New York Residential Lease: Scrib🐮 Guide

TL;DR: Scrib🐮's M2 Guided Preparation wizard walks New York landlords through residential lease preparation under HSTPA 2019 — covering the 1-month security deposit cap, 14-day inspection requirement, and mandatory disclosure forms.

The Challenge

New York residential landlord-tenant law was significantly reformed by the Housing Stability and Tenant Protection Act (HSTPA) of 2019. The changes imposed major new obligations on landlords statewide (not just in New York City): security deposits are now capped at one month's rent for all residential leases; landlords must inspect the unit within 5 days after receiving notice of move-out and give tenants the opportunity to be present at a walkthrough inspection; and the advance notice required for rent increases or non-renewal of a lease increased to 30–90 days depending on tenancy length.

Pre-2019 lease templates are non-compliant with HSTPA. Security deposit clauses referencing two or three months' rent are unlawful. Non-renewal notice provisions that give less than the required notice are ineffective. Landlords using pre-2019 templates expose themselves to tenant claims and inability to retain security deposits.

Additionally, New York has specific mandatory disclosure requirements: lead paint disclosure (for pre-1978 buildings), bedbug disclosure (required by New York City Administrative Code §27-2018.1 in NYC), and the New York State Window Guard Disclosure (for buildings with children under 10).

How Scrib🐮 M2 Guided Prep Solves It

Scrib🐮's M2 wizard for New York residential leases is built on HSTPA 2019 requirements and includes all mandatory disclosures.

Phase 1 — Property type and location:

Enter the property address and type (apartment, house, condominium unit). The wizard distinguishes between New York City and upstate New York, as NYC has additional local laws (HPD registration, bedbug disclosure, rent stabilisation eligibility). For NYC properties, the wizard asks whether the unit is rent-stabilised — a status that imposes additional obligations and caps on rent increases.

Phase 2 — Lease term and rent:

Enter the lease term (typically 1 year for residential) and monthly rent. The wizard calculates the maximum permissible security deposit (one month's rent under HSTPA 2019) and flags if you enter a higher amount.

The wizard covers the advance notice requirements for non-renewal or rent increase notices under HSTPA 2019: 30 days for tenancies under 1 year, 60 days for tenancies of 1–2 years, 90 days for tenancies over 2 years.

Phase 3 — Security deposit provisions:

The wizard generates the security deposit clause reflecting the HSTPA requirements: one-month cap, 14-day inspection period after move-out, the landlord's obligation to provide an itemised statement of deductions within 14 days of the tenant's move-out date, and the consequence of failure to provide a timely itemised statement (forfeiture of the right to retain any portion of the deposit).

Phase 4 — Mandatory disclosures:

The wizard generates the required disclosure forms:

• Lead paint disclosure: required for pre-1978 buildings under EPA/HUD regulations (https://www.epa.gov/lead)
• Bedbug disclosure: required in New York City; the landlord must disclose the bedbug infestation history of the unit and the entire building for the previous year
• Window guard disclosure: required if children under 10 will reside in the unit
• Flood zone disclosure: required for properties in FEMA-designated flood zones

Phase 5 — Lease terms:

The wizard generates the complete residential lease covering: rent payment, late fees (HSTPA limits late fees to $50 or 5% of monthly rent, whichever is less, after a 5-day grace period), maintenance obligations, subletting restrictions, pet provisions, and notice requirements for entry.

Phase 6 — Export:

Download the complete lease package: lease agreement, all required disclosure forms, a move-in condition checklist, and a landlord compliance reminder timeline covering the HSTPA post-tenancy obligations.

Reference: New York State Attorney General's guide to tenant rights (https://ag.ny.gov/consumer-frauds/tenant-rights) and HSTPA 2019 (https://legislation.nysenate.gov/).

Scrib🐮 is a document preparation service. For advice on New York landlord-tenant law, consult a New York real estate attorney or legal aid organization.

What's Included in Your Scrib🐮 Pass

Pricing: From $149/month — all menus, all countries, unlimited documents.

Why Scrib🐮 vs DIY or Traditional Services

DIY risk: Pre-HSTPA lease templates — still widely available online — reference security deposit amounts of two or three months' rent. Using such a template in New York means your security deposit clause is unlawful. Courts have sided with tenants who demanded return of deposits above the one-month cap, even when landlords had legitimate deduction claims.

Real estate attorney: New York real estate attorneys charge $200–$500 per hour; a residential lease review and preparation engagement typically costs $500–$1,500.

Scrib🐮: The M2 wizard builds from current HSTPA requirements, covers all mandatory disclosure forms, and generates a complete lease package in under an hour. At $149/month, the same pass covers company formation and employment contract templates.

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Frequently Asked Questions

Q: Does the HSTPA security deposit cap apply to all New York residential leases or just rent-stabilised units?

The one-month security deposit cap under HSTPA 2019 applies to all residential leases in New York State — not just rent-stabilised units. This is a common misconception. The cap applies statewide regardless of whether the unit is market-rate, rent-stabilised, or rent-controlled.

Q: What is the required notice period for non-renewal of a New York residential lease?

HSTPA 2019 requires: 30 days' notice for tenancies of less than 1 year; 60 days' notice for tenancies of 1–2 years; 90 days' notice for tenancies of more than 2 years. These apply to non-renewal and rent increase notices. The wizard generates the correct notice period based on your tenancy length.

Q: Do I need to register my rental property in New York?

In New York City, properties with three or more residential units must be registered with the NYC Department of Housing Preservation and Development (HPD). The M4 Submission Guide covers the HPD registration requirements and filing process (https://www.nyc.gov/site/hpd/index.page).

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