For property owners in New York, navigating tenant protections isn’t just about following rules – it’s an ongoing commitment that demands constant attention. A firm grasp of the latest Landlord/Tenant laws is essential for both parties, to ensure all laws and regulations are being followed.
The foundation of housing regulations in New York States remains the Housing Stability and Tenant Protection Act (HSTPA) of 2019. This set of legislation fundamentally reshaped the landlord-tenant relationship, and its effects continue to affect housing markets statewide, particularly in areas like rent increases, security deposits, and the eviction process. However, the introduction of the “Good Cause Eviction” laws in 2024, and additional 2025 legislation has added in a few additional wrinkles that both landlords and tenants should be aware of – and that’s what we’ll go over below.
Critical Compliance Points for 2025
1. The “Good Cause Eviction” Framework: One of the most talked-about recent developments is the “Good Cause Eviction Law, or GCEL, which has been phased in cities across New York States – starting with New York City. This 2024 law offers a new layer of protection for many market-rate tenants who were previously not covered by rent stabilization.
- What It Means: A landlord can no longer refuse to renew a lease without a “good cause” reason. These reasons are specific and legally defined, such as non-payment of rent, a tenant causing a nuisance, the tenant’s refusal to allow access for necessary repairs, and more. You can find a full list, and cities that are affected at New York State Attorney General Website.
- The Unreasonable Rent Increase: The law also introduced a “local rent standard” that links rent increases to inflation. As of early 2025, with inflation around 3.79%, the standard for an unreasonable increase is 8.79% (5% plus the rate of inflation, or 10%, whichever is lower). This means that a rent increase above this threshold can be challenged by a tenant if an eviction for non-payment is pursued. This is a vital calculation for landlords of non-regulated units to get right.
2. Rent Stabilization Guidelines: For landlords with rent-stabilized apartments, adhering to the New York City Rent Guidelines Board (RGB) is non-negotiable. The RGB’s Order 57, which covers leases beginning between October 1, 2025, and September 30, 2026, has been passed, setting new percentages for one- and two-year leases. Failing to comply can lead to serious rent overcharge claims.
- Expanding Upstate: It’s also worth noting the trend of rent stabilization spreading upstate. After a state court ruling, cities like Kingston and Poughkeepsie have adopted the Emergency Tenant Protection Act (ETPA). This means that all landlords, not just those in New York City, must stay informed about local ordinances. The upstate localities that have so far opted into Good Cause Eviction Law are Albany, Beacon, Fishkill, Hudson, Ithaca, Kingston, Newburgh, New Paltz, Poughkeepsie, and Rochester.
3. Eviction Procedures and Notice Periods: The passing of the HSTPA also lengthened notice periods, and made the eviction process more formal. Regardless of whether or not the rental property is within a municipality that has adopted the Good Cause Eviction Law (GCEL), all landlords must provide both a Notice of Delinquency on late rent and a 14-day written notice for non-payment of rent before going to court. Please note, rent is not late until at least the 5th day of each month, unless the lease extends past 5 days. For non-renewal notices in non-regulated apartments, the notice period is determined by the length of the tenancy (30, 60, or 90 days if the tenant has resided at the property for (1) less than one year, at least one year but less than two years, or over two years, respectively). Get these details wrong, and your case could be dismissed.
4. Financial Protections for Tenants: Laws related to security deposits and fees continue to be a focus in New York State. The law caps security deposits at one month’s rent and requires that it be returned within 14 days of the tenant vacating. If the tenant is not provided with either their security deposit or an itemized list of the repairs/costs the security deposit was used towards, the landlord forfeits their right to the security deposit, even if there are legitimate needs to use the funds post-occupancy. Application fees are also capped at just $20. A new law in 2025 also limits what a landlord can charge for a bounced check, prohibiting any fee that exceeds what the landlord’s bank actually charged them. This prevents landlords from turning a bank fee into a profit center. Also, landlords can now no longer require last month’s rent as part of the initial deposit when a tenant moves into the property.
Differences For Rental Properties In Areas That Haven’t Adopted the Good Cause Eviction Law
1. Eviction Action Notices: Although Landlords outside of GCEL localities can elect to not renew any tenant, the 14 day notice for unpaid rent and the 30, 60, 90 day notice for nonrenewal as outlined above is still the required minimum notices a tenant must be provided before a petition for an eviction action may be filed in the appropriate Court.
2. Rent Increase: Rental Properties outside of GCEL are able to raise rent on tenants in a month-to-month tenancy at their discretion, but if the increase is 5% or more, the tenant must be provided notice of the increase under the same 30, 60, 90 day structure as a notice of non-renewal as outlined above.
3. Good Cause Notice: Tenants outside of GCEL are still legally owed the “NOTICE TO TENANT OF APPLICABILITY OR INAPPLICABILITY OF THE NEW YORK STATE GOOD CAUSE EVICTION LAW” per RPL 231-c. All Leases, Lease Renewals, Rent Increases, and Eviction notices must include this document. If GCEL does not affect the tenant, then the Landlord ought to select “No” for question 1 and “A” for Question 2. The rest of the 6 pages should be left blank besides the signature, but the entire document should be included.
Tiveron Law Is Here To Help
The world of landlord-tenant law in New York State is intricate and constantly changing. Making a mistake can be an expensive lesson, which is why working with an experienced legal team is essential to ensure your lease agreements are solid, your eviction processes are legal, and your properties are managed in a way that protects both you and your tenants. Tiveron Law is has decades of experience in Tenant/Landlord law across Buffalo and Western New York and is always prepared to help you or your real estate business.
Frequently Asked Questions (FAQ)
Q: What exactly is “Good Cause Eviction”?
A: It’s a New York State law that protects many market-rate tenants by requiring landlords to have a valid, legally defined reason to evict them or not renew their lease. It also allows tenants to challenge rent increases they consider unreasonable in court.
Q: Can landlords still raise the rent on a non-regulated apartment?
A: Yes, Rental Properties outside of areas with the GCEL are able to raise rent on tenants in a month-to-month tenancy at their discretion, but if the increase is 5% or more, the tenant must be provided notice of the increase under the same 30, 60, 90-day structure as a notice of non-renewal as outlined above.
Q: What is the new rule for bounced rent checks in 2025?
A: As of 2025, landlords are prohibited from charging a tenant a fee for a dishonored check that is higher than the actual cost your bank charged you. This new rule aims to prevent property owners from profiting off of a tenant’s bounced check.
Q: What is the maximum security deposit a landlord can collect in New York?
A: The legal limit is one month’s rent. You must also return the deposit to the tenant within 14 days of them moving out, as long as there are no valid deductions for damages.
Q: If a tenant is violating their lease, how can a landlord handle it legally?
A: The first step is typically to provide the tenant with a formal, written notice to fix the violation. Because New York’s eviction process is so procedural, it’s highly advisable to consult with an attorney to ensure you’re following every step correctly, which can help you avoid having your case thrown out of court.