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.
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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
Throughout this guide, each clause is sorted into one of three verdicts — the same labels you’ll see on any Lease Snipe report:
Security Deposit Over One Month Rent
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.
Waiver of Right to Jury Trial
In New York, clauses waiving a tenant's right to a jury trial in eviction proceedings are void and unenforceable under state law.
Exemption from Landlord Liability for Negligence
New York General Obligations Law voids any lease provision that exempts landlords from liability for injuries caused by their own negligence.
Waiver of Warranty of Habitability
Every residential lease in New York includes an implied warranty of habitability. Any clause attempting to waive this warranty is void.
Prohibition of Roommates
New York's Roommate Law allows tenants to have at least one additional occupant. Blanket prohibitions on roommates may be unenforceable.
Late Fees Over $50 or 5%
For rent-stabilized units, late fees are capped. Even in market-rate units, excessive late fees may be challenged as penalty clauses.
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
- Document the clause: Take photos and keep copies of your lease.
- Research the specific law: Verify using official NY State resources.
- File a complaint: Contact NY State Homes and Community Renewal (HCR) for rent-stabilized units.
- Seek legal help: Many free legal services exist for NYC tenants.
- 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
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