New York Residential Lease Review: Current Statutory Overlays

Start With the Unit, Not a Generic Form

Identify the unit's location, rent-regulatory status, subsidy or regulatory agreement, building type, intended term, occupants, and Good Cause Eviction coverage before selecting a lease form or rider. A market-rate lease is not a safe substitute for a rent-stabilized or program-specific form.

Contract Terms for Counsel to Review

Have New York landlord-tenant counsel review the parties, premises, term, rent, due date, permitted payment methods, deposit, utilities, occupancy, maintenance allocation, access, pets and accommodations, insurance, alterations, subletting, default, notices, renewal, required riders, and signatures. Have counsel also reconcile the form with building rules and any regulatory agreement.

Verified Statutory Overlays

• Real Property Law §235-b places a warranty of habitability in every written or oral residential lease. A waiver or modification of that right is void.
• General Obligations Law §5-321 makes a lease clause exempting a lessor from liability for its own negligence void and unenforceable.
• Real Property Law §238-a supplies current limits and conditions for specified residential application and late fees; a lease cannot waive the section.
• General Obligations Law §§7-103, 7-107, and 7-108 govern deposit custody and covered residential deposit procedures. Use the section that applies to the tenancy.
• Real Property Law §235-e governs written rent receipts and the notice sent when rent is not received within five days of the due date. It is not the statute for an owner or managing-agent address clause.
• Real Property Law §226-c governs specified notices of nonrenewal and renewal increases of at least five percent.

Rent-Stabilized Leases

HCR requires the current rent-stabilization rider or addenda with a vacancy and renewal lease. The tenant chooses a one- or two-year renewal term, and the current local Rent Guidelines Board order supplies the applicable guideline increase. Use HCR's current form and instructions rather than copying an old rider or percentage.

Do Not Invent Citations

Do not attach a statute number to a jury waiver, confession-of-judgment clause, service-address clause, fee, or other provision unless the cited authority actually addresses it. If counsel cannot confirm the authority, remove the citation and resolve the clause before use.

Sources

• New York State Senate, Real Property Law §235-b, fetched and read August 7, 2026.
• New York State Senate, Real Property Law §235-e, fetched and read August 7, 2026.
• New York State Senate, Real Property Law §226-c, fetched and read August 7, 2026.
• New York State Senate, Real Property Law §238-a, fetched and read August 7, 2026.
• New York State Senate, General Obligations Law §5-321, fetched and read August 7, 2026.
• New York State Senate, General Obligations Law §§7-103, 7-107, and 7-108, fetched and read August 7, 2026.
• New York Homes and Community Renewal, Leases, fetched and read August 7, 2026.

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