New York Prohibited Lease Clauses
8 restricted clause typesOur New York law database tracks 8 lease clause types that state law prohibits or restricts (6 illegal, 2 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.
Educational information: generated from our New York law database (last updated 2024-01-01). Not legal advice.
Clause types restricted by New York law
Waiver of implied warranty of habitability
Likely IllegalLegal basis: New York Real Property Law Section 235-b
Waiver of right to jury trial
Often UnenforceableLegal basis: New York CPLR Section 4101
Confession of judgment clause
Likely IllegalLegal basis: New York Real Property Law Section 231
Excessive late fees (>5% typically unenforceable)
Often UnenforceableLegal basis: New York General Obligations Law Section 5-501
Security deposit exceeding one month rent
Likely IllegalLegal basis: New York General Obligations Law Section 7-108
Waiver of landlord repair obligations
Likely IllegalLegal basis: New York Multiple Dwelling Law Section 78
Waiver of protection against retaliation
Likely IllegalLegal basis: New York Real Property Law Section 223-b
Application fee exceeding $20
Likely IllegalLegal basis: New York Real Property Law Section 238-a
Frequently asked questions
- What lease clauses are illegal in New York?
- New York law restricts 8 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of right to jury trial; confession of judgment clause.
- Is a lease still valid if it contains an illegal clause in New York?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of implied warranty of habitability" in New York?
- New York Real Property Law Section 235-b.
Check Your Lease Against New York Law
Not sure whether your lease complies with New York law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More New York lease law guides
- New York rental lease laws — overview
- New York security deposit limit
- New York deposit return deadline
- New York deposit interest rules
- New York landlord entry notice
- New York late fee laws
- New York rent grace period
- New York required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in New York for your specific situation.