New York Lease Requirements: HSTPA & Plain Language Law
A guide to drafting compliant New York residential leases, including the plain language requirement, prohibited clauses, and HSTPA mandates.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Rooted in the General Obligations Law (effective September 27, 1964) and heavily amended by the 2019 Housing Stability and Tenant Protection Act (HSTPA), New York imposes some of the most prescriptive requirements on residential lease agreements in the country. From the plain language mandate to the HSTPA's sweeping reforms, landlords must ensure their leases comply with both the form and substance of the law.
The Plain Language Requirement
Under N.Y. General Obligations Law § 5-702, all residential leases must be written in "plain and coherent" language using words with common and everyday meanings. This means:
- No dense legalese that a typical person cannot understand.
- Clear, logical organization.
- Appropriately sized type (no fine print designed to obscure terms).
A lease that violates the plain language requirement may be challenged, and the landlord could be liable for damages.
Written vs. Oral Leases
While oral leases are technically valid for tenancies of one year or less, operating without a written lease in New York is extremely risky for landlords. Without a signed document, proving agreed-upon terms (especially regarding fees, maintenance responsibilities, and pet policies) is nearly impossible in Housing Court.
For tenancies exceeding one year, a written lease is required under the Statute of Frauds.
Mandatory Lease Inclusions
A New York residential lease must include or comply with the following:
1. Security Deposit Terms (HSTPA)
- State clearly that the deposit cannot exceed one month's rent.
- Acknowledge the 14-day return deadline.
2. Late Fee Disclosure
- If the lease includes a late fee, it cannot exceed $50 or 5% of the monthly rent (whichever is less).
- The mandatory 5-day grace period must be acknowledged.
3. Good Cause Eviction Disclosure (2024)
- Under N.Y. RPL § 231-c, the lease must contain a written disclosure regarding the unit's status under the Good Cause Eviction Law as of August 18, 2024.
4. Rent Stabilization Rider (NYC)
- Rent-stabilized leases must include a rent stabilization rider that explains the tenant's rights, the legal regulated rent, and other protections.
5. Lead Paint Disclosure
- Every lease for a pre-1978 property must include the federally required lead paint disclosure and warning statement (and in NYC, the Local Law 1 rider).
6. Flood Risk Disclosure
- Every lease statewide must include the flood risk and history disclosures required by N.Y. RPL § 231-b.
Prohibited Clauses
Under the HSTPA and long-standing New York law, the following lease provisions are void and unenforceable:
Lease Renewal Requirements
Rent-Stabilized Units (NYC)
Landlords must offer a renewal lease 90 to 150 days before the current lease expires. The tenant has 60 days to accept or reject. Failing to offer a renewal is a violation of rent stabilization law. Under 9 NYCRR § 2522.5, the owner must furnish the tenant with a copy of the fully executed lease within 30 days from the owner's receipt of the lease signed by the tenant.
Market-Rate / Good Cause Units
Under the GCEL, covered landlords must offer a renewal unless they can demonstrate "good cause" for non-renewal and provide the required 30/60/90-day notice.
How Landager Helps
Landager tracks lease terms, HSTPA deadline compliance, and security deposit interest - making it easy to handle your property portfolio while staying compliant with New York regulations.
Frequently Asked Questions
▶What are the New York landlord-tenant laws every property owner should know?
New York is the most tenant-protective state in the US. Its regulatory framework combines the Housing Stability and Tenant Protection Act (HSTPA) of 2019 with the Good Cause Eviction Law of 2024, NYC's rent stabilization system, and extensive local ordinances. Security deposits are capped at one month's rent, late fees at $50 or 5% (whichever is lower), and landlords in NYC must demonstrate 'good cause' to evict or refuse lease renewal.
Read the complete guide▶What is the New York eviction process and how long does it take?
New York's eviction process is lengthy and highly procedural. For non-payment, landlords must serve a 14-day written demand for rent. For holdover evictions, notice depends on tenancy length: 30 days (under 1 year), 60 days (1-2 years), or 90 days (over 2 years). Self-help evictions are strictly illegal. Under the 2024 Good Cause Eviction Law, NYC landlords must demonstrate enumerated legal reasons for eviction, making the process even more demanding.
Read the complete guide▶What is the New York security deposit limit and return deadline?
Under the HSTPA, New York landlords can collect a maximum of one month's rent as a security deposit statewide — this applies to all residential tenancies regardless of whether the unit is rent-stabilized or market-rate. Landlords must return the deposit or provide an itemized statement of deductions within 14 days of the tenant vacating. Failure to comply forfeits the right to retain any portion.
Read the complete guide▶What are the New York rent increase laws and caps for landlords?
New York has multiple layers of rent regulation. NYC rent-stabilized units are governed by the Rent Guidelines Board, which set 3% for one-year and 4.5% for two-year leases in 2025-2026. Under the 2024 Good Cause Eviction Law, increases above 10% or 5% + CPI (whichever is lower) are presumed unreasonable and can be challenged in court. Market-rate units outside NYC remain unregulated unless the municipality opts into Good Cause.
Read the complete guide▶What is the grace period for late rent in New York?
New York mandates a 5-day grace period before any late fee can be assessed. Under the HSTPA, residential late fees are strictly capped at the lesser of $50 or 5% of the monthly rent. Late fees alone cannot be the basis for an eviction proceeding — landlords must pursue a separate non-payment action through Housing Court if rent remains unpaid after the 14-day demand notice.
Read the complete guide▶What disclosures must New York landlords provide to tenants?
New York requires extensive pre-lease disclosures including lead-based paint (plus NYC Local Law 1 for pre-1960 buildings), bed bug infestation history (NYC), flood risk and prior flood damage (statewide since 2023), mold history and remediation (NYC), Good Cause Eviction coverage status, window guard requirements for units with children under 11 (NYC), and smoke and carbon monoxide detector compliance.
Read the complete guide▶What is Good Cause Eviction in New York and how does it affect landlords?
Effective April 20, 2024, the Good Cause Eviction Law transformed the landscape for market-rate apartments in NYC and opt-in municipalities. Landlords must now demonstrate enumerated legal reasons (non-payment, nuisance, illegal use, refusal of access) to evict or refuse lease renewal. The law also caps rent increases — increases above 10% or 5% + CPI are presumed unreasonable and tenants can challenge them in court.
Read the complete guide▶What are New York landlord maintenance obligations and habitability standards?
New York enforces the implied warranty of habitability, requiring landlords to maintain properties in livable condition. This includes working plumbing, heating (minimum 68°F during the day, 62°F at night from October to May), electrical systems, pest control, and structural integrity. NYC has additional requirements including window guards, lead paint abatement, mold remediation, and elevator maintenance. Tenants may withhold rent if habitability violations remain unaddressed.
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