New York Lease Agreement Requirements: HSTPA Rules & Plain Language Law

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.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in New York for guidance specific to your situation. Information last verified: March 2026.

The Plain Language Requirement

Under NY 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)

• If the unit is covered by the Good Cause Eviction Law, the lease must contain a written disclosure of this fact 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.

6. Flood Risk Disclosure

• Every lease statewide must include the flood risk and history disclosures required by 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.

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

Drafting a New York-compliant lease requires incorporating dozens of mandatory disclosures, riders, and limitations. Landager provides dynamic, customizable lease templates tailored to New York law—including HSTPA-compliant deposit and late fee terms, Good Cause disclosures, flood risk notices, and rent-stabilized riders—all in plain language format, ensuring your leases are legally airtight from day one.

Back to New York Landlord-Tenant Laws Overview.