New York Residential Lease Agreements 2026: HSTPA + NYC Rent Stabilization Complete Guide

Last verified: 2026-05-02

New York State, and especially New York City, runs the most extensive tenant-protection regime in the United States. The framework rests on three statutory layers: the NY Real Property Law (RPL) as the statewide baseline, the Housing Stability and Tenant Protection Act of 2019 (HSTPA, L. 2019, c. 36) which capped deposits at one month’s rent statewide and rewrote eviction-notice timelines, and the NYC Rent Stabilization Law / Emergency Tenant Protection Act which adds a separate layer on roughly one million NYC and select-county apartments. A landlord who applies pre-2019 deposit, late-fee, or notice rules in 2026 is not just out of date — they are exposed to double damages under GOL §7-108(1-a)(g), rent freezes under DHCR rules, and potentially treble damages under NYC Admin Code §26-516 for willful overcharge with a six-year HSTPA lookback. This pillar guide walks through every figure, deadline, and section number — current to the NYC Rent Guidelines Board Order #57 (2.75% / 5.25% for leases starting 1 October 2025 – 30 September 2026) — that a NY landlord, tenant, or operator must know on 2 May 2026.

Quick Answer (TL;DR)

NYC RGB Order #57: https://rentguidelinesboard.cityofnewyork.us/2025-26-apartment-loft-order-57/

Table of Contents

1. Overview
2. Legal Foundation: The Three Layers
3. Key Decisions: Free-Market vs Rent-Stabilized vs Rent-Controlled
4. Required Documents and Disclosures
5. Step-by-Step Process
6. Costs and Timeline
7. Common Mistakes (Gyoseishoshi Perspective)
8. After Completion: Lifecycle, Renewals, Eviction
9. FAQ
10. Conclusion

1. Overview

There are roughly 2.2 million renter households in New York City alone, and another 1 million across the rest of New York State. Three categories define the New York rental market:

• Free market — about 1 million NYC apartments. Rents and renewals are unregulated except by HSTPA’s deposit, fee, and notice rules.
• Rent-stabilized — about 1 million NYC apartments in pre-1974 buildings with 6+ units, plus select 421-a/J-51 buildings. Annual increases set by the NYC Rent Guidelines Board (RGB).
• Rent-controlled — about 16,000 NYC units in pre-1947 buildings with continuous tenancy from before 1971. Rents set by the Maximum Base Rent (MBR) formula administered by DHCR.

Outside NYC, the Emergency Tenant Protection Act of 1974 (ETPA) extends rent stabilization to select counties — Westchester, Nassau, Rockland, and select municipalities — wherever local emergency declarations apply.

Statutory hubs:

• NY Real Property Law: https://www.nysenate.gov/legislation/laws/RPP
• HSTPA L. 2019, c. 36: https://www.nysenate.gov/legislation/laws/2019/36
• DHCR (NYS Homes and Community Renewal): https://hcr.ny.gov/

2. Legal Foundation: The Three Layers

2-1. NY Real Property Law (RPL) — Statewide Baseline

RPL governs all residential tenancies statewide. Key provisions:

• RPL §229 — parties to lease.
• RPL §232-a / §232-b / §232-c — periodic, year-to-year, month-to-month tenancies.
• RPL §235-b — implied warranty of habitability. Mandatory in every residential lease and cannot be waived.
• RPL §235-f — roommate rights without landlord approval.
• RPL §223-b — retaliation prohibited against tenants exercising rights.
• RPL §226-c — 30/60/90 day vacate notice depending on tenancy length.
• RPL §238-a — late fee cap 5% or USD 50, application fee cap USD 20.

2-2. HSTPA 2019 — The Tenth Anniversary of Reform

The Housing Stability and Tenant Protection Act of 2019, signed 14 June 2019, was the most significant tenant-protection reform in NY history. Key changes still defining 2026 leases:

2-3. NYC Rent Stabilization Law / ETPA

NYC Admin Code Title 26, Chapter 4 (§26-501 et seq.) is the NYC Rent Stabilization Law (RSL). It applies to NYC apartments in pre-1974 buildings with 6+ units, plus certain buildings receiving 421-a or J-51 tax abatements. Outside NYC, the ETPA (Chapter 576 of the Laws of 1974) extends rent stabilization to municipalities that declare housing emergencies, currently including Westchester, Nassau, Rockland, and select municipalities.

For 2025–2026 leases (lease starting 1 October 2025 – 30 September 2026), the NYC RGB Order #57 sets:

• 2.75% for 1-year lease renewals
• 5.25% for 2-year lease renewals

Source: https://rentguidelinesboard.cityofnewyork.us/2025-26-apartment-loft-order-57/

2-4. Federal Layer — Lead Paint Disclosure

For buildings built before 1978, 42 USC §4852d requires landlords to provide the EPA Lead Disclosure Form to all new tenants. NYC Local Law 1 (2004) imposes additional inspection and abatement obligations on NYC landlords.

3. Key Decisions: Free-Market vs Rent-Stabilized vs Rent-Controlled

3-1. Three Categories of NYC Apartments

3-2. How to Verify Rent-Stabilization Status

Tenants and landlords can request a rent registration history from DHCR via https://portal.hcr.ny.gov/app/ask. The history shows whether the unit has been registered as rent-stabilized and the legal rent over time. Failure to register annually can result in rent freezes — the rent is capped at the last registered amount until the landlord catches up on registrations.

3-3. Free-Market Lease Mechanics

Free-market apartments are subject to:

• GOL §7-108(1-a) — security deposit cap (1 month).
• RPL §238-a — late fees + application fees.
• RPAPL §711(2) — 14-day non-payment notice.
• RPL §226-c — 30/60/90 day holdover notice.
• RPL §235-b — implied warranty of habitability.

But not subject to RGB rent-increase orders, RA-LR1 rider, or DHCR registration.

3-4. Rent-Stabilized Lease Mechanics

Rent-stabilized apartments are subject to all of the above plus:

• 9 NYCRR §2522.5(c)(1) — DHCR Rent Stabilization Lease Rider (RA-LR1) mandatory at every initial lease and renewal.
• RSL §26-511(c)(4) — tenant has the right to choose 1-year or 2-year renewal.
• RGB Order #57 for 2025–2026 — 2.75% / 5.25%.
• DHCR annual registration of unit and current rent.
• Renewal lease offer between 150 and 90 days before expiration via certified mail or hand delivery (DHCR Form RTP-8 / RA-1L).
• Treble damages under NYC Admin Code §26-516 for willful overcharge (with 6-year HSTPA lookback).

4. Required Documents and Disclosures

4-1. Standard Lease Document Components

4-2. NYC-Specific Mandatory Disclosures

Bedbug history (NYC HPD Form CDBBH): NYC landlords must give all new tenants the bedbug history disclosure for the past year for the unit and building. Must be signed and acknowledged.

Window guards (all NYC apartments, even without children): NYC landlords must annually provide the Window Guard notice and install window guards if any child age 10 or younger lives in the apartment.

Lead paint (federal + NYC Local Law 1): For buildings built before 1978, federal law requires the EPA Lead Disclosure Form. NYC Local Law 1 (2004) imposes additional lead-paint inspection and abatement obligations.

4-3. Rent-Stabilized Lease Rider (RA-LR1)

Under 9 NYCRR §2522.5(c)(1), the DHCR Rent Stabilization Lease Rider (RA-LR1) must be attached to every rent-stabilized initial lease and renewal. The rider explains in plain English:

• Rent calculation
• Lease renewal rights
• Right to file overcharge complaints
• DHCR contact information

Failure to provide the rider permits the tenant to file Form RA-89 with DHCR for damages. Download from: https://hcr.ny.gov/forms

5. Step-by-Step Process

5-1. Free-Market Apartment — 7-Step Lease Path

Step 1 — Verify legal use of premises. Confirm the unit is legally permitted as a residential dwelling under the NY Multiple Dwelling Law and NYC Building Code (in NYC). A lease for an illegal unit is unenforceable.

Step 2 — Conduct pre-screening. Application fee max USD 20 under RPL §238-a (covers credit + background check).

Step 3 — Prepare lease. Standard 1-year or 2-year lease. Include all required disclosures (bedbug NYC, window guards NYC, lead paint pre-1978, sprinkler RPL §231-a).

Step 4 — Collect deposit. Maximum 1 month’s rent under GOL §7-108(1-a). No additional security, pet deposit, or last-month-rent permitted.

Step 5 — Hold deposit in segregated account. Under GOL §7-103, security deposits must be held in trust, not commingled with landlord’s funds. Buildings with 6+ units must place the deposit in an interest-bearing account at a NY bank, with interest belonging to the tenant (less 1% admin fee).

Step 6 — Tenant inspection. Pre-occupancy inspection should document unit condition. NY does not require a formal inspection report, but documenting conditions protects both parties.

Step 7 — Begin tenancy. Tenant takes possession; lease term commences.

5-2. Rent-Stabilized Apartment — 8-Step Lease Path

Step 1 — Confirm rent-stabilization status. Verify via DHCR rent registration history: https://portal.hcr.ny.gov/app/ask. Buildings with 6+ units built before 1 January 1974 are typically rent-stabilized under ETPA in NYC.

Step 2 — Calculate legal rent. For initial rent following vacancy: legal regulated rent based on rent registration. For NYC, register annually with DHCR.

Step 3 — Provide RA-LR1 Rent Stabilized Lease Rider. Mandatory under 9 NYCRR §2522.5(c)(1).

Step 4 — Offer 1-year or 2-year term. Tenant has the right to choose under RSL §26-511(c)(4).

Step 5 — Apply RGB increase. 2025–2026 RGB Order #57: 2.75% for 1-year / 5.25% for 2-year.

Step 6 — Collect deposit (max 1 month). Same GOL §7-108(1-a) rules apply.

Step 7 — Renewal lease offer. Send between 150 and 90 days before lease expiration via certified mail or hand delivery. Use DHCR Form RTP-8 / RA-1L.

Step 8 — Annual DHCR registration. Register apartment status and current rent annually with DHCR by the prescribed deadline.

DHCR Lease Renewal Fact Sheet #4: https://hcr.ny.gov/sites/default/files/documents/2024/02/fact-sheet-04-02-2024.pdf

5-3. Lease Renewal — 5-Step Process (Rent-Stabilized)

Step 1 — Calendar the 150-day window. Owner must offer renewal between 150 and 90 days before lease expiration.

Step 2 — Prepare renewal lease offer. Use RTP-8 / RA-1L. Offer both 1-year and 2-year options at correct RGB rates.

Step 3 — Serve renewal offer. Hand delivery or certified mail. Document service.

Step 4 — Tenant has 60 days to accept. Tenant returns signed renewal selecting 1-year or 2-year. Failure to accept renewal does not terminate tenancy automatically — landlord must follow holdover proceeding under RPL §226-c.

Step 5 — Both sign + register with DHCR. File renewal information at next annual registration.

6. Costs and Timeline

6-1. Tenant Move-In Costs

6-2. Landlord Eviction Costs

NYC Housing Court fees: https://ww2.nycourts.gov/courts/nyc/civil/forms/housing.shtml

6-3. DHCR Filing Fees (Rent-Stabilized)

DHCR Office of Rent Administration: https://hcr.ny.gov/office-rent-administration-ora

7. Common Mistakes (Gyoseishoshi Perspective)

7-1. The Most Expensive Mistake — Self-Help Eviction

Under RPAPL §768, locking out a tenant, removing belongings, or shutting off utilities without a court order is a Class A misdemeanor, exposes the landlord to civil damages (statutory triple damages plus attorney fees), and entitles the tenant to reinstatement.

The proper path is always through Housing Court (NYC) or local court (NY State outside NYC):

1. Serve proper notice (14-day for non-payment under RPAPL §711(2); 30/60/90 for holdover under RPL §226-c).
2. File petition with Housing Court.
3. Attend hearing.
4. Obtain judgment.
5. Sheriff executes warrant of eviction (RPAPL §749), subject to up to 1 year stay under RPAPL §753.

Typical NYC eviction timeline post-HSTPA: 6–12 months from notice to physical removal.

7-2. The Second Most Expensive Mistake — Mishandling the Deposit

Under GOL §7-108(1-a)(e), landlord must return the deposit within 14 days of tenant moving out, with an itemized statement of any deductions. Acceptable deductions: actual repair costs (with receipts), cleaning above ordinary wear and tear, unpaid rent. Not deductible: ordinary wear and tear (RPL §235-b implied warranty).

Failure to comply = forfeiture of entire deposit + double damages under §7-108(1-a)(g) for willful violation. Tenants increasingly file Small Claims actions for unreturned deposits.

8. After Completion — Lifecycle, Renewals, Eviction

8-1. During Tenancy

8-2. End of Tenancy

8-3. Annual Compliance (Landlord)

9. FAQ

Q1. I’m a new NYC landlord. Can I require first month, last month, and security deposit?

No. Under GOL §7-108(1-a) as amended by HSTPA in 2019, the maximum deposit is one month’s rent. “Last month’s rent” collected in advance is treated as deposit and counts toward the 1-month cap. You may collect: first month’s rent + 1 month security. That’s it. No pet deposit, no key deposit, no cleaning deposit. Violations expose you to return of full deposit plus double damages under §7-108(1-a)(g).

Q2. How much can I increase rent in NYC in 2026?

Free-market apartments: No statutory cap; market-determined. Rent-stabilized apartments under RGB Order #57 (effective for leases starting 1 October 2025 – 30 September 2026): 2.75% for 1-year renewals and 5.25% for 2-year renewals. The next RGB order (effective 1 October 2026) will be set in spring 2026. Rent-stabilized renewal offers must be sent between 150 and 90 days before lease expiration.

Q3. What’s the difference between rent-controlled and rent-stabilized?

Rent-controlled apartments (~16,000 units) are pre-1971 continuous tenancies in pre-1947 buildings — extremely rare. Rents are set by DHCR’s Maximum Base Rent (MBR) formula. Rent-stabilized apartments (~1 million units) are typically in NYC buildings with 6+ units built before 1 January 1974, plus select 421-a / J-51 buildings — rents adjusted annually by the NYC Rent Guidelines Board. For most landlords, only rent-stabilized is operationally relevant. Both are administered by DHCR.

Q4. My tenant hasn’t paid rent for 2 weeks. Can I evict?

Under post-HSTPA RPAPL §711(2), you must serve a 14-day demand for rent in writing. If tenant pays during the 14 days, you cannot evict. After 14 days non-payment, you may file petition in NYC Housing Court (or local court outside NYC). Filing fee: USD 45 (non-payment) / USD 95 (holdover). Hearing typically 4–8 weeks. Even with a judgment, the court may stay the warrant up to 1 year for good cause under RPAPL §753. Total typical timeline: 6–12 months from notice to actual physical removal. Self-help eviction is illegal and a Class A misdemeanor.

Q5. What’s the bedbug disclosure I keep hearing about?

Under NYC Admin Code §26-2120 and NYC HPD Form CDBBH, NYC landlords must disclose to all new tenants at lease signing the bedbug infestation history for the past year for the unit and building. Disclosures must be signed and acknowledged by the tenant. Failure to disclose can be cited by NYC HPD and used against the landlord in any future bedbug dispute. This is NYC-specific — does not apply to NY State outside NYC.

Q6. Do I need to register my rent-stabilized unit annually?

Yes — mandatory under DHCR regulations. Each rent-stabilized unit must be registered annually with DHCR’s Office of Rent Administration. Failure to register can result in: (1) the unit’s rent being frozen at the last registered amount, (2) tenant overcharge complaints filed retroactively, (3) treble damages under NYC Admin Code §26-516 if the underregistration coincided with overcharges (with 6-year HSTPA lookback). Annual registration fee: USD 20/unit.

Q7. What’s the RA-LR1 rider?

The DHCR Rent Stabilized Lease Rider (RA-LR1) is a mandatory attachment to every rent-stabilized initial lease and renewal under 9 NYCRR §2522.5(c)(1). It explains in plain English the tenant’s rights including rent calculation, renewal rights, and DHCR contact information. Failure to provide the rider can permit the tenant to file complaint forms with DHCR, including overcharge proceedings. Download from: https://hcr.ny.gov/forms

Q8. Can I evict for “owner occupancy” in NYC?

Yes, but heavily regulated post-HSTPA. For rent-stabilized units, owner occupancy is permitted only for the owner or owner’s immediate family member to use as a primary residence, and HSTPA limits it to one apartment per building. Owner must follow strict notice procedures (typically 90+ days), file with DHCR, and may face challenges from tenants. For free-market apartments, give 30/60/90 days notice (RPL §226-c) at end of lease term. Senior citizens (60+) and tenants with 15+ years’ residence have additional protections under RSL §26-511(c)(9-b).

Q9. My tenant moved out and left the apartment damaged. Can I keep the deposit?

Only with proper documentation and itemization. Under GOL §7-108(1-a)(e), you must return the deposit (less any deductions) within 14 days of move-out, accompanied by an itemized statement describing the deductions. Acceptable deductions: actual repair costs (with receipts), cleaning above ordinary wear and tear, unpaid rent. Not deductible: ordinary wear and tear (RPL §235-b implied warranty). If you fail to follow the itemization rule, you forfeit the entire deposit and may owe double damages under §7-108(1-a)(g).

Q10. Can a non-US citizen rent in NYC?

Yes — there’s no nationality-based restriction on residential renting in NY. However, landlords typically require: (1) credit history (foreign tenants often need a US co-signer or guarantor), (2) employment verification or tax returns, (3) some landlords accept international guarantor services (Insurent, TheGuarantors). Source-of-income discrimination is illegal in NYC under NYC Human Rights Law — refusing rent vouchers (Section 8, CityFHEPS) is unlawful. Foreign tenants are protected on the same basis as citizens for HSTPA deposit, fee, and notice rules.

10. Conclusion

A New York residential lease in 2026 must be drafted against three layers of statute simultaneously: the Real Property Law statewide baseline, the HSTPA 2019 package of deposit, fee, and notice reforms, and — for roughly one million NYC apartments — the Rent Stabilization Law with its RA-LR1 rider, RGB increase percentages, and DHCR registration mechanics. A landlord using a pre-2019 form template is exposed to double damages under GOL §7-108(1-a)(g), rent freezes under DHCR rules, and potentially treble damages under NYC Admin Code §26-516 with a six-year HSTPA lookback.

The numerical fingerprints of post-HSTPA New York are precise: 1-month deposit cap, USD 50 / 5% late fee cap, USD 20 application fee cap, 14-day non-payment notice, 30/60/90-day holdover notice, and 150-to-90-day renewal-offer window for rent-stabilized leases. The 2025–2026 RGB Order #57 fixes the rent-stabilized renewal increases at 2.75% (1-year) / 5.25% (2-year).

Above all, self-help eviction is a Class A misdemeanor under RPAPL §768. Every eviction must travel through a 14-day notice (or RPL §226-c notice), a Housing Court petition, a hearing, a judgment, and Sheriff execution under RPAPL §749 — typically 6–12 months end-to-end. A landlord who shortcuts that process trades a known statutory delay for unbounded civil and criminal exposure. The lease is the document; HSTPA, RPL, GOL, RPAPL, RSL, ETPA, and DHCR regulations are the law that actually controls it.

Create your New York residential lease with Scrib🐮

Skip the paperwork. Generate your HSTPA-compliant New York lease with all required disclosures (bedbug, window guard, lead paint, sprinkler) and the RA-LR1 rider for rent-stabilized units in minutes with MmowW Scrib🐮. ¥22,000/month pass for unlimited access to all 18 document types across 7 countries. Start Free Preview →

Disclaimer

This article provides legal information, not legal advice. MmowW Scrib🐮 is a document preparation service operated by a licensed Gyoseishoshi (行政書士) office in Japan. Under Japanese law, a Gyoseishoshi prepares administrative and corporate documents. We are not solicitors, barristers, attorneys, paralegals, or notaries. We are not New York attorneys, members of the New York State Bar, or licensed real estate brokers in New York. For legal advice on New York residential tenancies, retain a tenant or landlord attorney admitted in New York State. References to “we recommend” should be read as “under the cited Code/Statute, the requirement applies.”

Sources

1. NY Real Property Law (RPL) — https://www.nysenate.gov/legislation/laws/RPP
2. NY General Obligations Law (GOL) — https://www.nysenate.gov/legislation/laws/GOB
3. NY Real Property Actions and Proceedings Law (RPAPL) — https://www.nysenate.gov/legislation/laws/RPA
4. HSTPA L.2019 c.36 — https://www.nysenate.gov/legislation/laws/2019/36
5. DHCR (NYS Homes and Community Renewal) — https://hcr.ny.gov/
6. DHCR Office of Rent Administration — https://hcr.ny.gov/office-rent-administration-ora
7. DHCR Forms — https://hcr.ny.gov/forms
8. DHCR Fact Sheet #4 — Lease Renewals — https://hcr.ny.gov/sites/default/files/documents/2024/02/fact-sheet-04-02-2024.pdf
9. DHCR Fact Sheet #9 — Security Deposits — https://hcr.ny.gov/fact-sheet-9
10. DHCR Rent Control — https://hcr.ny.gov/rent-control
11. DHCR ETPA Fact Sheets — https://hcr.ny.gov/fact-sheets-emergency-tenant-protection-act-etpa
12. DHCR Tenant Online Services — https://portal.hcr.ny.gov/app/ask
13. NYC Rent Stabilization (Mayor’s PEU) — https://www.nyc.gov/site/mayorspeu/programs/rent-stabilization.page
14. NYC Rent Guidelines Board — https://rentguidelinesboard.cityofnewyork.us/
15. NYC RGB Order #57 (2025-26) — https://rentguidelinesboard.cityofnewyork.us/2025-26-apartment-loft-order-57/
16. NYC RGB Security Deposits FAQ — https://rentguidelinesboard.cityofnewyork.us/resources/faqs/security-deposits/
17. NYC HPD — https://www.nyc.gov/site/hpd/
18. NYC Housing Court — https://ww2.nycourts.gov/courts/nyc/civil/index.shtml
19. NYC Tenants’ Rights Guide — https://www.nyc.gov/assets/buildings/pdf/tenants_rights.pdf
20. 42 USC §4852d (Lead Paint Disclosure) — https://www.law.cornell.edu/uscode/text/42/4852d
21. HUD Lead Paint Pamphlet — https://www.hud.gov/sites/dfiles/HH/documents/SF8-CPD-Pamphlet-2018-12-01.pdf
22. Cornell LII — NY Statutes — https://www.law.cornell.edu/states/new_york