NYC Renters GuideTenant Rights

NYC Tenant Rights Guide

Know your rights as a New York City renter—and what to do when they're violated.

15 min readUpdated Dec 2024

New York City has some of the strongest tenant protections in the country. Whether you're dealing with a negligent landlord, facing an illegal eviction, or just want to know your rights before signing a lease, this guide covers everything you need to know.

Emergency Contacts

311
Housing complaints (heat, pests, repairs)
(718) 739-6400
DHCR (rent stabilization issues)
(212) 962-4795
Met Council on Housing (free tenant help)
911
Emergency (illegal lockout in progress)

Your Right to Repairs

Under the NYC Housing Maintenance Code, landlords are legally required to maintain the building in a "safe and livable" condition. This is known as the Warranty of Habitability.

Your landlord must provide and maintain:

  • Heat — October 1 through May 31 (68°F during day when outside temp is below 55°F, 62°F at night)
  • Hot water — Year-round, at minimum 120°F
  • Running water — Clean, potable water
  • Working plumbing — Toilets, sinks, drains
  • Electricity — To common areas and wiring in apartments
  • Pest-free conditions — Landlord must address rodent and insect infestations
  • Smoke and carbon monoxide detectors
  • Working locks — On all entry doors and windows (ground floor)
  • No lead paint hazards — In buildings built before 1960 with children under 6

Check a Building's Violation History

Before renting, see how many HPD violations a building has. Repeated violations indicate a negligent landlord.

How to Get Repairs Done

  1. Notify your landlord in writing — Email or letter. Keep copies of everything.
  2. Give reasonable time to respond — A few days for minor issues, 24 hours for emergencies (no heat/hot water in winter).
  3. Call 311 to file a complaint — This triggers an HPD inspection. Violations force the landlord to act.
  4. Document everything — Photos, videos, written records of communication.

When you file a 311 complaint, it shows up on StreetSmart's Live Pulse 311 feed for that building—real-time data that future tenants can see when researching the address.

Heat & Hot Water Laws

No heat in winter is one of the most common complaints in NYC. Here's exactly what you're entitled to:

NYC Heat Requirements (Oct 1 - May 31)

Daytime (6am - 10pm)When outside temp is below 55°F
68°F
Nighttime (10pm - 6am)Regardless of outside temp
62°F
Hot water365 days per year
120°F

No heat or hot water? Call 311 immediately. HPD treats heat complaints as emergencies during winter. Landlords face significant fines for violations.

Read our complete guide to heat & hot water laws →

Your Right to a Pest-Free Home

Under NYC law, landlords are responsible for eradicating infestations of:

  • Bedbugs — Landlord must hire a licensed exterminator
  • Roaches — Must treat and seal entry points
  • Rats and mice — Must exterminate and address building-wide issues

You cannot be charged for bedbug extermination regardless of how the infestation started. This is NYC law. If your landlord refuses to act, file a 311 complaint.

Check Pest History Before Renting

HPD violations reveal buildings with chronic pest problems. See which buildings have the worst infestations:

Eviction Protections

In NYC, landlords cannot evict you without going through Housing Court. Self-help evictions (changing locks, removing your belongings, shutting off utilities) are illegal.

If Your Landlord Illegally Locks You Out

  1. 1. Call 911 — Illegal lockout is a crime
  2. 2. File a police report
  3. 3. Go to Housing Court for an emergency order to restore access
  4. 4. Document everything — photos of changed locks, witnesses

The Eviction Process (What Landlords Must Do)

  1. Notice to cure or quit — Written notice specifying the issue
  2. Court filing — Landlord must file a case in Housing Court
  3. You get served — Official court papers delivered to you
  4. Court appearance — You have the right to appear and defend yourself
  5. Judgment — Only a judge can order eviction
  6. Marshal execution — Only a City Marshal can execute an eviction (with court order)

This process takes months, and you have multiple opportunities to fight or negotiate. Never move out just because your landlord tells you to—make them go through the legal process.

Security Deposit Rights

NYC has strict rules about security deposits:

  • Maximum deposit — One month's rent only (as of 2019)
  • Where it's kept — Must be in an interest-bearing account in a NY bank
  • Return timeline — Within 14 days of move-out
  • Itemized deductions — Landlord must provide list if keeping any amount
  • Normal wear and tear — Cannot be deducted
Read our complete security deposit guide →

Protection from Harassment

Tenant harassment is illegal in NYC. Harassment includes:

  • Repeated threats to evict without legal basis
  • Interrupting essential services (heat, water, electricity)
  • Repeated frivolous court cases
  • Removing or damaging your property
  • Excessive construction designed to force you out
  • Refusing to renew a rent-stabilized lease
  • Offering buyouts repeatedly after you've declined

If you're being harassed, document everything and contact 311 or the Tenant Harassment Prevention Task Force.

Research Your Landlord

One of the best ways to protect yourself is to research the landlord before signing a lease. A landlord with a history of violations, complaints, and legal issues will likely give you problems too.

Check Landlord Ratings

See how a landlord's entire portfolio of buildings is rated. Slumlords often have violations across all their properties.

How to File Complaints

Where to File Complaints

311 (Housing Complaints)

Heat, hot water, pests, repairs, general maintenance. Triggers HPD inspection.

DHCR (Rent Stabilization)

Rent overcharges, illegal rent increases, lease renewal issues. Call (718) 739-6400.

Housing Court

HP Actions (to force repairs), illegal lockouts, breach of warranty. No lawyer required.

Attorney General (Harassment)

Tenant harassment, fraud, discrimination. File at ag.ny.gov.

Free Legal Help

NYC offers free legal representation to tenants in Housing Court eviction cases through the Right to Counsel program. You may also get free help from:

  • Met Council on Housing — (212) 962-4795 — Hotline, counseling, organizing
  • Housing Court Help Centers — Free assistance at each borough's Housing Court
  • Legal Aid Society — Free representation for low-income tenants
  • Legal Services NYC — Free legal help by borough
  • CAMBA Legal Services — Brooklyn-focused tenant help

Before You Sign a Lease

The best protection is prevention. Before signing any lease:

Research Any NYC Building

See violation history, landlord ratings, and building scores before you rent.