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New York Statewide Landlord-Tenant Law: A Current Statute Map

New York Statewide Landlord-Tenant Law: A Current Statute Map

Use the Correct Code

New York landlord operations draw from several statutes. Do not cite one code for another or assume that a statewide rule resolves a local, regulated, subsidized, or Good Cause Eviction issue.

Real Property Law

  • Real Property Law §235-b places a warranty of habitability in every written or oral residential lease. It covers fitness for human habitation, intended residential use, and dangerous, hazardous, or health-and-safety conditions; a waiver is void.
  • Real Property Law §235-f addresses occupancy by immediate family and an additional occupant under its stated conditions. It is not a rule limited to buildings with four or more units.
  • Real Property Law §226-b addresses assignment and subletting. Its statutory sublet right applies to a residence in a dwelling with four or more residential units, subject to advance written consent and the statute's procedure and exceptions.
  • For residential application-fee and late-fee limits, read Real Property Law §238-a and the dedicated fee articles.

Real Property Law §227-a is not the lockout statute. It provides qualifying lease-termination rights for certain seniors and people with disabilities moving to a family member's residence or specified facilities.

Real Property Actions and Proceedings Law

RPAPL Article 7 contains New York's summary-proceeding framework. RPAPL §711 states that a tenant or lawful occupant of a dwelling may not be removed except through a special proceeding and identifies grounds when a landlord-tenant relationship exists.

RPAPL §768 addresses unlawful eviction. Do not change locks, interrupt essential services, remove possessions, use force, or use another self-help measure to remove a qualifying occupant without lawful process. Obtain landlord-tenant counsel before serving a predicate notice or commencing a proceeding.

General Obligations Law

General Obligations Law Article 7 governs custody and handling of residential deposits. Check Sections 7-103, 7-107, and 7-108 separately and identify the unit and tenancy before applying a deposit rule. General Obligations Law §5-321 also makes specified lease clauses exculpating a lessor for its own negligence void and unenforceable.

Operating Rule

Use this article only to select the statute for review. Have counsel confirm coverage, current text, required form, service, and remedy for any notice, eviction, deposit dispute, accommodation, regulated unit, or local-code question.

Sources

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This is general information, not legal, tax or accounting advice. Every situation is different. Talk to a licensed attorney, accountant or tax professional before you act.

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