Understanding your rights is one of the best ways to protect your home.
Imagine moving into your first apartment after spending a long time in a shelter.
You are excited about having a place to call home.
A few months later, the heating stops working during winter.
You contact your landlord, but nothing happens.
Then you begin wondering:
These are important questions.
Unfortunately, many renters do not fully understand their rights until a problem occurs.
At The Housing Specialist™, we believe that housing education should help people not only find apartments but also understand how to protect their tenancies.
Whether you pay your rent directly or receive lawful rental assistance, you have legal rights as a tenant.
This guide explains some of the most important protections available to New York City renters, the responsibilities that accompany those rights and where to seek help when problems arise.
New York law generally requires residential landlords to maintain rental housing in a condition that is fit for human habitation and consistent with applicable health and safety requirements.
This protection is commonly known as the warranty of habitability.
It applies broadly to residential tenancies and cannot simply be eliminated by a lease provision.
Your landlord has legal responsibilities concerning required housing conditions.
These may include addressing:
Notify your landlord or property manager.
Describe the condition clearly.
Keep copies of messages and photographs where appropriate.
If the landlord does not address the problem, you may seek assistance through NYC 311 or other available legal channels.
Not every inconvenience is automatically a legal habitability violation.
However, serious health and safety problems should never be ignored.
New York City has specific requirements concerning heat and hot water in residential buildings.
NYC’s heating season generally runs from October 1 through May 31.
During that period, landlords must provide heat sufficient to meet the city’s temperature requirements.
For example, when the outside temperature is below 55°F between 6 a.m. and 10 p.m., the indoor temperature must generally be at least 68°F.
Between 10 p.m. and 6 a.m., the indoor temperature must generally be at least 62°F, regardless of the outside temperature.
Landlords generally must provide hot water at a minimum temperature of 120°F year-round.
Having a housing voucher does not remove your right to legally required heat and hot water.
Federal, New York State and New York City laws prohibit discrimination in covered housing transactions based on protected characteristics.
Protections may include race, color, religion, national origin, disability, familial status and other characteristics protected by applicable law.
New York City also provides protections concerning lawful sources of income.
In covered housing transactions, landlords and brokers generally cannot refuse an applicant simply because the applicant intends to pay rent using lawful rental assistance.
This may include CityFHEPS, FHEPS and Section 8.
Not every rejected application constitutes discrimination, and some legal protections have coverage limitations.
You deserve to be considered fairly under applicable housing laws.
Renting an apartment generally gives you the right to lawful possession and use of the premises.
A landlord’s ownership does not mean the landlord can enter whenever they wish.
However, landlords may have legitimate reasons to enter, such as repairs, inspections or emergencies.
Entry rights and notice requirements depend on applicable law, the lease and the circumstances.
For many nonemergency situations, reasonable advance notice and appropriate timing may be required.
Emergencies can justify entry without ordinary advance notice.
A landlord generally cannot remove a residential tenant in NYC simply by telling them to leave.
Lawful eviction ordinarily requires the appropriate legal process.
Examples of potentially unlawful eviction conduct include:
If you believe you have been unlawfully locked out, contact the appropriate authorities and seek urgent legal assistance.
NYC 311 can provide information about illegal lockout complaints and tenant services.
An eviction-related notice does not always mean a court has ordered your removal.
Do not abandon your home solely because you receive a threatening letter without first understanding your rights.
New York law limits most residential security deposits to one month’s rent.
Additional legal requirements govern how deposits are held, used and returned.
Landlords may be entitled to make lawful deductions for certain unpaid obligations or damage beyond ordinary wear and tear.
However, deposits cannot simply be withheld without regard to applicable law.
For many New York residential tenancies, landlords must return the remaining security deposit within 14 days after the tenant vacates and provide an itemized statement of lawful deductions.
Different rules may apply to certain regulated or specialized housing arrangements.
If you believe money was unlawfully withheld, seek appropriate assistance.
Not every apartment in NYC follows the same rental rules.
Rent-stabilized tenants generally have special protections concerning lease renewals and regulated rent increases.
Some non-rent-stabilized apartments may be covered by New York’s Good Cause Eviction law.
That law can provide certain protections against eviction without legally recognized grounds and against some unreasonable rent increases.
Coverage depends on the property and applicable exemptions.
New York law may require advance notice of certain rent increases or decisions not to renew, depending on the tenancy and circumstances.
Your housing agency may also need to review proposed rent changes or lease renewals.
A landlord’s proposed increase is not automatically an approved increase under your voucher program.
Fair housing laws provide important protections for people with disabilities.
In covered circumstances, housing providers may be required to consider reasonable accommodations to rules, policies or practices.
Some situations may also involve requests for reasonable physical modifications.
The applicable legal requirements depend on the circumstances.
Housing providers may request limited supporting information when legally appropriate, but not every request justifies extensive medical disclosure.
If an accommodation request is denied, seek guidance from a qualified fair housing organization or enforcement agency.
Tenants should not be subjected to unlawful harassment for exercising protected rights.
Certain actions taken against tenants because they make good-faith complaints or engage in other legally protected activities may constitute unlawful retaliation.
Do not assume that every disagreement is unlawful harassment, but do not ignore serious or repeated conduct.
Tenant rights and tenant responsibilities work together.
Understanding your responsibilities can help protect your rights and your long-term housing stability.
Housing vouchers help eligible households obtain and maintain housing.
But receiving rental assistance does not mean that you have fewer basic tenant rights.
Recipients generally retain applicable tenant protections while also having program-specific obligations.
These may include providing required information and following agency instructions.
Section 8 participants have applicable tenant rights and must comply with program requirements.
These commonly include reporting required changes, completing recertification and following lawful tenancy obligations.
Do not assume that every disagreement is discrimination.
However, if you believe the landlord is treating you unlawfully because of your lawful rental assistance, document the situation and seek guidance.
Contact the administering agency and ask for clarification.
Keep records of any rent demands.
Seek tenant assistance if your housing becomes threatened.
It can be difficult to know what action to take when something goes wrong.
The appropriate response depends on the problem.
Save relevant documents, messages and notices.
Different agencies handle different problems.
Some complaints, appeals and court proceedings have strict deadlines.
Do not delay seeking assistance when an official notice requires action.
Do I have tenant rights if I use CityFHEPS or Section 8?
Yes. Rental-assistance recipients generally have the same applicable legal protections as other tenants, along with program-specific obligations.
Can my landlord enter my apartment without telling me?
Entry rights depend on the circumstances, lease and applicable law. Emergencies differ from routine access requests.
Can I complain about repairs without being evicted?
Tenants have legal protections concerning habitability and certain forms of retaliation. If you experience threats or other concerning conduct, seek assistance.
Can a landlord refuse to rent to me because I have a voucher?
In covered housing transactions, refusal solely because of lawful rental assistance may violate source-of-income discrimination protections.
Can my landlord keep my security deposit?
Only lawful deductions are permitted. Applicable rules govern documentation and return of deposits.
Can my landlord increase the rent whenever they want?
Rent increases are subject to applicable laws, notice requirements, lease terms and, where relevant, housing-program approval.
What if my landlord changes the locks?
An unlawful lockout can require urgent action. Seek assistance through the appropriate authorities and tenant legal services.
Can I be evicted for losing my job?
Losing a job alone does not automatically mean you must leave your apartment. However, unpaid rent or changes in program eligibility may create issues requiring prompt attention.
What if I receive a notice that I do not understand?
Keep the notice and seek assistance before any deadline expires.
Understanding your rights does not mean expecting every disagreement to become a legal dispute.
It means knowing what protections apply, what responsibilities you have and where to seek help when problems arise.
A secure home depends on more than paying rent.
It also depends on safe living conditions, fair treatment, clear communication and respect for the law.
Knowledge gives you the confidence to protect the home you have worked so hard to secure.
Our downloadable Tenant Rights & Responsibilities Guide provides a practical overview of common NYC tenant protections, responsibilities and useful assistance resources.
View Resource & Download Free PDFAvailable in the THS Download Centre. No registration required.
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