Your NYC renter rights in 2026

If you rent an apartment in New York City, the law gives you far more protection than most tenants realize. Over the last few years, Albany and City Hall have passed a wave of rules that cap what a landlord or broker can charge, limit how you can be screened, and make it harder to be pushed out of your home. The problem is simple: nobody hands you a summary when you sign a lease. This guide walks through your core NYC renter rights in 2026 in plain English, with the actual dollar limits and the official agencies that enforce them. Bookmark it before your next apartment search.

Knowing these rules is not just about winning arguments. When you know the caps, you spot an illegal fee before you pay it, you push back with confidence, and you keep money that is legally yours. Renters who bring documentation to the table also move faster, which matters in a market this competitive. If you want a head start, CertRent gives renters a free verified renter profile you can share with any landlord.

The money rules at a glance

Let's start with the numbers, because these are the rights landlords break most often. Each of these caps is backed by state or city law. Keep this table handy when you apply for or move into an apartment.

The $20 application-fee cap and the free-report waiver (RPL 238-a)

Under New York Real Property Law section 238-a, a landlord cannot charge you more than $20 for an application fee, and that $20 has to cover both the background check and the credit check combined. The days of $75 or $100 "processing fees" are over.

Here is the part almost nobody uses: the law also says the landlord must waive the fee entirely if you provide a copy of your own background check or credit report that was completed within the past 30 days. So if you walk in with a recent report in hand, you pay nothing. The landlord also has to give you a copy of any report they run and an itemized receipt for the fee.

This is exactly the gap CertRent was built to close. If you carry a recent verified report that qualifies for the fee waiver, you can skip the fee at every apartment you apply to instead of paying $20 over and over. Read more about how the waiver works and what documents count on our renters page.

The FARE Act: broker fees come off tenants (June 2025)

For decades, New York was one of the only cities where a renter could be forced to pay a broker's fee — often 12% to 15% of the annual rent — for a broker they never hired. The Fairness in Apartment Rental Expenses (FARE) Act changed that. As of June 2025, the party who hires the broker is the party who pays. In practice, that means if a landlord lists an apartment through a broker, the landlord pays that broker's fee, not you.

The law also requires that any fee a tenant could owe be disclosed in writing and listed in the rental advertisement, so there are no surprise charges at lease signing. You can still choose to hire your own broker to search on your behalf and agree to pay them — that is your call. What a landlord's broker can no longer do is quietly pass their commission to you. If a listing tries to tack on a broker fee for the landlord's agent, that is now illegal, and you can report it to the NYC Department of Consumer and Worker Protection.

The tenant-blacklist ban (RPL 227-f)

Many renters are afraid to take a landlord to housing court over repairs or an illegal charge because they worry it will haunt future applications. That fear used to be justified: tenant-screening companies sold "housing court" data that landlords used to reject anyone who had ever been in a case, even a case they won.

Real Property Law section 227-f makes it illegal for a landlord to refuse to rent to you — or to take any retaliatory action — simply because you were once a party to a housing court proceeding. A landlord who does this can face a penalty. The law presumes retaliation if the action comes shortly after you assert your rights. You are allowed to defend your home in court without it becoming a scarlet letter.

Fair Chance for Housing: limits on criminal-history screening

New York City's Fair Chance for Housing Act restricts how and when a landlord can look at your criminal record. In most cases, a landlord may not ask about or run a criminal background check until after making a conditional offer of the apartment. Certain older or sealed records cannot be considered at all.

If a landlord does pull a record after the conditional offer and wants to reject you because of it, they have to follow a specific process: identify the exact conviction, explain how it directly relates to the safety of the property or other tenants, and give you a chance to respond with context — such as evidence of rehabilitation or the time that has passed. A blanket "no records" policy is not allowed. The NYC Commission on Human Rights enforces this law and takes complaints from renters.

Source-of-income and voucher protection

It is illegal in New York City for a landlord, broker, or management company to refuse you because of your lawful source of income. That includes housing vouchers such as CityFHEPS and Section 8, Social Security, disability benefits, unemployment, child support, and other public assistance. Phrases like "no programs," "no vouchers," or "no CityFHEPS" in a listing are themselves violations.

A landlord also cannot quietly steer you to worse units, quote you a higher rent, or drag out the process because you plan to pay with a voucher. If you experience this, you can file with the NYC Commission on Human Rights, which has brought many enforcement actions on exactly this issue. Save the listing, screenshots, texts, and emails — that paper trail is your evidence.

The security deposit cap and 14-day return

Statewide law caps your security deposit at one month's rent. A landlord cannot demand "first, last, and security," and cannot ask for two months up front as a deposit. If you are asked for more than one month, that request is illegal.

When you move out, the landlord has 14 days to return your deposit. If they keep any of it, they must give you an itemized statement listing each deduction — and miss the 14-day deadline, and they generally forfeit the right to keep any of it. You also have the right to request a walk-through inspection before you move out so you can fix small issues yourself and avoid deductions. Normal wear and tear is not chargeable; a landlord can only deduct for actual damage beyond ordinary use, unpaid rent, or agreed charges.

The late-fee cap

If your rent is late, the most a landlord can charge you as a late fee is the lesser of $50 or 5% of your monthly rent. So if your rent is $2,000, 5% would be $100 — but the $50 cap wins, so the most you can be charged is $50. The fee also cannot kick in until your rent is at least five days late. Anything above that, or a fee stacked every week, is not enforceable, no matter what the lease says.

Good Cause Eviction basics (and its exemptions)

New York's Good Cause Eviction law, first passed statewide in 2024 and in effect in New York City, gives many market-rate tenants two big protections: the right to a lease renewal unless the landlord has a legally recognized "good cause" to refuse, and protection against rent increases that are unreasonably high. Under the law, a rent increase above a set threshold — tied to inflation, with a cap that is often described as around 10% — is presumed unreasonable and can be challenged.

Good cause reasons a landlord can use include nonpayment of legally owed rent, violating a lease term, or the owner wanting the unit for personal use in specific situations. What a landlord generally cannot do is refuse to renew or push you out for no stated reason.

The important honesty here: Good Cause Eviction has real exemptions. It does not cover every apartment. Common carve-outs include owner-occupied buildings with a small number of units, units already covered by rent stabilization (which have their own, often stronger, protections), certain newer construction, and apartments above a luxury rent threshold. Whether you are covered depends on your specific building and rent. If you are unsure, check with a tenant organization or the state's housing agency before relying on it. You can look up more about your building's status through tools like who owns my building.

Heat, hot water, and calling 311

Heat and hot water are not amenities — they are legal requirements. During heat season, October 1 through May 31, your landlord must keep the apartment at least 68°F when the outdoor temperature is below 55°F during the day (6 a.m. to 10 p.m.), and at least 62°F overnight. Hot water at 120°F must be available year-round, 24 hours a day.

If your landlord fails to provide heat or hot water, call 311 or file online with the NYC Department of Housing Preservation and Development (HPD). Log every date and time you were cold or without hot water, because the city can inspect and issue violations, and your record helps. HPD complaints are free, and you do not need to give up your name to the landlord to file.

What to do when a right is violated

1. Document everything. Save the listing, the lease, receipts, texts, and photos. Note dates and dollar amounts.
2. Put it in writing. A short, polite email citing the specific rule (for example, "the deposit cap is one month under state law") often fixes the problem on its own.
3. File with the right agency. Use the official sources below — HPD for conditions, the Commission on Human Rights for discrimination, the Attorney General for fees and scams.
4. Get free help. New York has tenant hotlines and legal-aid groups that will advise you at no cost.

Coming to any apartment prepared also cuts down on disputes before they start. A clean, verified profile and a signed, NY-compliant lease protect both sides — you can find free NY lease forms and templates in our resource library.

Frequently asked questions

Can a landlord really charge me only $20 to apply?

Yes. Under RPL 238-a, the total application fee is capped at $20 to cover the background and credit check together, and it must be waived entirely if you provide your own report from the last 30 days. Anything above $20 — "processing fees," "admin fees," and the like — is not allowed.

Do I have to pay a broker fee to rent an apartment in NYC?

Not for the landlord's broker. Since the FARE Act took effect in June 2025, whoever hires the broker pays the broker. If the landlord listed the unit through an agent, that fee is the landlord's responsibility, not yours. You only owe a fee to a broker you personally hired and agreed to pay.

Am I protected if I use a housing voucher like CityFHEPS or Section 8?

Yes. Refusing a tenant because of a lawful source of income, including vouchers, is illegal in New York City. Listings that say "no vouchers" or "no programs" are violations, and you can report them to the NYC Commission on Human Rights.

Does Good Cause Eviction protect every renter?

No, and this is important. Good Cause covers many market-rate tenants but has exemptions — small owner-occupied buildings, some new construction, high-rent luxury units, and units already under rent stabilization, which have separate rules. Confirm your building's status before relying on the law.

My landlord shut off the heat. What do I do right now?

Call 311 or file a complaint with HPD online, and write down every date and temperature. During heat season the minimum is 68°F by day when it is below 55°F outside, and 62°F overnight; hot water must be 120°F year-round. The city can inspect and issue violations.

Can a landlord reject me for a past housing court case?

No. RPL 227-f bans "tenant blacklisting" — a landlord cannot deny you housing just because you were once a party to a housing court proceeding. You have the right to use the courts without it being held against your next application.

Official sources

• NYC Department of Housing Preservation and Development (HPD) — files heat, hot-water, and repair complaints and inspects buildings.
• NYC Commission on Human Rights (CCHR) — enforces source-of-income, voucher, and Fair Chance for Housing protections.
• NYC Department of Consumer and Worker Protection (DCWP) — handles FARE Act broker-fee complaints.
• New York State Attorney General — resources on tenant rights, deposits, and application fees.
• NYS Homes and Community Renewal (HCR) — Good Cause Eviction and rent-regulation guidance.
• NYC 311 — the fastest way to report no heat or hot water.

This guide is educational information, not legal advice. Facts current as of July 2026; laws change — verify with the official sources above.