Understanding Your Lease Rights in New York
Updated 4 days ago (March 7, 2026)
Lease Requirements and Prohibited Terms
New York law imposes specific requirements on residential leases and prohibits certain terms. Under Real Property Law Section 235-c, any lease clause waiving the warranty of habitability is void. Provisions requiring tenants to waive their right to a jury trial in eviction proceedings are also unenforceable. The HSTPA further prohibited clauses requiring tenants to pay landlord attorney fees in most circumstances.
For rent-stabilized apartments, landlords must offer leases of one or two years at the tenant's choice. The lease must include a rent stabilization rider informing the tenant of their rights, the legal regulated rent, and how the rent was calculated. Failure to provide the rider can be grounds for challenging the rent amount.
All residential leases in New York must be written in plain language under General Obligations Law Section 5-702. If a lease term is ambiguous, New York courts construe the ambiguity against the landlord who drafted the lease. This rule of construction is particularly important in disputes over lease renewal, pet policies, and subletting clauses.
Roommate Rights Under New York Law
New York's Roommate Law (Real Property Law Section 235-f) gives tenants the right to share their apartment with at least one additional occupant and the occupant's dependent children, even if the lease restricts occupancy. This right cannot be waived by lease agreement. The total number of occupants must still comply with local housing codes regarding maximum occupancy.
The law applies to every residential tenant in New York State, not just those in New York City. Your landlord cannot charge additional rent for a roommate added under the Roommate Law. However, you must inform the landlord of the roommate's name within 30 days of the roommate moving in, and you remain the tenant of record responsible for all lease obligations.
The Roommate Law is distinct from subletting. A roommate lives with you while you remain in the apartment. Subletting involves you temporarily vacating and allowing another person to occupy the unit. Subletting has different rules and usually requires landlord consent, though the landlord cannot unreasonably withhold consent under Real Property Law Section 226-b.
Succession Rights
Rent-stabilized and rent-controlled tenants in New York have succession rights, meaning family members who have lived in the apartment for a specified period can take over the lease when the tenant of record permanently vacates. For rent-stabilized apartments, the family member must have lived in the unit as a primary residence for at least two years (one year for seniors and disabled persons).
The definition of family for succession purposes is broad under New York law. It includes not only traditional family members like spouses, children, parents, and siblings, but also domestic partners and other persons who can demonstrate a family-like relationship characterized by emotional and financial commitment and interdependence. This protection was established by the New York Court of Appeals in Braschi v. Stahl Associates.
Succession rights protect long-term residents from displacement when the named tenant passes away or moves out. If you are living with a family member in a rent-regulated apartment, ensure that the landlord is aware of your presence and that you can document your residence if a succession claim becomes necessary.
Lease Renewal and Non-Renewal
For rent-stabilized tenants, the landlord must offer a lease renewal between 150 and 90 days before the current lease expires. If the landlord fails to offer a timely renewal, the tenant's existing lease continues on the same terms. The tenant has 60 days to accept the renewal offer. Rent-stabilized tenants can choose between a one-year and two-year renewal term.
For market-rate tenants under the good cause eviction law, landlords must have a legitimate reason for non-renewal. Simply wanting to raise rent above the reasonable threshold or preferring a different tenant is not sufficient cause. The good cause protections apply after the first lease term for tenants who have occupied the unit for the required period.
If your landlord serves a non-renewal notice, review it carefully for compliance with notice timing requirements. For tenancies of less than one year, 30 days' notice is required. For one to two years, 60 days. For more than two years, 90 days. An improperly timed non-renewal notice is invalid and cannot support an eviction proceeding.
Legal References
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.