Landlord-Tenant

Landlord-tenant issues can affect where you live, how much rent you pay, and your rights as a renter or property owner. Whether you are dealing with a lease dispute, housing conditions, rent-stabilized housing, or an eviction matter, understanding New York City landlord-tenant law can help you protect your rights and make informed decisions. 

What is Landlord-Tenant Law?  

Landlord-tenant law is the area of the law that covers the rental of residential and commercial property. Residential property is space rented for personal living purposes. Commercial property is space that is rented for use as a business.   

What Are the Different Types of Rental Housing in New York  

There are several different types of rental housing in New York, and they each have certain rules that apply to them. Your housing may be rent-controlled or rent-stabilized. Your housing may be given to you by the government. This is called public housing. In New York, there are also various kinds of subsidized housing. Mitchell Lama Co-ops are examples of subsidized housing. If your housing is not rent-controlled, rent-stabilized, subsidized, or public housing, it is considered unregulated housing. If you own a co-op or a condominium that is not subsidized, that, too, is a form of unregulated housing. If your apartment is considered unregulated housing, it has fewer protections under local, state, and federal laws. In providing housing to you, your landlord will have to follow any rules that apply to your type of housing, and will also have to follow certain city, state, and federal laws. 

Cooperatives (also known as co-ops) and condominiums have different rules than other housing situations. A co-op is a mix of ownership and rental. In a co-op, you own shares in a corporation that owns the building, and you receive a lease to occupy your unit. An interest in a condo is more like owning real property. Your condo unit is considered a piece of real property that you own. 

Tenant Rights and Landlord Obligations Under New York Law 

In addition to the different laws that apply to your housing situation, the rights and responsibilities of you and your landlord will also be covered by your lease, if you have a lease. Your lease will usually cover issues like how much rent you pay, when it is due, and what happens if you are late paying your rent. It is important to know that some laws that protect you (for example, the right to a habitable apartment) override any terms in your lease that try to take away such rights.   

Your landlord owes you certain duties and obligations, including the duty to make sure your apartment and the common areas in your building are habitable, clean, and safe. If your landlord fails to meet these obligations, you have certain protections under the law and perhaps under your lease as well. But even if your lease doesn’t give you such rights, or even if your lease says you don’t have such rights, the law still protects you.  

You have certain rights as a tenant, including a right to privacy and a right to be free from discrimination, harassment, and retaliation by your landlord. If you are disabled, you will have additional rights so that you can enjoy your apartment and common areas to the same extent as non-disabled persons.  

You have the right to sublease your apartment with your landlord’s consent. You must make your request in writing to the landlord and provide any information that is required by law. If your landlord denies your request, it must be a reasonable denial. In most situations, you will remain responsible to your landlord under the lease for the rent due and any damages caused by your subtenant.  

You have a right to have a roommate, no matter what your lease says about roommates or who can live in your apartment. 

How the New York City Housing Court Process Works 

Many landlord-tenant disputes are handled in New York City Housing Court. A case often begins when a landlord or tenant files papers with the court. For example, a landlord may start a case to collect unpaid rent or seek an eviction, while a tenant may start a case to request repairs or enforce housing rights. 

After a case is filed, both sides will receive notice of the court date. At the hearing, each side has an opportunity to explain their position, provide documents, and present evidence. In some cases, the parties may be able to reach an agreement without going through a full trial. 

If no agreement is reached, a judge may decide the case. The court can issue orders regarding rent, repairs, lease issues, or eviction proceedings. Understanding the process and preparing for court can help you better protect your interests. 

What to Do If You’re Facing Eviction in NYC 

If you are facing eviction, take action as soon as possible. Read all court papers carefully and pay close attention to any deadlines or court dates. Ignoring notices will not make the case go away and may affect your rights. 

Keep copies of important documents, including your lease, rent receipts, emails, text messages, and notices from your landlord. These records may help support your position if a dispute arises. 

Consider speaking with a landlord-tenant lawyer right away. A lawyer can explain your options, help you understand the housing court process, and identify any legal defenses that may apply to your situation. 

How a Landlord-Tenant Attorney Can Help  

A landlord-tenant lawyer can help tenants and landlords understand their rights and responsibilities under New York law. They can review leases, explain legal requirements, and provide guidance on issues involving rent, repairs, security deposits, roommates, subleases, and housing conditions. 

If a dispute develops, a lawyer can help negotiate a resolution and communicate with the other party. In many situations, legal guidance can help prevent misunderstandings from becoming larger problems. A lawyer can also represent you in Housing Court and help you prepare documents, gather evidence, and present your case. 

Contact a New York City Landlord-Tenant Attorney Today 

Fill out the Request a Lawyer Referral Form (Request Form) to have our referral counselors review your submission and help determine if you will benefit from working with a participating New York City Bar Legal Referral Service (LRS) lawyer or other resource.   

Legal Editor: Darryl M. Vernon, December 2014 (updated August 2026)