Can my landlord do this? NYC tenant rights quick checker
Sourced answers to common NYC landlord questions: entry without notice, fees, rent hikes, utility shutoffs, lock changes, keeping deposits and refusing repairs.
9 min read · Updated
Usually not without following specific rules: New York landlords can't enter without notice except in emergencies, can't charge most fees, can't lock you out or cut your services, and can't keep your deposit past 14 days without an itemized statement. Pick your situation below for a sourced yes, no or "it depends," and a link to the full guide.
Answers cover rental apartments in New York City and cite the statute or agency page they come from. Your lease and whether the apartment is rent stabilized can change the answer, so the checker says so where it matters.
Can my landlord do this?
Step 1What is your landlord doing (or threatening to do)?
The numbers to remember
- Background/credit check fee
- $20 max
- RPL § 238-a
- Late fee
- $50 or 5%, whichever is less
- Only after 5 days late
- Security deposit
- 1 month’s rent
- Back within 14 days, itemized
- Notice for 5%+ increase
- 30 / 60 / 90 days
- By length of tenancy, RPL § 226-c
- Stabilized renewals from Oct 1, 2026
- 0% (1-yr and 2-yr)
- RGB Order #58
- Lockout protection
- After 30 days or with a lease
- RPAPL § 768
Quick answers to 20 common questions
| Can my landlord… | Answer | Rule |
|---|---|---|
| …enter without telling me? | Only in an emergency | HMC § 27-2008; HPD ABCs |
| …schedule repairs on a Saturday? | Only if you agree | 28 RCNY § 25-101 |
| …charge a $100 application fee? | No, $20 max for checks | RPL § 238-a |
| …make me pay their broker? | No | FARE Act |
| …charge a late fee the day after rent is due? | No, only once rent is 5+ days late | RPL § 238-a(2) |
| …ask for two months’ deposit? | No | GOL § 7-108 |
| …keep my deposit with no explanation? | No, itemized within 14 days | GOL § 7-108 |
| …raise market-rate rent 10% with two weeks’ notice? | No, needs 30–90 days | RPL § 226-c |
| …raise my stabilized rent on a lease starting Oct 2026? | Not under the RGB guideline (0%) | RGB Order #58 |
| …not renew my market-rate lease? | With notice; Good Cause may require a reason | RPL § 226-c |
| …shut off water to do repairs? | Yes, with 24-hour posted notice for 2+ hours | HMC § 27-2005(e) |
| …cut off heat to get me out? | No | HMC harassment; RPAPL § 768 |
| …change my locks? | Only if I get a key | HMC § 27-2043; § 27-2004(a)(48)(f) |
| …stop me adding a deadbolt? | No, but I give them a key | MDL § 51-c |
| …throw out my things? | No | RPAPL § 768 |
| …evict me without court? | No | RPAPL § 768 |
| …make me fix the boiler? | No | HMC § 27-2005; RPL § 235-b |
| …ban my partner from moving in? | Generally no | RPL § 235-f |
| …evict me over a pet I’ve had openly for a year? | Usually no | HMC § 27-2009.1 |
| …refuse to renew because I called 311? | No, presumed retaliation within a year | RPL § 223-b |
Where to get help
- Conditions and repairs: call 311 or use 311 Online; HPD inspects. See how to file.
- Harassment: tell 311 you believe you're being harassed (HPD Anti-Harassment Unit). See tenant harassment.
- Rent-stabilized issues: NYS HCR at 718-739-6400. See is my apartment rent stabilized?
- Broker fees: file a complaint with DCWP. See the FARE Act.
- Lockouts: 911, then Housing Court. See illegal lockouts.
- Free legal help: the Legal Aid Society (212-577-3300) and Legal Services NYC (917-661-4500), as listed by HPD.
You can also look up your building's violations and owner on Roofy, or run the numbers with the security deposit calculator and Good Cause rent increase checker.
Independent re-check 2026-10-12: re-read every cited statute on nysenate.gov, RGB Order #58 page (0%/0%, leases Oct 1, 2026–Sep 30, 2027), DCWP FARE Act FAQ, and the official 28 RCNY § 25-101 text in HPD’s 2026 Notice of Adoption (replacing a law-firm copy). Fixed: HCR email typo ([email protected]), emergency-entry answer now notes the duty to notify by phone/email/knock, roommate 30-day notice timing, deposit 14-day wording. Each answer traced to the statute or agency page listed: entry rules (HMC § 27-2008, HPD ABCs), fees (RPL § 238-a: $20 check cap, late fee only after 5 days and max $50 or 5%), FARE Act (DCWP FAQ, effective June 11, 2025), rent notice (RPL § 226-c 30/60/90 days for 5%+ increases or non-renewal), RGB Order #58 (0%/0% for leases starting Oct 1, 2026–Sep 30, 2027), deposits (GOL § 7-108: 14 days, itemized statement, forfeiture), habitability (RPL § 235-b, non-waivable), retaliation (RPL § 223-b, one-year presumption), roommates (RPL § 235-f), pets (HMC § 27-2009.1 three-month rule), locks (MDL § 51-c, HMC § 27-2043), utilities (HMC § 27-2005(e) 24-hour posted notice, RPL § 235), lockouts (RPAPL § 768), discrimination (HPD ABCs protected classes).
Sources
- NYC Housing Maintenance Code §§ 27-2004(a)(48), 27-2005, 27-2008, 27-2009.1, 27-2043 · City of New York (accessed October 12, 2026)
- ABCs of Housing: Tenants Guide · NYC HPD (accessed October 12, 2026)
- Real Property Law § 238-a (fee limits, late fees) · New York State Senate (accessed October 12, 2026)
- Real Property Law § 226-c (notice of rent increase or non-renewal) · New York State Senate (accessed October 12, 2026)
- General Obligations Law § 7-108 (security deposits) · New York State Senate (accessed October 12, 2026)
- Real Property Law § 235-b (warranty of habitability) · New York State Senate (accessed October 12, 2026)
- Real Property Law § 223-b (retaliation) · New York State Senate (accessed October 12, 2026)
- Real Property Law § 235-f (roommates and occupants) · New York State Senate (accessed October 12, 2026)
- Real Property Law § 235 (wilful failure to furnish services) · New York State Senate (accessed October 12, 2026)
- RPAPL § 768 (unlawful eviction) · New York State Senate (accessed October 12, 2026)
- Multiple Dwelling Law § 51-c (tenant locks) · New York State Senate (accessed October 12, 2026)
- FARE Act broker fee FAQ · NYC Department of Consumer and Worker Protection (accessed October 12, 2026)
- 2026-27 Apartment and Loft Order #58 · NYC Rent Guidelines Board (accessed October 12, 2026)
- Notice of Adoption amending 28 RCNY § 25-101 (current text of the owner’s right of access rule) · NYC HPD via NYC Rules (accessed October 12, 2026)
- 9 NYCRR § 2524.3 (Rent Stabilization Code) · Legal Information Institute (NYCRR text) (accessed October 12, 2026)
General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.