A residential lease agreement in New York City is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
New York City currently has several mandatory notices and disclosures that landlords must provide to tenants. These disclosures are either in addition to or modify requirements for New York state’s lease agreement requirements .
All New York City landlords must disclose a one-year history of all bed bug infestations for both the unit and the building. Properties with bed bugs cannot be rented, and landlords must resolve infestations immediately.
Landlords in New York City must annually notify tenants of the landlord’s obligation to provide stove knob covers , or permanent stove safety knobs with an integrated locking mechanism. This applies to all multi-family units in New York City. [1]
Landlords in New York City are required to provide window guards in properties with children under 10 years old—with the exception of first-floor windows and windows with fire escapes. They must also provide an annual notice stating their responsibility to install and maintain working window guards. [2]
New York City landlords are required to install working smoke and carbon monoxide detectors in all rental units. Landlords must provide tenants with an annual notice of smoke and carbon monoxide detector requirements.
Landlords must provide tenants with a written notice explaining the appropriate safety measures to take if they suspect there is a gas leak in their rental property.
New York has a good-cause eviction law which limits eviction options and in particular restricts lease non-renewal to a specific set of reasons. Landlords must also present a long and specific notice about the law’s applicability, when executing or renewing a lease. [6]
New York City requires landlords to provide tenants in rent-stabilized units with a copy of the signed lease agreement. This should be delivered within 30 days of the start of the lease agreement.
New York City tenants may be entitled to temporary relocation assistance if their unit is under construction due to the city’s Build It Back program—a federally-funded program assisting landlords, tenants, and homeowners with building rehabilitation. The unit must be the renter’s primary residence and they must be displaced for longer than 30 days in order to receive benefits.
Rent-regulated buildings in New York City have specific guidelines that determine if they are rent-controlled or rent-stabilized. In general, the following criteria determine which category they fall under:
In New York City, the rent control system is based on the Maximum Base Rent (MBR) system . Every two years, a maximum base rent is set for each apartment in the city. Building owners in good standing may raise the rent within certain guidelines. Tenants may challenge these rent increases if the landlord has violated the lease agreement or the rent increases are not warranted.
Rent increase laws in New York City depend on a building’s rent regulation status. For non-regulated buildings, rent increases are at the landlord’s discretion. However, landlords must notify tenants if they plan to increase the rent by more than 5% or will not be offering a lease renewal. The required notice depends on how long the tenant has lived in the unit:
For rent-stabilized apartments, rent increases are determined by the city. For leases beginning after October 1st, 2023, the Rent Guidelines Board approved a 3% increase for one-year leases. Two-year leases will increase by 2.75% in the first year and 3.2% in the second year. Landlords must also offer a lease renewal at least 90 days in advance. Then, tenants will have 60 days to accept or decline.
New York City’s Rent Freeze Program allows senior citizens and tenants with disabilities to freeze their rent and remain in affordable housing. This program uses property tax credit to cover the difference between the actual rent and what the tenant owes. Eligibility requirements are as follows:
If a tenant applies and is eligible for this program, the landlord must honor it and cannot prevent tenants from receiving benefits. It is also important to note that certain low-income housing and market-rate apartments are not eligible for this program.
Under New York City law, landlords must provide heat from October 1st through May 31st. If the outside temperature is consistently below 55 degrees Fahrenheit, there are specific guidelines for indoor temperatures: [3]
Self-closing doors are required in New York City, and landlords must ensure all doors in their rental property are self-closing, and make any appropriate repairs. [4]
New York City law has several categories of housing violations that range from immediately hazardous to non-hazardous. Below is a breakdown of these violations:
Class C violations have different timelines depending on the issue. For example, heat and hot water violations must be resolved immediately, while mold or roach infestations must be resolved within 21 days.
Under local law, landlords who enter into a buyout agreement with their tenants must inform Housing Preservation and Development (HPD) about the terms of the agreement. Landlords must provide the following information within 90 days of the execution of this agreement: [5]
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
With New York City’s high rodent population, landlords may want to include a pest control addendum . This should highlight tenants’ responsibilities related to pest prevention—including reporting any signs of pests to management as soon as possible.
This pest control addendum does not apply to bed bugs—as landlords are required by the city to provide information on bed bug prevention.
Due to New York City’s high crime rate , it would be in the landlord’s best interest to include a disclosure stating that engaging in criminal activity, including drug-related activity, is prohibited on or near the property.
Since New York is listed as the 4th highest state for asbestos-related deaths , landlords should include an addendum stating if asbestos is present on the property. If asbestos is present, tenants should take precautions to minimize the chance of disturbing the asbestos fibers.
Such owner shall provide an annual notice to each tenant of a unit regarding the owner’s obligation to provide permanent stove safety knobs with integrated locking mechanisms or stove knob covers pursuant to subdivision of this section.
Said notice shall be separately signed and dated by the tenant who signed the lease indicating clearly whether a child ten years of age or under is, or will be, residing in the leased premises.
During the period from October first through May thirty-first, centrally-supplied heat , in any dwelling in which such heat is required to be provided, shall be furnished so as to maintain, in every portion of such dwelling used or occupied for living purposes…
It shall be the duty of the owner of a multiple dwelling, which is required to be equipped with self-closing doors pursuant to section 28-315.10 , or any other applicable law, to keep and maintain such doors in good repair.
Within 90 days after the execution of a buyout agreement for a dwelling unit, the owner of such unit must electronically provide the following to the department in a manner prescribed by the commissioner of the department:
A landlord as defined in subdivision two of section two hundred eleven of this chapter shall append to or incorporate into any initial lease, renewal lease, notice required pursuant to paragraph (a) of subdivision one of section two hundred twenty-six-c of this article, notice required pursuant to subdivision two of section seven hundred eleven of the real property actions and proceedings law, or petition pursuant to section seven hundred forty one of the real property actions and proceedings law, the following notice: [notice omitted here for reasons of length, but available at the primary source link provided.]
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