations

Landlords must maintain:

• Heat (October 1 - May 31) when outside temp below 55F
• Hot water (year-round, minimum 120F)
• Roofs, walls, floors free from leaks and damage
• Working appliances and plumbing
• Smoke and carbon monoxide detectors
• Common areas safe and clean

Additional Tenant Rights and Protections

Protection Against Retaliation

Landlords cannot retaliate against tenants who exercise their legal rights, such as filing complaints with housing authorities, joining tenant organizations, or reporting code violations. ^[22]

Unlawful Restrictions on Occupancy

Landlords cannot impose unreasonable restrictions on the number of occupants or on who may occupy the premises, subject to reasonable occupancy standards. ^[23]

Senior Citizen Lease Termination Rights

Tenants age 62 or older may terminate residential leases under certain circumstances, such as when entering a residential health care facility or senior housing. ^[24]