State-Specific Tenant Protections

New York Tenant Rights & Protections

New York State Human Rights Law (Exec. Law Art. 15) prohibits housing discrimination and is enforced by the NYS Division of Human Rights (FHAP agency). The Housing Stability and Tenant Protection Act of 2019 (HSTPA) dramatically strengthened tenant protections statewide. Security deposits are capped at 1 month's rent. Landlords must provide 30/60/90 days' notice for lease non-renewals or rent increases (based on tenancy length). Retaliation is presumed if adverse action occurs within 1 year of a tenant complaint (RPL 223-b). NYC has extensive rent stabilization covering approximately 1 million units.

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Key Protections

What New York Law Protects

Security Deposit Limit

1 month's rent

Eviction Notice Minimum

30 days

Retaliation Presumption

365 days

Rent Control

Yes (statewide or local)

Fair Housing Protections

New York State Human Rights Law (Housing Provisions)

N.Y. Exec. Law §§ 296(5), 296(5-a)

Protected Classes

Age (18+)RaceCreedColorNational originSexual orientationGender identity or expressionMilitary statusSexDisabilityFamilial statusMarital statusLawful source of incomeDomestic violence victim status

Filing Information

Filing Agency

New York State Division of Human Rights (DHR) or direct filing in state court

Filing Deadline

1 year (DHR administrative) or 3 years (direct court filing)

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Key Provisions

  • No caps on damages — among the most powerful remedies available for housing discrimination
  • Broad source of income protections bar landlords from refusing housing voucher holders
  • Age protection begins at 18, significantly broader than federal Fair Housing Act
  • Covers discrimination in rental advertising, terms/conditions, and provision of services
  • DHR investigates complaints; complainant may also file directly in state court

Available Remedies

  • Compensatory damages (actual losses, emotional distress — no cap)
  • Punitive damages (no cap)
  • Injunctive relief (stop discriminatory practice, restore tenancy)
  • Attorney's fees and court costs
  • Civil penalties
Tenant Protection Laws

Additional New York Tenant Protections

New York Tenant Anti-Retaliation Protection

N.Y. Real Prop. Law § 223-b

New York Real Property Law Section 223-b prohibits landlord retaliation against tenants who exercise their legal rights. A landlord may not serve a notice to quit, commence eviction proceedings, or substantially alter the terms of tenancy in retaliation for the tenant's good-faith complaints, exercise of lease rights, or participation in tenant organization activities. The statute creates a rebuttable presumption of retaliation if adverse action occurs within 1 year of the protected activity.

  • Landlord may not evict, raise rent, decrease services, or substantially alter lease terms in retaliation
  • Rebuttable presumption of retaliation within 1 year of protected activity
  • Protected activities include: good-faith complaints about code violations, exercise of lease rights, tenant organizing
  • Refusing to renew a lease or offering unreasonable rent increases qualifies as retaliation
  • Provides both a cause of action for damages and a defense to eviction
Important Deadlines

Filing Deadlines in New York

Missing a deadline can forfeit your legal claim. Know your windows.

Law / AgencyDeadlineFiled With
Federal Fair Housing Act (HUD)300 daysHUD (via state FHAP agency)
Federal Fair Housing Act (Court)2 yearsFederal or state court
NY HRL Housing1 year (DHR administrative) or 3 years (direct court filing)New York State Division of Human Rights (DHR) or direct filing in state court

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Legal Disclaimer

This page provides general legal information about New York tenant rights for educational purposes only. It is not legal advice, and no attorney-client relationship is created. Laws change frequently; verify current statutes with your state agency or a qualified attorney. If you believe your rights have been violated, consult a licensed landlord-tenant attorney in New York.