Landlord Rights in New York State: Compliance After the HSTPA

If you own rental property in New York, the question on your mind is probably simple: what are my rights as a landlord in New York State? The honest answer is that you still have plenty of them, but the ground shifted in 2019. That year the Housing Stability and Tenant Protection Act (commonly called the HSTPA) rewrote large parts of landlord-tenant law statewide. It capped deposits, limited the fees you can charge, lengthened the notice you must give, and expanded rent stabilization beyond New York City. Understanding those guardrails is the difference between collecting rent smoothly and ending up on the wrong side of a tenant lawsuit.

This is general information, not legal advice. New York law is unusually detailed, it varies between New York City and the rest of the state, and it changes from session to session. Before you act on any specific dispute, confirm the current rule or sit down with a local landlord-tenant attorney.

You Still Hold Real Rights

The HSTPA did not strip landlords of their core protections. You still have the right to collect the rent you agreed to, to be paid on time, and to expect tenants to treat the property reasonably. You can screen applicants, set lease terms within legal limits, and decline to renew in many situations. When a tenant truly breaches the lease or stops paying, you have the right to pursue an eviction through the courts, the formal process often called an unlawful detainer or summary proceeding. What you cannot do is take matters into your own hands, and that boundary matters more in New York than almost anywhere.

No Self-Help, Ever

One right you do not have is the right to remove a tenant yourself. Changing the locks, shutting off heat or water, removing the front door, or hauling belongings to the curb is called self-help eviction, and it is illegal in New York. The only lawful path is a court proceeding ending in a warrant of eviction executed by a sheriff or marshal. Tenants who are locked out illegally can recover damages, and the penalties are steep. If a situation tempts you toward shortcuts, that is exactly the moment to call an attorney instead.

The Deposit Cap and Fee Limits

Here is one of the clearest HSTPA changes. You may collect a security deposit of no more than one month's rent. The days of asking for first month, last month, and a security deposit on top are over for most residential tenancies. You must also return the deposit, with an itemized statement of any deductions, within a defined window after the tenant moves out, or you risk forfeiting your right to keep any of it.

The law also tightened what you can charge up front and along the way. Application fees are strictly limited, and you cannot pile on the kind of miscellaneous charges that used to be common. Late fees are capped and cannot kick in the moment rent is a day late. Treat every fee as something you must be able to justify under the statute, because a tenant who challenges an improper charge will usually win.

Longer Notice Periods

Timing changed too. If you intend to raise the rent significantly or decline to renew a lease, the HSTPA requires advance written notice that scales with how long the tenant has lived there, ranging from a relatively short period for newer tenants to several months for long-term ones. Nonpayment and lease-violation proceedings also come with their own notice and cure requirements. Missing a notice step is one of the most common reasons landlord cases get dismissed, sending you back to the start. Calendar these deadlines carefully and keep proof of what you sent and when.

Rent Stabilization Beyond NYC

Rent stabilization used to feel like a New York City concern. The HSTPA changed that by letting localities outside the city opt in to rent stabilization when they declare a housing emergency. Several communities have done so. If your building falls under stabilization, your rights to raise rent, refuse renewal, or recover an apartment for personal use are sharply limited and governed by board-set guidelines rather than the market. Whether a particular unit is stabilized depends on the building, its history, and local action, so never assume. Confirm the status of each unit before you set a rent or send a nonrenewal notice.

The Habitability Duty You Cannot Waive

Across the state you owe every tenant the implied warranty of habitability, meaning the unit must be livable, safe, and fit for its intended use. Heat, hot water, working plumbing, and freedom from serious hazards are not optional, and a lease clause trying to waive this duty is unenforceable. Closely related is the tenant's right to quiet enjoyment, the right to use the home without unreasonable interference from you. Respect entry-notice rules, make repairs promptly, and document your responses; a habitability complaint is far easier to defend when you have a paper trail.

Federal Rules Still Apply on Top

State law is only one layer. The Fair Housing Act forbids discrimination based on race, color, national origin, religion, sex, familial status, or disability, and New York adds further protected categories of its own. The Violence Against Women Act (VAWA) limits your ability to evict or penalize tenants because they are survivors of domestic violence in covered housing. The Servicemembers Civil Relief Act (SCRA) gives active-duty military tenants specific protections, including around lease termination and eviction. Screen applicants and handle terminations the same defensible way every time so a routine decision never looks like discrimination.

When to Bring in Help

You are not expected to memorize all of this. For routine rent collection and ordinary maintenance, you can usually manage on your own with good records. But when you face a contested eviction, a stabilization question, a habitability claim, or any dispute where a tenant has already contacted legal aid or a tenant lawyer, the stakes justify hiring your own attorney early. Note too that a tenant who qualifies for free legal aid will often have skilled representation, so going in unprepared puts you at a real disadvantage. New York rewards landlords who follow the process precisely, and a few hundred dollars of legal review up front is cheaper than a dismissed case or a damages award.