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Illegal Lease Clauses in New York: Your Rights as a Tenant

New York has some of the most comprehensive tenant protections in the country, especially after the 2019 Housing Stability and Tenant Protection Act. Know your rights.

January 10, 20259 min read
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Educational Information: This article provides general educational information about New York rental laws. It is not legal advice. For specific legal questions, consult a licensed attorney in New York.

The 2019 Tenant Protection Revolution

The Housing Stability and Tenant Protection Act of 2019 (HSTPA) dramatically strengthened tenant rights in New York. This landmark legislation capped security deposits, limited application fees, and provided new protections for rent-stabilized tenants.

Whether you rent in Manhattan, Brooklyn, Buffalo, or anywhere in New York State, these protections apply to you. Understanding them helps you identify when a landlord is including illegal provisions in your lease.

Illegal and Unenforceable Lease Clauses

Security Deposit Over One Month Rent

Likely Illegal

As of 2019, New York limits security deposits to one month's rent for most residential rentals. Any clause requiring more violates the Housing Stability and Tenant Protection Act.

Reference: NY Real Property Law 7-108

Waiver of Right to Jury Trial

Likely Illegal

In New York, clauses waiving a tenant's right to a jury trial in eviction proceedings are void and unenforceable under state law.

Reference: NY Real Property Law 259-c

Exemption from Landlord Liability for Negligence

Likely Illegal

New York General Obligations Law voids any lease provision that exempts landlords from liability for injuries caused by their own negligence.

Reference: NY General Obligations Law 5-321

Waiver of Warranty of Habitability

Likely Illegal

Every residential lease in New York includes an implied warranty of habitability. Any clause attempting to waive this warranty is void.

Reference: NY Real Property Law 235-b

Prohibition of Roommates

Often Unenforceable

New York's Roommate Law allows tenants to have at least one additional occupant. Blanket prohibitions on roommates may be unenforceable.

Reference: NY Real Property Law 235-f

Late Fees Over $50 or 5%

Questionable

For rent-stabilized units, late fees are capped. Even in market-rate units, excessive late fees may be challenged as penalty clauses.

Reference: HSTPA 2019

Key Takeaways for New York Renters

  • Security deposits limited to one month's rent (since 2019)
  • Landlords must return deposits within 14 days of move-out
  • Warranty of habitability cannot be waived
  • Tenants have the right to at least one roommate
  • Rent-stabilized tenants have additional protections

Rent-Stabilized vs. Market-Rate: Know the Difference

Rent-Stabilized Units

If you live in a rent-stabilized apartment (common in NYC buildings built before 1974 with 6+ units), you have additional protections:

  • Annual rent increase limits set by the Rent Guidelines Board
  • Right to lease renewal
  • Protection from arbitrary eviction
  • Right to succession for family members
  • Limits on late fees and other charges

Application Fee Limits

Under HSTPA, landlords in New York can only charge up to $20 for application and credit check fees combined. Any clause requiring more violates state law. This applies statewide, not just in New York City.

What to Do If You Find Illegal Clauses

  1. Document the clause: Take photos and keep copies of your lease.
  2. Research the specific law: Verify using official NY State resources.
  3. File a complaint: Contact NY State Homes and Community Renewal (HCR) for rent-stabilized units.
  4. Seek legal help: Many free legal services exist for NYC tenants.
  5. Remember: Illegal clauses are void even if you signed the lease.

Resources for New York Tenants

  • NY State Homes and Community Renewal (HCR)
  • NYC Housing Court Help Center
  • Met Council on Housing (NYC)
  • Legal Aid Society
  • Housing Rights Initiative
  • City Bar Justice Center

Analyze Your New York Lease

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