New York law sets hard limits on what landlords can do, and breaking them can cost them money

New York State and New York City have some of the strongest tenant protections in the country. A landlord cannot enter your apartment without notice, cannot raise your rent beyond what the law allows, cannot retaliate against you for reporting code violations, and cannot lock you out or remove your belongings without a court order. These are not suggestions—they are legal requirements, and landlords who break them face fines, damages, and loss of rent.

The rules differ slightly between rent-stabilized apartments (where the Rent Guidelines Board sets increases) and market-rate apartments, and between New York City and the rest of the state. But the core protections explore everywhere: you have the right to a habitable apartment, the right to privacy, and the right to organize or complain without fear of punishment.

Key Takeaways

  • A landlord must give you at least 24 hours' notice before entering your apartment, except in emergencies like fire or gas leak, and can enter only during business hours on weekdays unless you agree otherwise.
  • In New York City, most rent increases are capped by the Rent Guidelines Board; outside the city, landlords cannot raise rent more than once per year and must give 30 or 60 days' notice depending on lease length.
  • Retaliation is illegal—a landlord cannot evict you, raise your rent, decrease services, or threaten you because you reported a violation, joined a tenant organization, or exercised a legal right.
  • A landlord cannot lock you out, remove your belongings, or shut off utilities; they must go through the courts and get a judgment before removing you.
  • Your apartment must be habitable—heat, hot water, working plumbing, and freedom from pests and mold are not optional, and a landlord cannot charge you to fix code violations they are required to maintain.

Entry and privacy: what notice means and when it does not explore

A landlord must give you at least 24 hours' written notice before entering your apartment. The notice must state the date, time, and reason for entry. Entry can happen only between 9 a.m. and 5 p.m. on weekdays, unless you agree to a different time. A text message or email counts as written notice if you have agreed to receive it that way.

The only exceptions are genuine emergencies: a fire, gas leak, burst pipe, or other when ready danger to health or safety. Even then, a landlord should try to notify you, and the entry must be limited to stopping the emergency. A landlord cannot use an emergency as cover to inspect the apartment or look for lease violations.

A landlord cannot enter to show the apartment to prospective tenants or buyers without your permission, even with notice. They can ask, but you can say no. If you are within 90 days of lease end and the landlord wants to show the place, they can enter with notice, but only if you refuse to let them show it at reasonable times—and even then, a court may need to order it.

Rent increases: the rules in New York City and outside it

In New York City, most rent-stabilized apartments have increases set by the Rent Guidelines Board each year. For the 2024–2025 lease year, the board set a 3 percent increase for one-year leases and 4.5 percent for two-year leases. These are the maximum increases allowed; a landlord cannot charge more. Market-rate apartments in the city have no cap, but a landlord still cannot raise rent mid-lease and must give 30 or 60 days' notice before the lease ends, depending on how long you have lived there.

Outside New York City, there is no rent control, but there are still rules. A landlord cannot raise rent more than once per lease year. They must give you 30 days' notice if you have lived there less than one year, or 60 days' notice if you have lived there one year or more. The increase can be any amount, but the notice period is mandatory. If a landlord raises rent without proper notice, the old rent stays in effect until the notice period expires.

A landlord cannot raise rent as retaliation for you reporting a code violation, joining a tenant association, or exercising a legal right. If you report a violation and your rent goes up within six months, the law presumes retaliation unless the landlord can prove otherwise.

Retaliation: what it is and how it is punished

Retaliation means punishing a tenant for exercising a legal right. In New York, a landlord cannot evict you, raise your rent, decrease services, increase fees, or threaten you because you reported a code violation to the city, joined or organized a tenant group, requested a repair, or sued the landlord over a lease dispute. A landlord also cannot retaliate because you exercised rights under the lease itself—for example, asking them to honor a promise to provide a service.

If you report a violation or take legal action and your landlord retaliates within six months, the law assumes it is retaliation unless the landlord can show a legitimate, non-retaliatory reason. For example, if you report mold and your landlord raises your rent 30 days later, that is presumed retaliation. The landlord would have to prove they had already planned the increase before you reported.

Retaliation can also be subtle: refusing to make repairs, ignoring maintenance requests, or threatening eviction. If you believe you are being retaliated against, document everything—dates, what you reported, what the landlord did, and when. You can file a complaint with the city or sue in housing court.

Eviction and lockouts: the only legal way to remove a tenant

A landlord cannot lock you out, remove your belongings, change the locks, or shut off heat, water, or electricity to force you to leave. These are called self-help evictions, and they are illegal in New York, even if you owe rent. A landlord must go through the courts.

To evict you legally, a landlord must file a case in housing court, serve you with papers, and get a judgment from a judge. You have the right to appear in court and defend yourself. Only after the judge issues a judgment can the landlord ask the sheriff to remove you. This process takes weeks or months, not days. If a landlord locks you out or removes your things without a court order, you can sue them for damages and the cost of replacing your belongings.

Even after a judgment, a landlord cannot remove you themselves. They must hire a marshal or sheriff to do it, and they must give you notice of the date and time. You have the right to be present and to remove your belongings before the removal happens.

Habitability: what your apartment must have and what you do not have to pay for

New York law requires that every rental apartment be habitable. That means it must have working heat (at least 68 degrees between October 1 and May 31), hot water, functioning plumbing and toilets, electricity, a roof that does not leak, walls and ceilings free of holes, and protection from pests and mold. These are not luxuries—they are legal requirements.

A landlord cannot charge you to fix these things, even if the lease says you are responsible for repairs. If your heat does not work, your landlord must fix it at their cost. If there is mold or a rodent problem, the landlord must address it. You do not have to pay for code violations or basic maintenance. If a landlord tries to charge you or deducts from your security deposit for habitability issues, that is illegal.

If your apartment is not habitable, you can withhold rent (in an escrow account), repair it yourself and deduct the cost from rent, or break the lease without penalty. You can also file a complaint with the city's Department of Housing Preservation and Development (HPD), which will inspect and order repairs. A landlord cannot retaliate against you for reporting.

Security deposits and fees: what landlords cannot keep or charge

A landlord can collect a security deposit equal to no more than one month's rent (or the equivalent of the first month's rent if rent varies). They cannot charge a non-refundable fee disguised as a deposit. Any fee labeled "non-refundable" must be clearly separate from the security deposit and disclosed in writing before you sign the lease.

A landlord must return your security deposit within 30 days of you moving out, minus only the cost of repairs for damage you caused (not normal wear and tear) and any unpaid rent. The landlord must provide an itemized list of deductions. If they do not return the deposit or the deductions are unreasonable, you can sue in small claims court or housing court for the full amount plus interest and penalties.

A landlord cannot charge you for repairs that are the landlord's responsibility under the lease or the law. They cannot charge you to paint, replace carpet, or fix code violations. They can charge only for damage beyond normal use—a large hole in the wall, broken windows you caused, or stains from spills you made.

Lease terms and illegal clauses: what a landlord cannot require

A lease is a contract, but not every term in a lease is legal. A landlord cannot require you to waive your right to a habitable apartment, to give up your right to report violations, or to agree not to call the police or fire department. A lease cannot say you forfeit your security deposit if you break the lease early, or that you owe a penalty beyond actual damages.

A landlord cannot require you to pay for utilities that are the landlord's responsibility (like heat or hot water in a building with a central system), or to pay for building maintenance, repairs, or code violations. A lease cannot say you are responsible for structural repairs, roof leaks, or plumbing that serves the whole building.

A landlord cannot require you to waive your right to a jury trial or to sue in court. They cannot require you to pay their legal fees if you win a case against them. If a lease includes an illegal clause, that clause is void—it does not bind you—but the rest of the lease remains in effect.

Frequently Asked Questions

Can a landlord enter my apartment if I do not answer the door?

No. A landlord must give you 24 hours' notice and can enter only if you are home or have agreed to let them in. If you do not answer, they cannot force their way in. If they do, that is trespassing and you can call the police. The only exception is a true emergency like a fire or gas leak, and even then they should try to reach you first.

What if my landlord raises my rent without proper notice?

The old rent stays in effect until the notice period expires. If your lease ends and your landlord raises rent without 30 or 60 days' notice (depending on how long you have lived there), you can refuse to pay the increase until the notice period has passed. If they try to evict you for non-payment, you can defend yourself in court by showing they did not give proper notice.

Can my landlord evict me for calling 311 to report a code violation?

No. Reporting a violation is protected by law, and retaliation is illegal. If your landlord evicts you, raises your rent, or decreases services within six months of your report, the law presumes it is retaliation. You can file a complaint with HPD or sue in housing court. Document the date you reported and the date of the landlord's action.

What should I do if my landlord locks me out or removes my belongings?

Call the police when ready and report an illegal lockout. Then contact a legal aid organization or housing court. You can sue your landlord for damages, the cost of replacing your belongings, and sometimes punitive damages. Keep any evidence—photos, texts, witness statements—and file a police report so you have an official record.

Can my landlord charge me for heat or hot water if the building has a central system?

No. If the building has a central heating or hot water system, the landlord must pay for it and cannot pass the cost to you. If your lease says you pay for these utilities, that clause is illegal. You can refuse to pay and the landlord cannot evict you for it. If you have been paying, you may be able to recover those costs.