tenant-bill-of-rights

Housing Preservation & Development


Tenants' Rights

New York City Tenant Bill of Rights


The purpose of this page is to outline the basic rights to which all tenants in NYC are entitled. These rights generally fall under the categories of: (1) fair and equal access to housing, (2) housing quality, (3) lease and security deposits, (4) evictions and illegal lockouts, and (5) landlord harassment and tenant organizing. This “Bill of Rights” also includes additional rights for tenants in Rent-Stabilized apartments and apartments subject to the new Good Cause Eviction laws.

This Tenant Bill of Rights is a collaboration between HPD and the Mayor’s Tenant Protection Cabinet (TPC). It is not a substitute for advice from a lawyer or legal representation. For additional inquiries, or to be connected to free legal services, call the city hotline at 311 and ask for the Tenant Helpline or HPD at 212-863-6300.

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Click a topic, or press the enter key on a topic, to reveal its answer.

As a New York City tenant, you have a right to:

Fair and Equal Access to Housing

A safe and accessible home regardless of:

age

color

criminal record

disability

gender

gender identity

height & weight

immigration status

lawful occupation

lawful source of income (this includes rent subsidies such as Section 8)

marital or partnership status

military service

national origin

pregnancy

presence of children

race

religion/creed

sexual orientation

status as a victim of domestic violence, sexual violence or stalking.

For more information on fair housing, please visit the following additional resources

CCHR Fair Housing NYC

DHCR Fair Housing Information

Housing Quality

A clean and well-maintained home clear of mold, leaks, and garbage, including public areas.

Reliable provision of essential services.

A safe environment with smoke and carbon monoxide detectors, adequate lighting in all common areas, and locks that work.

For more information on housing quality requirements, please visit the following additional resources

HPD Heat and Hot Water Information

HPD Smoke and Carbon Monoxide Detectors

HPD Indoor Allergen Hazards

311 Water Leaks

311 Residential Trash Rules

NYC Housing Maintenance Code

Leases & Security Deposits

An agreed upon lease, that must give you at least 30 days’ renewal notice from your landlord. Landlords are not allowed to charge you more than $20 for an apartment application.

A security deposit that does not exceed one month’s rent. The landlord must be able to return it within 14 days of your leaving the unit.

For more information on leases and security deposits, please visit the following additional resources

NY State Attorney General Residential Tenants' Rights Guide

Evictions & Illegal Lockouts

Stay in your home unless your landlord has taken you to court and obtained a judgment of possession and warrant of eviction. Landlords cannot remove your belongings from your home, cut off utilities, or otherwise harass you to force you to leave your home.

Have access to your home and not be denied entry. Your landlord cannot change the locks without giving you a key. They also cannot remove the door, or otherwise keep you from getting into your home.

For more information on evictions and illegal lockouts, please visit the following additional resources

Mayor's Public Engagement Unit Illegal Lockouts Information

Tenant Protection Cabinet Unlawful Evictions or Lockouts

Landlord Harassment & Tenant Organizing

A peaceful environment, free from landlord harassment.

Organize a Tenant Association in your building.

Take action if your rights are violated. This includes filing complaints with 311 without fear of retribution. It may also include suing your landlord in Housing Court to get repairs and stop harassment.

For more information on landlord harassment and tenant organizing, please visit the following additional resources.

HPD Tenant Harassment Information

NY State Attorney General Tenant Harassment Information

NY State Attorney General Information for Tenants

If you live in a rent stabilized unit, in addition to the rights above, you have the right to:

Limited rent increases, determined each year by the Rent Guidelines Board.

A lease renewal of one or two years (same terms and conditions as original).

To file a rent reduction order with NYS DHCR if your landlord is not giving you required services (heat, water, cooking gas, security, repairs, etc.)

Succession rights for family members and non-traditional family members living in the unit.

Freeze rent if you are a senior or a person with disabilities (through the City’s SCRIE and DRIE programs).

For more information on rent stabilization, please visit the following additional resources

Rent Stabilization FAQ – Rent Guidelines Board (cityofnewyork.us)

Mayor’s Public Engagement Unit Rent Stabilization Information

DHCR Information for Tenants

If you live in a building covered by Good Cause legislation:

Your landlord cannot evict you without showing “good cause” in court.

You can challenge an unreasonable rent increase in court if sued for nonpayment of rent. The definition of an unreasonable rent increase changes each year. It is the lower of 10% or the inflation rate plus 5%.

For more information on Good Cause Eviction, please visit the following additional resources

HPD Good Cause Eviction FAQ