{ "_meta": { "dataset": "Landlord Atlas 50-State Landlord-Tenant Law Dataset", "dataset_version": "1.19.0", "published_at": "2026-08-26T14:30:00Z", "license": "https://landlordatlas.com/data/license/", "attribution": "Landlord Atlas (https://landlordatlas.com) — cite by name, link the relevant page, and carry the record's verification date.", "disclaimer": "Landlord Atlas is not a law firm. This dataset provides general information about state landlord-tenant statutes for informational purposes only. It is not legal advice and is not a substitute for the advice of an attorney. Use of this data does not create an attorney-client relationship. Laws change: rely on the citations and verification dates carried in each record, and confirm against the cited statute before acting.", "schema": "https://landlordatlas.com/data/schema.json", "changelog": "https://landlordatlas.com/data/changelog.json", "version_manifest": "https://landlordatlas.com/data/version.json", "contact": "contact@landlordatlas.com", "state": "New York", "state_code": "NY", "canonical_page": "https://landlordatlas.com/laws/new-york/", "per_state_url": "https://landlordatlas.com/data/states/ny.json" }, "record": { "state": "New York", "state_code": "NY", "last_verified": "2026-07-08", "verified_by_method": "Direct read of statute text on the official NY Senate legislation site (nysenate.gov): GOL 7-108 (full text), GOL 7-103 (full text read 2026-07-08 — confirmed subdivision structure: (1) trust/no commingling, (2) bank notice + 1% admin fee when interest-bearing, (2-a) 6+ unit interest-bearing mandate, (3) waiver void), RPL 238-a and RPL 226-c (official-source text confirmed via nysenate.gov), cross-checked against the NY Attorney General's Residential Tenants' Rights Guide (ag.ny.gov) and NYC Rent Guidelines Board guidance.", "pending_legislation": [ { "bill": "S4856 (2025-2026 session)", "summary": "Would amend GOL 7-108(1-a)(e) to extend the security-deposit return/itemized-statement deadline from 14 days to 30 days after the tenant vacates.", "status": "In Senate Judiciary Committee. Referred 2025-02-13; re-referred 2026-01-07 for the second year of the 2025-2026 session (routine). Assembly same-as: A2652. Not enacted as of the checked date.", "checked": "2026-07-08", "lifecycle": "introduced", "signed_on": null, "effective_on": null } ], "security_deposits": { "topic_verified": "2026-08-12", "max_deposit": { "months_rent": 1, "conditions": "The cap covers non-rent-stabilized dwelling units under GOL 7-108(1-a). Rent-stabilized and ETPA-covered units run on a separate section, GOL 7-107 — rewritten by Chapter 436 of the Laws of 2025 to carry the same one-month cap and HSTPA-style return scheme for leases and renewals entered into on or after November 15, 2025 (earlier stabilized leases stay under the prior rules until renewal).\n\nExceptions exist for registered seasonal-use dwelling units and owner-occupied cooperative apartments, and separate rules apply to certain licensed senior/care facilities." }, "return_deadline_days": 14, "return_deadline_conditions": "The landlord must send an itemized statement giving the basis for any amount kept and return the rest of the deposit. The clock starts the day the tenant moves out, and the tenant does not have to supply a forwarding address first.\n\nWithin 14 days after the tenant has vacated, the landlord must provide that itemized statement and return the remaining deposit. There is no forwarding-address precondition anywhere in the statute.", "itemization_required": true, "itemization_rules": "The 14-day itemized statement must state the basis for each amount retained. Deductions are limited to non-payment of rent, damage beyond normal wear and tear, unpaid utility charges payable to the landlord under the lease, and moving/storage of the tenant's belongings; ordinary wear and tear and damage caused by a prior tenant may not be charged. In any dispute, the landlord bears the burden of proving the reasonableness of the amount retained (GOL 7-108(1-a)(f)).", "separate_account_required": true, "interest_required": true, "interest_rules": "In a building with six or more family dwelling units, the deposit must sit in an interest-bearing account at the prevailing rate, and the interest belongs to the tenant apart from a 1% annual administrative fee the landlord may keep (GOL 7-103(2), (2-a)).\n\nDeposits are trust funds that may not be commingled (GOL 7-103(1)). If the deposit is placed in a bank, the landlord must notify the tenant in writing of the bank's name and address and the deposit amount, and the bank must be located in New York (GOL 7-103(2)).\n\nWhenever the deposit is in an interest-bearing account — mandatory at 6+ units, voluntary below — the landlord may retain 1% per annum of the deposited sum as an administrative fee in lieu of all other administrative and custodial expenses. The balance of the interest belongs to the tenant, held in trust or paid annually (GOL 7-103(2)).", "pet_deposit_rules": "No separate statutory category; because no deposit or advance may exceed one month's rent in total, a pet deposit cannot be charged on top of a full one-month security deposit.", "nonrefundable_fees_allowed": false, "penalty_for_violation": "A landlord who misses the 14-day deadline forfeits any right to keep any part of the deposit. A willful violation adds punitive damages of up to twice the amount of the deposit (GOL 7-108(1-a)(e), (g)).\n\nAny violation of subdivision 1-a makes the landlord liable for actual damages. Rights under the section are non-waivable (GOL 7-108(3)).", "tenant_forwarding_address_duty": null, "citations": [ { "statute": "GOL 7-108", "url": "https://www.nysenate.gov/legislation/laws/GOB/7-108", "official": true, "pinpoint": "(1-a), (3)" }, { "statute": "GOL 7-103", "url": "https://www.nysenate.gov/legislation/laws/GOB/7-103", "official": true, "pinpoint": "(1), (2), (2-a)" }, { "statute": "GOL 7-107 (as rewritten by Ch. 436 of the Laws of 2025, S952-B — rent-stabilized/ETPA units; leases and renewals on or after 2025-11-15)", "url": "https://www.nysenate.gov/legislation/laws/GOB/7-107", "official": true, "pinpoint": null } ], "summary_plain": "New York caps security deposits at one month's rent for non-rent-stabilized units, and the landlord must return the deposit with an itemized statement within 14 days of the tenant vacating — miss the deadline and the entire deposit must be returned. Deposits are trust funds held in a separate New York bank account (interest-bearing in buildings of six or more units, with the landlord keeping at most a 1% administrative fee). Tenants have a statutory right to a move-in inspection and to a pre-move-out inspection with an opportunity to cure noted conditions before deductions are taken. Deductions are limited to unpaid rent, damage beyond normal wear and tear, unpaid lease utilities, and moving/storage; the landlord bears the burden of proving any retention is reasonable, and willful violations carry punitive damages up to twice the deposit. These 2019 HSTPA protections cannot be waived. Since November 15, 2025 the same protections reach rent-stabilized and ETPA apartments through a rewritten GOL 7-107 — but only for leases and renewals signed from that date, so stabilized tenancies phase in as they renew.", "notes": [ { "label": "The one-month cap covers prepaid rent, not just the deposit", "text": "Any 'advance' — such as prepaid last month's rent — counts toward the same one-month ceiling. A landlord cannot stack first month's rent, last month's rent, and a full security deposit." }, { "label": "Two statutory exceptions to the cap", "text": "Registered seasonal-use dwelling units (GOL 7-108(4)-(5)) and owner-occupied co-op purchases (GOL 7-108(6)) sit outside these rules." }, { "label": "Rent-stabilized units: the separate section now mirrors these rules", "text": "Deposits for NYC rent-stabilized and ETPA-covered units are governed by GOL 7-107, not by the GOL 7-108 rules described on this page. Chapter 436 of the Laws of 2025 rewrote § 7-107 to carry the same substance inline: a one-month cap, full refundability with the same limited deductions, pre-occupancy and pre-vacating inspections with a right to cure, the 14-day itemized return with total forfeiture for a missed deadline, the landlord's burden of proof, actual damages plus up to twice the deposit for willful violations, and an anti-waiver clause. Application is prospective by lease — the new rules govern leases, rental agreements, and renewals entered into on or after November 15, 2025 — so coverage phases in as stabilized leases renew. The rewrite also reshaped successor liability on a building sale: a grantee or assignee is now liable for deposits of which it has actual knowledge, with broad deemed-knowledge triggers (deposits banked in the six months before closing, acknowledged in a lease in effect at closing, or documented by the tenant), where the old section imposed liability whether or not the deposit was received. Scope note: § 7-107 applies only to units under the NYC rent stabilization law of 1969 or the ETPA of 1974, and § 7-108's own scope clause excludes units under the city rent-control laws." }, { "label": "A pending bill would stretch the 14-day deadline to 30 — it is not law", "text": "S4856 would extend the return-and-itemized-statement deadline from 14 days to 30 days. It is tracked here as pending legislation only; the 14-day figure on this page is current law and does not reflect the bill." }, { "label": "No forwarding address required — the clock runs from move-out", "text": "The blank forwarding-address field means GOL 7-108 imposes no such duty, not that the tenant must do something first. The 14 days run from the date the tenant vacates regardless." } ] }, "rent_increase_notice": { "notice_days_month_to_month": 30, "notice_varies_by_increase_size": "Written notice is required only when the landlord proposes an increase of 5% or more, or will not renew. Its length then scales with how long the tenant has lived there, not with the size of the increase (RPL 226-c).\n\nThe ladder is 30 days if the tenant has occupied less than one year and has no lease of at least one year; 60 days if occupancy or lease term is at least one year but less than two; and 90 days if occupancy or lease term is two years or more. If proper notice is not given, the tenant may remain at the existing rent until the required notice period expires.", "fixed_term_rules": "Rent cannot be raised during a fixed term unless the lease itself provides for it. It can be raised at renewal, on the same notice rules that govern any other increase.\n\nRPL 226-c applies to renewal offers on expiring leases as well as month-to-month tenancies, so a renewal with an increase of 5% or more requires the same 30/60/90-day written notice keyed to tenancy length.", "rent_control_state": true, "rent_control_details": "New York runs several rent-regulation regimes at once. Rent-controlled and rent-stabilized units follow DHCR rules with annual increases set by Rent Guidelines Boards, and a separate 2024 Good Cause Eviction law limits increases in covered units.\n\nThe stabilization regimes are the NYC Rent Stabilization Law and the Emergency Tenant Protection Act, administered by DHCR and significantly strengthened by the 2019 HSTPA.\n\nThe Good Cause Eviction law (RPL Article 6-A) applies in NYC and in localities that opt in. For covered units, a rent increase above the lesser of 5% plus CPI or 10% is presumptively unreasonable and can defeat an eviction for nonpayment of the increase.", "local_control_preempted": false, "rent_regulation_preemption": { "topic_verified": "2026-08-12", "posture": "not_preempted", "posture_qualifier": null, "citations": [ { "statute": "Emergency Tenant Protection Act of 1974 § 3 (Unconsol. Laws § 8623)", "url": "https://www.nysenate.gov/legislation/laws/ETP/3", "official": true, "pinpoint": null } ], "summary_plain": "New York expressly authorizes local rent regulation — any city, town, or village may opt into rent stabilization under the Emergency Tenant Protection Act by declaring a housing emergency where the rental vacancy rate is five percent or less, an option the 2019 Housing Stability and Tenant Protection Act extended statewide." }, "frequency_limits": null, "citations": [ { "statute": "RPL 226-c", "url": "https://www.nysenate.gov/legislation/laws/RPP/226-C", "official": true, "pinpoint": "(1)-(2)" }, { "statute": "RPL Art. 6-A (Good Cause Eviction, incl. 216)", "url": "https://www.nysenate.gov/legislation/laws/RPP/A6-A", "official": true, "pinpoint": null } ], "summary_plain": "New York landlords must give written notice before raising rent 5% or more (or declining to renew): 30 days for tenancies under one year, 60 days at one to two years, and 90 days at two years or more, counting the longer of occupancy or lease term. If the notice is late, the tenant may stay at the old rent until the full notice period runs. New York is a rent-regulated state — rent-stabilized and rent-controlled units follow DHCR and Rent Guidelines Board limits instead of the market — and the 2024 Good Cause Eviction law makes increases above the lesser of 5% plus inflation or 10% presumptively unreasonable in covered units in NYC and opt-in localities. Local rent regulation is expressly authorized, not preempted.", "notes": [ { "label": "30 days is the bottom rung of a 30/60/90 ladder", "text": "RPL 226-c governs rent increases directly — unlike states where the figure is derived from termination-notice rules — and 30 days is only its minimum tier. The full 30/60/90-day ladder, keyed to length of tenancy, is what actually applies." }, { "label": "Increases under 5% need no statutory notice in unregulated units", "text": "The RPL 226-c notice requirement is triggered only at 5% or more, so a smaller increase on an unregulated unit carries no statutory notice period." }, { "label": "Good Cause Eviction does not cover every unit", "text": "The Good Cause Eviction rules carry coverage exemptions — small landlords, newer buildings, and high-rent units among them — so the increase standard does not reach all tenancies in a covered locality." } ] }, "late_fees": { "topic_verified": "2026-08-12", "statutory_cap": "$50 or 5% of the monthly rent, whichever is less", "grace_period_days": 5, "must_be_in_lease": true, "daily_fees_allowed": "Daily fees are effectively prohibited beyond the cap, because total late charges for one late payment can never exceed the lesser of $50 or 5% of monthly rent.\n\nDisguised structures, such as 'discounts' for on-time payment, have been struck down as illegal late fees.", "reasonableness_standard": null, "citations": [ { "statute": "RPL 238-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/238-A", "official": true, "pinpoint": "(2), (2-a), (3)" }, { "statute": "GOL 5-328(3) (dishonored-check charge; subdivision (3)(b) added by Ch. 431 of the Laws of 2025, A56-B)", "url": "https://www.nysenate.gov/legislation/laws/GOB/5-328", "official": true, "pinpoint": "(3)(a)-(b)" } ], "summary_plain": "New York caps residential late fees at $50 or 5% of the monthly rent, whichever is less, and no fee may be demanded unless rent remains unpaid five days after its due date — a statutory grace period that applies statewide. Any lease provision waiving or limiting these protections is void as against public policy, and courts have struck down workarounds such as inflated rents with 'on-time discounts' as disguised late fees. Late fees also cannot be recovered as 'rent' in a summary nonpayment eviction proceeding (RPAPL 702), so they must be pursued separately. Cooperative housing corporations have a limited carve-out allowing up to 8% of the monthly maintenance fee where the proprietary lease provides for it. Bounced-check fees run on their own track since October 16, 2025: no charge at all unless the lease provides for one, capped at the greater of the landlord's actual returned-check cost or $20, with substantiation owed on request above $20 (RPL 238-a(2-a)).", "notes": [ { "label": "The cap and the grace period both date to the 2019 HSTPA", "text": "New York's $50-or-5% ceiling and its five-day grace period were created by the 2019 Housing Stability and Tenant Protection Act." }, { "label": "The lease requirement is contract law — and the cap beats the lease", "text": "A late fee the lease does not provide for cannot be demanded at all, which is ordinary contract law rather than a late-fee statute. The statutory cap then applies even to fees the lease does spell out." }, { "label": "No reasonableness test — the hard cap supersedes it", "text": "The blank reasonableness field reflects that New York's fixed cap displaces any general reasonableness analysis of the fee, rather than meaning no standard exists." }, { "label": "Bounced-check fees got their own rule in late 2025", "text": "Since October 16, 2025, RPL 238-a(2-a) (added by Ch. 431 of the Laws of 2025) bars any charge for a rent check dishonored for insufficient funds unless the lease provides for one, and caps a lease-based charge at the greater of the landlord's actual returned-check costs or the $20 figure in GOL 5-328(3) — with the landlord obliged, on the tenant's request, to substantiate any charge above $20 against its actual costs. A companion amendment, GOL 5-328(3)(b), gives landlords express authority to collect the charge on those same terms, resolving the old uncertainty about residential-rent NSF fees. The rule does not apply to a co-op shareholder's own maintenance, but does protect a shareholder's tenants and subtenants. This is a separate clock and cap from the $50-or-5% late-fee ceiling." } ] }, "entry_notice": { "notice_hours": null, "notice_standard": "No New York statute sets a fixed advance-notice period for landlord entry. The controlling standard is reasonable prior notice at a reasonable time, with the tenant's consent for non-emergency entry.\n\nThat standard is grounded in the covenant of quiet enjoyment and case law. The NY Attorney General's official guidance treats roughly 24 hours as reasonable for inspections and about one week for repairs, with no notice needed in emergencies.", "permitted_reasons": "A landlord may enter to provide necessary or agreed repairs or services, to enter as the lease provides, and to show the unit to prospective purchasers or tenants.\n\nEach of those entries takes reasonable notice, at reasonable times, and the tenant's consent, which may not be unreasonably withheld. The landlord's remedy for a refusal is a court order, not forced entry.", "emergency_exception": true, "time_of_day_restrictions": null, "citations": [ { "statute": "NY Attorney General, Residential Tenants' Rights Guide (official guidance; no entry-notice statute exists)", "url": "https://ag.ny.gov/publications/residential-tenants-rights-guide", "official": true, "pinpoint": null }, { "statute": "RPL 235-b (warranty of habitability / possessory-rights framework)", "url": "https://www.nysenate.gov/legislation/laws/RPP/235-B", "official": true, "pinpoint": null } ], "summary_plain": "New York has no statute requiring a specific number of hours' notice before a landlord enters an occupied unit; the statewide standard is reasonable prior notice, at a reasonable time, with the tenant's consent, except in emergencies. The Attorney General's official guidance treats about 24 hours as reasonable for inspections and about a week for planned repairs, and courts enforce the standard through the covenant of quiet enjoyment — a landlord without a reserved right of entry has no common-law right to enter at all. Leases commonly specify 24 or 48 hours, and rent-stabilized units and some localities layer on additional access rules.", "notes": [ { "label": "The 24-hour figure is official guidance, not a statute", "text": "The blank hours field means no New York statute fixes an entry-notice period. The roughly 24 hours commonly quoted comes from the Attorney General's guidance, and the distinction between guidance and statutory text matters." }, { "label": "RPL 235-b is not an entry statute", "text": "The Attorney General's guide is the official state source articulating the reasonable-notice standard. RPL 235-b is cited alongside it as the statutory framework for the tenant's possessory rights, not as a source of any entry-notice rule." }, { "label": "Local rules layer on top — and are not captured here", "text": "Local ordinances, including New York City's rules on showings of rent-stabilized units, are outside the scope of this page. Check local law in addition to the statewide standard." } ] }, "eviction_process": { "topic_verified": "2026-08-12", "notice_nonpayment_days": 14, "notice_nonpayment_rules": "Before filing a nonpayment case the landlord must serve a written demand for the rent requiring the tenant, in the alternative, to pay or to give up possession (RPAPL 711(2)). The pre-2019 three-day demand, and the oral-demand option, are gone.\n\nThe statute requires that 'a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises,' served as prescribed in RPAPL 735 (personal delivery; substituted delivery to a suitable person residing or employed at the property; or conspicuous-place service — each of the latter two followed by certified AND first-class mailings, with service complete on filing proof of service). The 2019 HSTPA put this written 14-day demand in place of the old 3-day demand.\n\nDays are CALENDAR days: the General Construction Law counts 'calendar days exclusive of the calendar day from which the reckoning is made' (GCL 20), and a period ending on a Saturday, Sunday, or public holiday rolls to the next business day (GCL 25-a).\n\nA separate, earlier duty applies as well: if rent is not received within FIVE days of the due date, the landlord must send a certified-mail notice of nonpayment, and failure to send it 'may be used as an affirmative defense' in the nonpayment eviction (RPL 235-e(d)).\n\nThe cure ladder is unusually tenant-favorable and runs to the very end. Payment of the full rent due at any time PRIOR TO THE HEARING 'shall be accepted by the landlord and renders moot' the nonpayment ground (RPAPL 731(4)). Even after judgment and warrant, the court SHALL vacate the warrant on tender or deposit of the full rent due at any time before execution, unless the landlord shows the rent was withheld in bad faith (RPAPL 749(3)).\n\nOnly 'rent' — the amount charged for use and occupancy — may be sought in the proceeding; late fees and other charges cannot be added regardless of lease language (RPAPL 702).", "notice_lease_violation_days": null, "notice_lease_violation_rules": "No statewide statute sets a pre-filing cure-or-quit period for lease violations in unregulated tenancies. A holdover for breach rests on terminating the tenancy under the lease's own notice-to-cure and termination clauses, and for rent-regulated units on DHCR regulatory notices.\n\nThe statutory cure right instead arrives POST-JUDGMENT: where the proceeding 'is based upon a claim that the tenant or lessee has breached a provision of the lease, the court shall grant a thirty day stay of issuance of the warrant, during which time the respondent may correct such breach' (RPAPL 753(4), extended from 10 to 30 days by the 2019 HSTPA and applicable statewide).\n\nMonth-to-month termination predicates are separate again: 30 days' written notice in NYC (RPL 232-a); outside NYC, RPL 232-b as amended now governs the TENANT's (and non-residential landlord's) one-month notice, while a residential landlord's termination or non-renewal statewide runs through the RPL 226-c ladder — 30/60/90 days keyed to length of occupancy, as set out in the rent-increase notice rules on this page.", "unconditional_quit_grounds": "Use of the premises 'as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade or manufacture, or other illegal business' is itself a ground for a summary proceeding (RPAPL 711(5)) with no statutory cure period. Under RPAPL 715, an owner or tenant within 200 feet, a corporation organized for the suppression of vice, or an authorized enforcement agency may serve notice on the owner/landlord requiring a removal proceeding; if the owner fails to apply within five days or to prosecute in good faith, the notice-giver may bring the proceeding directly. New York otherwise has no Arizona-style 'material and irreparable breach' fast track — non-illegal-use breaches go through holdover procedure with the RPAPL 753(4) 30-day post-judgment cure stay.", "court_and_action": "A 'special proceeding' to recover possession of real property under RPAPL Article 7 — commonly a 'summary proceeding,' filed as a nonpayment or holdover petition. Venue lies where the property sits; the courts are the county court, a village police justice's court, a justice (town/village) court, a court of civil jurisdiction in a city (in New York City, the Civil Court's Housing Part), or a district court (RPAPL 701). Commenced by petition and notice of petition (RPAPL 731); CPLR special-proceeding rules fill the gaps.", "filing_to_hearing": "Two tracks. NONPAYMENT, in courts whose appellate-division rules adopt RPAPL 732 (including the New York City Civil Court): the notice of petition is returnable before the clerk within 10 days after service; the tenant has 10 days from service to answer; if the tenant answers, trial is set 'not less than three nor more than eight days after joinder of issue'; if the tenant defaults, 'the judge shall render judgment in favor of the petitioner and may stay the issuance of the warrant for a period of not to exceed ten days' (RPAPL 732). HOLDOVERS, and nonpayment where 732 is not adopted: the notice of petition and petition are served 'at least ten and not more than seventeen days before the time at which the petition is noticed to be heard' (RPAPL 733(1)).", "writ_and_lockout": "The possession writ is the 'warrant of eviction,' directed to the sheriff, or to a constable or marshal of the city or town (in NYC, city marshals), describing the property and stating the earliest execution date (RPAPL 749(1)). In a contested nonpayment case under RPAPL 732, issuance of the warrant may not be stayed more than 5 days from the determination except under RPAPL 753; after default, any stay is capped at 10 days. Execution is slow by design: the officer 'shall give at least fourteen days' notice, in writing' before evicting, must execute 'on a business day between the hours of sunrise and sunset,' and must check for companion animals and arrange their care (RPAPL 749(2), as rewritten by the 2019 HSTPA — the old 72-hour notice is gone). In New York City the marshal must also post the notice of eviction and file it electronically with the court (RPAPL 749-a) — a duty in force through June 30, 2028, its sunset having been extended from June 30, 2026 by Chapter 137 of the Laws of 2026. The court retains power to stay or vacate the warrant 'for good cause shown prior to the execution thereof,' must vacate it on tender or deposit of the full rent due before execution absent bad-faith withholding (RPAPL 749(3)), may stay issuance up to ONE YEAR for extreme hardship conditioned on ongoing rent deposits into court (RPAPL 753(1)-(2), inapplicable if the tenant is shown to be objectionable), and must grant the 30-day cure stay in lease-breach holdovers (753(4)). Waivers of 753's protections are void (753(5)).", "appeal_window_days": 30, "timeline_uncontested": "Roughly 38 days from serving the rent demand to the earliest lawful lockout, or five and a half to six and a half weeks once service, filing, and warrant-processing days are added. That is a statutory minimum, not a promise.\n\nThe minimum is derived from the figures on this page. The chain runs: a certified-mail nonpayment notice after day 5 (RPL 235-e(d)), then the 14-day written rent demand (RPAPL 711(2)), then the petition filed and the notice of petition served, returnable within 10 days, with the tenant's 10-day answer window (RPAPL 732), then default judgment and issuance of the warrant (the discretionary stay of up to 10 days assumed waived), then the officer's mandatory 14 days' written notice, and finally the lockout on a business day between sunrise and sunset (RPAPL 749(2)) — that is, 14 + 10 + 14 = 38 days.\n\nContested cases (3-8-day trial setting, adjournments), the pay-and-stay rights running through execution, hardship stays up to a year under RPAPL 753, and NYC Housing Part congestion all extend it, often substantially.", "self_help_prohibited": true, "self_help_rules": "Locking a tenant out, shutting off essential services, or using force is 'unlawful eviction' in New York — a class A misdemeanor, with each violation a separate offense (RPAPL 768(1)). The only lawful removal path is a warrant of eviction executed by the sheriff, constable, or marshal.\n\nThe offense reaches evicting or attempting to evict an occupant who has lawfully occupied the unit for 30 consecutive days or longer, or who holds a lease, by force or threat of force, by interrupting or discontinuing essential services or other conduct disturbing the occupant's comfort, repose, peace or quiet, or by lockout-type conduct such as removing the occupant's possessions, removing the entrance door, or changing the locks without providing a key (RPAPL 768(1), added statewide by the 2019 HSTPA).\n\nCivil penalties run 'not less than one thousand nor more than ten thousand dollars for each violation,' the owner must take all reasonable and necessary action to restore the occupant on request, and failure to restore draws up to $100 per day for up to six months (RPAPL 768(2)). Separately, a person disseized or put out of real property 'in a forcible or unlawful manner' may 'recover treble damages in an action' against the wrongdoer (RPAPL 853).", "citations": [ { "statute": "RPAPL 711", "url": "https://www.nysenate.gov/legislation/laws/RPA/711", "official": true, "pinpoint": "(2), (5)" }, { "statute": "RPAPL 731", "url": "https://www.nysenate.gov/legislation/laws/RPA/731", "official": true, "pinpoint": "(4)" }, { "statute": "RPAPL 732", "url": "https://www.nysenate.gov/legislation/laws/RPA/732", "official": true, "pinpoint": null }, { "statute": "RPAPL 733", "url": "https://www.nysenate.gov/legislation/laws/RPA/733", "official": true, "pinpoint": "(1)" }, { "statute": "RPAPL 735", "url": "https://www.nysenate.gov/legislation/laws/RPA/735", "official": true, "pinpoint": "(1)-(2)" }, { "statute": "RPAPL 749", "url": "https://www.nysenate.gov/legislation/laws/RPA/749", "official": true, "pinpoint": "(1)-(3)" }, { "statute": "RPAPL 749-a (NYC marshal posting and e-filing duty; sunset extended to 2028-06-30 by Ch. 137 of the Laws of 2026, A10338)", "url": "https://www.nysenate.gov/legislation/bills/2025/A10338", "official": true, "pinpoint": null }, { "statute": "RPAPL 753", "url": "https://www.nysenate.gov/legislation/laws/RPA/753", "official": true, "pinpoint": "(1)-(5)" }, { "statute": "RPAPL 768", "url": "https://www.nysenate.gov/legislation/laws/RPA/768", "official": true, "pinpoint": "(1)-(2)" }, { "statute": "RPAPL 853", "url": "https://www.nysenate.gov/legislation/laws/RPA/853", "official": true, "pinpoint": null }, { "statute": "RPAPL 702", "url": "https://www.nysenate.gov/legislation/laws/RPA/702", "official": true, "pinpoint": "(1)" }, { "statute": "RPL 235-e", "url": "https://www.nysenate.gov/legislation/laws/RPP/235-E", "official": true, "pinpoint": "(d)" }, { "statute": "CPLR 5513", "url": "https://www.nysenate.gov/legislation/laws/CVP/5513", "official": true, "pinpoint": "(a)" } ], "summary_plain": "New York's eviction process — a 'summary proceeding' under RPAPL Article 7 that is anything but summary since the 2019 HSTPA — starts, for nonpayment, with a certified-mail notice once rent is five days late and then a written 14-day rent demand (the old 3-day/oral demand is gone). The case is filed as a nonpayment or holdover petition in the local court (in New York City, the Civil Court's Housing Part); on the nonpayment fast track the tenant has 10 days to answer, trial comes 3 to 8 days after an answer, and a default produces judgment with at most a 10-day stay. The tenant can stop a nonpayment case cold by paying the full rent due — payment before the hearing must be accepted and moots the case, and even after judgment the court must vacate the warrant if the full rent is tendered any time before the lockout, unless the rent was withheld in bad faith. Only rent, never late fees, can be collected in the proceeding. The warrant of eviction is executed by a sheriff, constable, or marshal who must first give 14 days' written notice and may act only on a business day between sunrise and sunset — so even a flawless uncontested case runs roughly five and a half to six and a half weeks from rent demand to lockout. Lease-breach holdovers carry a mandatory 30-day post-judgment cure window, courts can stay eviction up to a year for extreme hardship (with rent deposited into court), and appeals follow the ordinary 30-day civil window. Self-help is criminal: lockouts, utility shutoffs, or force against anyone in lawful occupancy 30 days or more is a class A misdemeanor carrying $1,000-$10,000 civil penalties per violation, a duty to restore the tenant, and exposure to treble damages.", "notes": [ { "label": "Stale-source trap: the 3-day demand and 72-hour notice are dead", "text": "The pre-2019 three-day rent demand and 72-hour warrant notice still saturate secondary sources. Both are now 14 days, and the rent demand must be WRITTEN." }, { "label": "Calendar days, with weekend and holiday deadlines rolling forward", "text": "Periods are counted in calendar days, excluding the day from which the reckoning is made, and a deadline landing on a Saturday, Sunday or public holiday rolls to the next business day (GCL 20, 25-a). The eviction article itself is silent on counting, so the General Construction Law controls." }, { "label": "The 10-day answer track is not statewide", "text": "RPAPL 732 applies only in courts whose appellate-division rules adopt it — they do for the New York City Civil Court and most local civil courts. Elsewhere the RPAPL 733(1) 10-to-17-day window governs, so the 10-day answer should never be stated as a universal New York rule." }, { "label": "The 30-day appeal window is the general civil rule, not an eviction rule", "text": "It comes from CPLR 5513(a) and runs from service of the judgment with notice of entry, not from any eviction-specific event. A stay pending appeal is not automatic." }, { "label": "Good Cause disclosures ride in the rent demand — and carry a sunset", "text": "RPAPL 711(2) currently also requires Good Cause Eviction disclosures (RPL art. 6-A) in the rent demand, and the current version of the statute carries a sunset structure — it is 'effective until June 15, 2034.' Good Cause applies in New York City and in localities that opt in; it is flagged here, not built into the figures." }, { "label": "COVID-era stays and defenses are deliberately left out", "text": "ERAP stays and the Tenant Safe Harbor Act's pandemic defenses are expired or exhausted, and are not reflected anywhere on this page." }, { "label": "Rent-regulated tenancies carry DHCR notices on top", "text": "Rent-stabilized and rent-controlled tenancies require DHCR regulatory predicate notices — a notice to cure, for example — in addition to everything described here. Their existence is flagged; their figures are not shown here." }, { "label": "Manufactured-home parks are a separate scheme", "text": "Manufactured-home parks run on RPL 233, with materially different timelines. That scheme is out of scope for this page and should not be conflated with the figures here." }, { "label": "No statewide cure period for lease violations — silence, not zero", "text": "The lease-violation field is blank because no statewide statute prescribes a pre-filing cure-or-quit period for unregulated tenancies. New York's 30-day cure right instead arrives after judgment, under RPAPL 753(4)." }, { "label": "The uncontested timeline is a derivation, never a promise", "text": "It is built by adding the statutory minimums cited here and must be read with that framing — a floor, not a forecast for any particular case." }, { "label": "Source and currency of these figures", "text": "Every figure here reflects the official text of RPAPL 711, 731, 732, 733, 735, 749, 753, 768, 853, 702 and 715, RPL 235-e, 232-a and 232-b, CPLR 5513(a), and GCL 20 and 25-a as published on nysenate.gov and current to July 21, 2026. The four statutes the answers rest on — RPAPL 711, 732, 733 and 749 — are quoted from that official text word for word. The RPAPL 749-a posting and e-filing duty and its 2028 sunset reflect Chapter 137 of the Laws of 2026 as published on nysenate.gov on August 12, 2026." } ] }, "mobile_home_parks": { "topic_verified": "2026-08-18", "verified_by_method": "Direct read of N.Y. Real Property Law § 233, § 233-a and § 233-b on nysenate.gov, section by section, together with the Article 7 section list, the official bill pages for L 2023, ch. 593 (S5881-A) and for the 2025-2026 session bills S228-A/A340-A, S7343 and S8698, the Governor's October 25, 2023 signing release, and the NYS Homes and Community Renewal tenants' rights summary. Chapter numbers for the 2019 and April 2024 changes are not stated on the official statute pages and are not claimed here.", "tier": 1, "act_name": "Manufactured home parks; duties, responsibilities", "act_citation": "N.Y. Real Property Law § 233, with § 233-a and § 233-b", "fallback_act": null, "fields": { "enforcement_agency": { "status": "regulated", "value": "The Commissioner of Housing and Community Renewal, at New York State Homes and Community Renewal.", "detail": "Every park owner or operator files a registration statement with the Commissioner each year on or before January 1, listing the people who own an interest in the park, the tenants, the services the owner provides and the current park rules. The Commissioner may bring a special proceeding for an injunction, a court may impose a civil penalty of up to $1,500 for each violation, and the Commissioner publishes an annual report of the registration data on its website without personally identifying anyone.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(v)" } ], "effective_from": null, "sub_state_variation": null }, "private_right_of_action": { "status": "regulated", "value": true, "detail": "A tenant may sue for damages actually incurred from a breach of the section, or raise the same claim as a counterclaim in a proceeding the park owner brings. Where a lease gives the park owner attorney's fees, the tenant has the same right by implied covenant.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(u)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(o)" } ], "effective_from": null, "sub_state_variation": null }, "min_park_size_lots": { "status": "regulated", "value": 3, "detail": "A manufactured home park is a contiguous parcel of privately owned land used for three or more manufactured homes occupied for year-round living.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(a)(3)" } ], "effective_from": null, "sub_state_variation": null }, "secondary_thresholds": { "status": "regulated", "value": [ { "lots": 4, "effect": "The retaliation protections and the right to sublease apply only in parks with four or more manufactured homes." }, { "lots": 6, "effect": "Where the park has six or more lots, a lot deposit must go into an interest-bearing account and the interest belongs to the tenant, less one percent a year for administration." } ], "detail": "The act itself reaches parks of three or more homes; two of its rules switch on at four homes and one at six lots.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(n)(3)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(t)(2)(a)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(g)(4)(c)" } ], "effective_from": null, "sub_state_variation": null }, "covers_park_owned_rental_homes": { "status": "regulated", "value": "partly_covered", "detail": "A manufactured home tenant is defined as someone who rents a lot for their own home or who rents a manufactured home in the park from the park owner, so both are inside the act. The rules are not identical: where the person rents the home itself, an eviction warrant may be executed on 72 hours' written notice rather than the longer periods that apply to a lot tenant. Rent-to-own contracts have their own set of requirements.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(a)(1)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(d)(4)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(y)" } ], "effective_from": null, "sub_state_variation": null }, "covers_rv_park_model": { "status": "regulated", "value": "excluded", "detail": "The park definition counts only homes occupied for year-round living, the manufactured home definition follows the federal construction standard for size and permanent chassis, and the mobile home definition covers units designed for residential purposes and excludes travel trailers. Campgrounds are dealt with in a separate section of the same article.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(a)(3)-(5)" } ], "effective_from": null, "sub_state_variation": null }, "local_mhp_rent_regulation": { "status": "regulated", "value": "no_express_statute", "detail": "New York sets the limit on lot-rent increases at the state level. The scope subdivision of the rent-increase section says only which parks the section applies to and exempts parks under a government agreement that preserves affordable housing or otherwise limits increases; neither it nor the main act says whether a city, town or village may regulate park lot rents.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-b", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-B", "official": true, "pinpoint": "(1)" } ], "effective_from": null, "sub_state_variation": null }, "rent_increase_notice_days": { "status": "regulated", "value": 90, "detail": "No rent, fee, charge or assessment may be increased unless the notice states the date the increase takes effect, and that date must be at least 90 days after written notice to every tenant.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(g)(3)" } ], "effective_from": null, "sub_state_variation": null }, "rent_increase_frequency_limit": { "status": "regulated", "value": "Once in any year. Rent and other fees, charges and assessments may not be increased more than once a year.", "detail": "The limit covers fees, charges and assessments as well as rent, so a mid-year fee increase counts against the same annual allowance.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(x)(1)" } ], "effective_from": null, "sub_state_variation": null }, "rent_increase_cap": { "status": "regulated", "value": { "instrument": "Percentage limit with a stated-justification exception and an outer ceiling a court may lift only for temporary hardship", "rate": "3%; higher only on one of three stated justifications, and never above 6% unless a court approves a temporary hardship increase, which may not run more than six months", "base": "The rent since the current rent became effective, where rent means all costs, including all rent, fees, charges, assessments and utilities", "exemptions": "Homes in parks subject to an agreement with a government body that preserves affordable housing or otherwise limits rent increases", "escalator": null, "sunset": null, "headline": "3%, or up to 6% on a stated justification" }, "detail": "The three justifications that allow an increase above 3% are a rise in the park owner's operating expenses, a rise in the park's property taxes, and costs directly related to capital improvements in the park. An increase that does not exceed the tenant's pro-rata share of operating costs and property taxes is treated as justifiable and cannot be disputed on that point.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-b", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-B", "official": true, "pinpoint": "(1)-(2)" }, { "statute": "N.Y. Real Prop. Law § 233-b", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-B", "official": true, "pinpoint": "(5)-(6)" } ], "effective_from": null, "sub_state_variation": null }, "rent_increase_challenge_mechanism": { "status": "regulated", "value": "A homeowner may challenge an increase above 3% as unjustified by filing an action for a declaratory judgment within 90 days of the proposed increase, in the court with jurisdiction where the park is located.", "detail": "Several homeowners may join one action where they share a question of law and fact. While the challenge is pending the tenant pays the increase to the park owner, who holds it in escrow until the parties reach a mediated agreement or the court decides; a park owner who fails to escrow the disputed amount faces a civil penalty of up to $500. No tenant may be evicted for not paying the increase before the court finally disposes of the matter. The court may also condition its approval of an increase on the park owner correcting conditions that threaten a tenant's health and safety.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-b", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-B", "official": true, "pinpoint": "(3)-(4)" }, { "statute": "N.Y. Real Prop. Law § 233-b", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-B", "official": true, "pinpoint": "(7)-(8)" } ], "effective_from": null, "sub_state_variation": null }, "entrance_fee_prohibited": { "status": "regulated", "value": true, "detail": "The act does not use the term entrance fee. It permits a tenant to be charged for rent, utilities and facilities and services available to the tenant, and nothing else, and every fee, charge or assessment must be reasonably related to services actually rendered. A park owner also may not require a tenant to buy skirting, tie-down or other equipment from the park, charge a fee solely for installing an appliance, require the purchase of commodities or services as a condition of placement or rental, or require that the home be bought from the park owner or a person the park owner names.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(g)(1)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(h)(1)-(4)" } ], "effective_from": null, "sub_state_variation": null }, "exit_fee_prohibited": { "status": "not_regulated", "value": null, "detail": "The fees subdivision, which lists what a tenant may be charged, does not name a removal, exit or move-out fee, and no other part of the act addresses one. What applies instead is the general rule that the only permitted charges are rent, utilities and charges for facilities and services, each reasonably related to services actually rendered, together with the separate bar on the park taking a commission on the sale of a home.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(g)(1)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(i)(2)" } ], "effective_from": null, "sub_state_variation": null }, "undisclosed_fees_uncollectible": { "status": "not_regulated", "value": null, "detail": "The park owner must disclose all fees, charges, assessments and rules in writing before entering into a rental agreement, but the act does not say that a fee left out of that disclosure cannot be collected. What applies instead is the tenant's action for damages and the Commissioner's enforcement powers.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(g)(2)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(u)" } ], "effective_from": null, "sub_state_variation": null }, "utility_billing_regulated": { "status": "regulated", "value": "A park may charge for utilities, and the charge must be reasonably related to the service actually rendered.", "detail": "A park owner who has agreed to supply hot or cold water, heat, light, power or another service and who willfully fails to do so without just cause is guilty of a violation. Utilities also count as rent for the purposes of the 3% limit on annual increases, so a utility charge cannot be raised outside that limit.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(g)(1)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(p)" }, { "statute": "N.Y. Real Prop. Law § 233-b", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-B", "official": true, "pinpoint": "(2)" } ], "effective_from": null, "sub_state_variation": null }, "submetering_required": { "status": "not_regulated", "value": null, "detail": "The fees and charges subdivision, which would carry it, says nothing about individual meters, submetering or the resale of a utility. What applies instead is the lease and the requirement that any utility charge be reasonably related to the service actually rendered.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(g)(1)" } ], "effective_from": null, "sub_state_variation": null }, "security_deposit_rules": { "status": "regulated", "value": "A lot deposit stays the tenant's money, is held in trust and may not be mixed with the park owner's own funds.", "detail": "Where the property has six or more lots, the deposit must go into an interest-bearing account at the prevailing rate; the interest belongs to the tenant, less one percent a year that the person holding the account may keep for administration. The act does not cap the amount of the deposit.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(g)(4)" } ], "effective_from": null, "sub_state_variation": null }, "written_lease_required": { "status": "regulated", "value": "required", "detail": "The park owner must offer every tenant, before occupancy, the chance to sign a lease of at least one year, and must renew the offer each year: by October 1 for a tenant without a current lease, or 90 days before an existing lease expires. A tenant who does not sign and return the lease within 30 days is treated as having declined it for the next twelve months, so the offer is mandatory but signing is not.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(e)" } ], "effective_from": null, "sub_state_variation": null }, "min_lease_term_offer_months": { "status": "regulated", "value": 12, "detail": "The lease the park owner must offer runs for a minimum of one year.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(e)" } ], "effective_from": null, "sub_state_variation": null }, "nonrenewal_notice_days": { "status": "not_regulated", "value": null, "detail": "There is no notice period for ending a lot tenancy without cause, because a park owner may not evict for anything other than the grounds the act lists. Refusing to renew a lease in retaliation is separately prohibited.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(n)(2)" } ], "effective_from": null, "sub_state_variation": null }, "rules_change_notice_days": { "status": "regulated", "value": 30, "detail": "A changed rule must name the date it takes effect, and that date must be at least 30 days after written notice to all tenants. Park rules must not be unreasonable, arbitrary or capricious, and applying a rule unevenly raises a presumption that it is unreasonable.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(f)(4)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(f)(1)" } ], "effective_from": null, "sub_state_variation": null }, "disclosure_document_required": { "status": "regulated", "value": "written_rules_and_terms", "detail": "Before entering into a rental agreement the park owner must disclose in writing all fees, charges and assessments, including rental fees, together with the park rules. New York does not prescribe a state-drafted disclosure form for this in the act.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(g)(2)" } ], "effective_from": null, "sub_state_variation": null }, "assembly_rights_protected": { "status": "regulated", "value": true, "detail": "A park owner may not serve a notice to quit, bring an eviction or alter the terms of the tenancy in retaliation for a tenant taking part in the activities of a tenants' organization. When a park is offered for sale, the notice to homeowners must tell them they have the right to organize an association or a cooperative for the park.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(n)(1)(c)" }, { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(3)(b)(iii)" } ], "effective_from": null, "sub_state_variation": null }, "entry_rule": { "status": "regulated", "value": "The park owner may enter a homeowner's manufactured home without consent only in an emergency, and may enter a home the park itself rents out during reasonable hours on reasonable notice.", "detail": "The act also requires the park owner to give reasonable notice, where practicable, to tenants who will be affected by any planned disruption of necessary services, and to keep an agent at or near the park so emergency response is available.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(j)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(k)-(l)" } ], "effective_from": null, "sub_state_variation": null }, "retaliation_prohibited": { "status": "regulated", "value": true, "detail": "A park owner may not serve a notice to quit or start an eviction in retaliation for a good faith complaint to a government authority about a health or safety violation, for a good faith attempt to secure or enforce rights under the lease or under federal, state or local law, or for taking part in a tenants' organization; nor may the park substantially alter the terms of the tenancy, including refusing to renew a lease, for those reasons. This protection applies in parks with four or more manufactured homes.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(n)(1)-(3)" } ], "effective_from": null, "sub_state_variation": null }, "just_cause_required": { "status": "regulated", "value": true, "detail": "A park owner may not evict a tenant for any reason other than those the act lists, and a tenant may raise the absence of a listed ground as an affirmative defense in an eviction case.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(c)" } ], "effective_from": null, "sub_state_variation": null }, "just_cause_grounds": { "status": "regulated", "value": [ "Default in the payment of rent, after a demand for the rent served with at least 30 days' written notice", "Use of the premises as a bawdy house or place of assignation, for prostitution, or for any illegal trade or business", "Violation of a federal, state or local law or ordinance that may be deemed detrimental to the safety and welfare of other people living in the park", "Violation of a lease term or park rule that continues more than ten days after written notice to correct it, or persistent violation", "A proposed change in the use of the park land, or part of it, from lot rentals to some other use" ], "detail": "The list is closed: these are the only grounds on which a lot tenancy may be ended.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(2)-(6)" } ], "effective_from": null, "sub_state_variation": null }, "nonpayment_notice_days": { "status": "regulated", "value": 30, "detail": "Before an eviction for nonpayment the park owner must serve a demand for the rent with at least 30 days' written notice, in the manner the eviction statute prescribes. If an eviction is ordered, the court must direct that the warrant be delivered with a further 30 days' written notice to the person to be evicted.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(2)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(d)(3)" } ], "effective_from": null, "sub_state_variation": null }, "rule_violation_notice_days": { "status": "regulated", "value": 10, "detail": "The written notice must name the lease term or rule broken and direct the tenant to correct it within ten days. Only if the violation continues past that period may the park owner serve a further written notice to vacate within 30 days.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(5)" } ], "effective_from": null, "sub_state_variation": null }, "repeat_violation_rule": { "status": "regulated", "value": "A tenant or occupant who is deemed a persistent violator of the lease terms or park rules may be served with a notice to vacate within 30 days, without a further chance to correct.", "detail": "The same subdivision that sets the ten-day correction period treats persistent violation as an alternative route to the 30-day notice to vacate.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(5)" } ], "effective_from": null, "sub_state_variation": null }, "home_removal_or_sale_period_days": { "status": "not_regulated", "value": null, "detail": "The termination and eviction subdivisions set no separate window to sell or move the home after a tenancy ends. What applies instead are the notice periods before an eviction warrant may be carried out: at least 90 days as standard, 30 days where the conditions behind the eviction pose an imminent threat to the health, safety or welfare of other tenants, 30 days for nonpayment, and 72 hours where the person rents the home itself. The right to sell the home in place runs alongside those periods.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(d)(1)-(4)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(i)(1)" } ], "effective_from": null, "sub_state_variation": null }, "abandonment_procedure_exists": { "status": "not_regulated", "value": null, "detail": "The termination and eviction subdivisions carry no procedure for a home left behind in the park, and no other part of the act supplies one. What applies instead is general New York law outside this act.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)-(d)" } ], "effective_from": null, "sub_state_variation": null }, "mandatory_mediation": { "status": "not_regulated", "value": null, "detail": "Neither the main act nor the rent-increase section requires mediation or arbitration. The rent-increase section mentions mediation only as one way a dispute may end: money the tenant pays into escrow is held until the parties reach a mediated agreement or the court decides.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-b", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-B", "official": true, "pinpoint": "(8)" } ], "effective_from": null, "sub_state_variation": null }, "change_of_use_notice_months": { "status": "regulated", "value": 24, "detail": "Eviction proceedings based on a change of use may not begin until two years after the notice of the proposed change is served. The notice must tell the homeowner of the proposed change and of the need to find other accommodation, must go at the same time to every other homeowner and tenant who will have to move, and must be served in the manner the eviction statute prescribes or by certified mail with return receipt requested.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(6)" } ], "effective_from": null, "sub_state_variation": null }, "change_of_use_variants": { "status": "regulated", "value": [ { "trigger": "Change of use of the park land, or part of it, from lot rentals to another use", "notice": "Two years from service of the notice of proposed change of use", "detail": "The notice goes to the homeowner and, at the same time, to every other homeowner or tenant who will have to find other accommodation." }, { "trigger": "Park bought by a purchaser who certified that it did not intend to change the use of the land", "notice": "Sixty months from the closing on the sale", "detail": "No change-of-use eviction may begin until that period runs. The certification this rule refers to was part of the park-sale section before that section was rewritten in October 2023 and no longer appears there." } ], "detail": "The two-year rule is the general one; the sixty-month rule applies where a purchaser had given the certification the act describes.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(6)(i)-(ii)" } ], "effective_from": null, "sub_state_variation": null }, "relocation_payment_required": { "status": "regulated", "value": true, "detail": "On a change of use the park owner must provide each homeowner a stipend of up to $15,000 under a court order, and an eviction warrant may not be carried out until the stipend has been paid. The court sets the amount, weighing the cost of relocating, the number of homes affected, the purchase price and value of the property, development rights and other relevant factors.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(6)(iii)" } ], "effective_from": null, "sub_state_variation": null }, "relocation_payment_amounts": { "status": "regulated", "value": [ { "label": "Change-of-use stipend per homeowner", "amount": "Up to $15,000", "basis": "Paid by the park owner under a court order; the amount is set by the court and an eviction warrant may not be carried out until it is paid." } ], "detail": "The figure is a ceiling set by the act, not a fixed payment, and it is not tied to an index.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(6)(iii)(A)" } ], "effective_from": null, "sub_state_variation": null }, "relocation_payer": { "status": "regulated", "value": "park_owner", "detail": "The act places the stipend on the park owner or operator.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(6)(iii)" } ], "effective_from": null, "sub_state_variation": null }, "government_notice_on_closure_required": { "status": "not_regulated", "value": null, "detail": "The change-of-use paragraph requires notice only to the homeowners and tenants who will have to move; it does not require notice to a state or local body. Notice to the Commissioner of Housing and Community Renewal is required when a park is offered for sale, not when it closes.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(6)" }, { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(3)(a)(iii)" } ], "effective_from": null, "sub_state_variation": null }, "park_sale_notice_required": { "status": "regulated", "value": true, "detail": "When the park owner receives a bona fide offer it intends to accept or answer with a counteroffer, it must notify the officers of the homeowners' association, or, if none exists, every homeowner in the park, and must also notify the Commissioner of Housing and Community Renewal.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(3)(a)" } ], "effective_from": null, "sub_state_variation": null }, "park_sale_notice_trigger": { "status": "regulated", "value": "Taking any action to market or offer the park for sale, or receiving a bona fide offer the owner intends to accept or answer with a counteroffer.", "detail": "The acceptance or counteroffer must itself carry a notice saying it is subject to the homeowners' right to buy the park. The notice to homeowners must state the price, the material terms and conditions on which the owner would sell, that the homeowners may organize an association or a cooperative, that purchase financing may be available through New York State Homes and Community Renewal, and that they have 140 days to exercise the right to buy.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(2)" }, { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(3)(b)" } ], "effective_from": null, "sub_state_variation": null }, "resident_purchase_right": { "status": "regulated", "value": "right_of_first_refusal", "detail": "The association has the right to buy the park if it delivers an executed offer meeting the identical price, terms and conditions of the offer or counteroffer set out in the park owner's notice. During that period the park owner may not accept a final unconditional offer from anyone else.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(3)(c)(ii)" } ], "effective_from": null, "sub_state_variation": null }, "resident_response_days": { "status": "regulated", "value": 140, "detail": "Two deadlines run together. Within 60 days of the notice the homeowners must deliver a notice of intent to make an offer, and if they miss it the park owner has no further obligation. The executed matching offer is then due within 140 days of the notice. Where no association exists when the offer arrives, the 60-day notice of intent must be signed by more than half of all homeowners, who may then form an association and deliver the offer inside the same 140 days. If the park owner later decides to sell at a lower price or on substantially different terms, the homeowners get a further 30 days to match the revised terms.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(3)(c)(i)-(iv)" }, { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(3)(d)(i)-(iii)" } ], "effective_from": null, "sub_state_variation": null }, "association_threshold_pct": { "status": "regulated", "value": 50, "detail": "The association must take in more than fifty percent of all homeowners in the park, each having given written consent to forming it, and must have told the park owner it exists and given the names and addresses of its officers. The threshold is expressed as greater than fifty percent rather than a round majority figure.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(1)(b)" } ], "effective_from": null, "sub_state_variation": null }, "park_sale_exceptions": { "status": "regulated", "value": [ "A conveyance of an interest in the park incidental to financing the park", "Purchase of the park by a government body under its power of eminent domain" ], "detail": "These are the only two transfers the section takes outside its reach.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(4)" } ], "effective_from": null, "sub_state_variation": null }, "assignment_right": { "status": "not_regulated", "value": null, "detail": "The park-sale section gives the right to the homeowners themselves, acting through an association or a cooperative, and says nothing about handing it to a nonprofit, a municipality or a housing authority. It does tell homeowners that purchase financing may be available through New York State Homes and Community Renewal, and it adds that nothing in it forces the park owner to divide the land and sell it to individual homeowners.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(3)(b)(iv)" }, { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(5)" } ], "effective_from": null, "sub_state_variation": null }, "violation_penalty": { "status": "not_regulated", "value": null, "detail": "The park-sale section states no damages, penalty or remedy for breaking its rules; it ends with the provision about not dividing the land. The Commissioner's power to seek an injunction and the civil penalty of up to $1,500 for each violation sit in the main act and are written against violations of that section.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(5)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(v)" } ], "effective_from": null, "sub_state_variation": null }, "sale_in_place_protected": { "status": "regulated", "value": true, "detail": "A park owner may not deny a tenant the right to sell the home inside the park, provided the tenant gives 20 days' written notice of the intention to sell, and may not require the home to be moved out solely because it has been sold. The park may not keep a prospective buyer or a seller's representative out of the park unless it shows the restriction is needed to protect the park's property from substantial harm.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(i)(1)" } ], "effective_from": null, "sub_state_variation": null }, "sale_commission_prohibited": { "status": "regulated", "value": true, "detail": "The park may not take a commission or fee out of the price the seller realizes unless it acted as the seller's agent under a written contract.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(i)(2)" } ], "effective_from": null, "sub_state_variation": null }, "buyer_approval_allowed": { "status": "regulated", "value": true, "detail": "The park may reserve the right to approve the buyer as a tenant for the remainder of the seller's term, but that permission may not be unreasonably withheld.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(i)(1)" } ], "effective_from": null, "sub_state_variation": null }, "buyer_approval_standard": { "status": "regulated", "value": "Approval may not be unreasonably withheld, and a rejected buyer means the selling tenant must be told the reasons in writing.", "detail": "The act sets no deadline for the park's decision on a buyer. Where a tenant asks instead to sublet, the act does set one: the park has ten days to ask for more information and 30 days to respond, consent may not be unreasonably withheld, and failure to respond counts as consent.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(i)(1), (i)(3)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(t)" } ], "effective_from": null, "sub_state_variation": null }, "age_size_style_rejection_prohibited": { "status": "not_regulated", "value": null, "detail": "The subdivision on selling a home says nothing about the age, size or style of the home as a reason to refuse it. What applies instead is the requirement that approval of a buyer not be unreasonably withheld and that park rules not be unreasonable, arbitrary or capricious.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(i)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(f)(1)" } ], "effective_from": null, "sub_state_variation": null }, "presale_repairs_may_be_required": { "status": "not_regulated", "value": null, "detail": "The subdivision on selling a home does not address repairs, upgrades or improvements as a condition of a sale in place, and no other part of the act does. What applies instead is the lease and the park rules, which must not be unreasonable, arbitrary or capricious.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(i)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(f)(1)" } ], "effective_from": null, "sub_state_variation": null }, "for_sale_sign_protected": { "status": "regulated", "value": true, "detail": "The park may not prohibit a for sale sign on a home. It may set a maximum size by rule, so long as the rule allows a sign up to the smaller of three feet by two feet or the largest size the law allows.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(f)(5)" } ], "effective_from": null, "sub_state_variation": null } }, "fhfa_protections": { "p1": { "meets": true, "basis": "The park owner must offer every tenant a lease of at least one year before occupancy and renew that offer each year, eviction is limited to the grounds the act lists, and a retaliatory refusal to renew is prohibited.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(e), (b), (n)(2)" } ] }, "p2": { "meets": true, "basis": "New York requires at least 90 days' written notice before any increase in rent, fees, charges or assessments, and allows only one increase a year.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(g)(3), (x)(1)" } ] }, "p3": { "meets": true, "basis": "An eviction for nonpayment requires a demand for the rent served with at least 30 days' written notice, and no late charge may be imposed on a rent payment received within ten days of its due date.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(2), (r)" } ] }, "p4": { "meets": true, "basis": "A park owner may not deny a tenant the right to sell the home inside the park on 20 days' notice, and may not require the home to be moved out solely because it has been sold.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(i)(1)" } ] }, "p5": { "meets": "partial", "basis": "New York gives no window to sell the home in place after an eviction; it places the time before the eviction instead, requiring at least 90 days' notice before a warrant is carried out, and 30 days where the ground is nonpayment or an imminent health or safety threat.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(d)(1)-(3)" } ] }, "p6": { "meets": true, "basis": "The park may reserve the right to approve the buyer as a tenant for the remainder of the seller's term but may not unreasonably withhold it, and in parks with four or more homes a tenant also has a right to sublease on a ten-day information request and 30-day response, with silence counting as consent.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(i)(1), (t)" } ] }, "p7": { "meets": true, "basis": "A park may not prohibit a for sale sign on a home, and a size rule must still allow a sign up to the smaller of three feet by two feet or the largest size the law allows.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(f)(5)" } ] }, "p8": { "meets": true, "basis": "Homeowners must be notified when the park owner markets the park or receives an offer it intends to accept, with 140 days to exercise the right to buy, and a change of use requires two years' notice before eviction proceedings may begin.", "citations": [ { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": "(3)" }, { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": "(b)(6)" } ] } }, "pending_legislation": [ { "bill": "S228-A / A340-A", "summary": "Would require a park owner to give written justification, with supporting documentation available to residents on request, for any increase above three percent, and would require that ordinary maintenance or repair costs offered as justification be shown to have been necessary to meet the park owner's warranty of habitability obligation and no larger than the actual and reasonable cost of the work. It would also renumber the separate campgrounds section.", "status": "Passed the Senate on March 17, 2026 and the Assembly on April 20, 2026. The official bill pages record no later action, so it is not law.", "checked": "2026-08-18", "lifecycle": "passed_both_chambers", "signed_on": null, "effective_on": null }, { "bill": "S7343", "summary": "Would create a new category of lease-hold retirement community in a county of more than one million people that borders only one other county, and would apply the manufactured home park rent-increase rules to it.", "status": "In the Senate Judiciary Committee; referred January 7, 2026.", "checked": "2026-08-18", "lifecycle": "introduced", "signed_on": null, "effective_on": null }, { "bill": "S8698", "summary": "Would define the capital improvement costs that can justify an increase above three percent by reference to the definition in the Tax Law.", "status": "In the Senate Housing, Construction and Community Development Committee; referred January 7, 2026.", "checked": "2026-08-18", "lifecycle": "introduced", "signed_on": null, "effective_on": null } ], "citations": [ { "statute": "N.Y. Real Prop. Law § 233", "url": "https://www.nysenate.gov/legislation/laws/RPP/233", "official": true, "pinpoint": null }, { "statute": "N.Y. Real Prop. Law § 233-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-A", "official": true, "pinpoint": null }, { "statute": "N.Y. Real Prop. Law § 233-b", "url": "https://www.nysenate.gov/legislation/laws/RPP/233-B", "official": true, "pinpoint": null }, { "statute": "N.Y. Real Prop. Law art. 7 (section list)", "url": "https://www.nysenate.gov/legislation/laws/RPP/A7", "official": true, "pinpoint": null }, { "statute": "L 2023, ch. 593 (S5881-A) bill page", "url": "https://www.nysenate.gov/legislation/bills/2023/S5881", "official": true, "pinpoint": null }, { "statute": "S228-A bill page (2025-2026)", "url": "https://www.nysenate.gov/legislation/bills/2025/S228/amendment/A", "official": true, "pinpoint": null }, { "statute": "A340-A bill page (2025-2026)", "url": "https://www.nysenate.gov/legislation/bills/2025/A340/amendment/A", "official": true, "pinpoint": null }, { "statute": "S7343 bill page (2025-2026)", "url": "https://www.nysenate.gov/legislation/bills/2025/S7343", "official": true, "pinpoint": null }, { "statute": "S8698 bill page (2025-2026)", "url": "https://www.nysenate.gov/legislation/bills/2025/S8698", "official": true, "pinpoint": null }, { "statute": "NYS Homes and Community Renewal, summary of park tenants' rights under § 233", "url": "https://hcr.ny.gov/summary-new-york-state-manufactured-home-park-tenants-rights-under-section-233-real-property-law", "official": true, "pinpoint": null } ], "summary_plain": "New York regulates lot tenancies in manufactured home parks under Real Property Law § 233, one of the most detailed manufactured housing acts in the country: lot rent may rise only once a year, on at least 90 days' written notice, and by no more than three percent unless the park owner can point to higher operating expenses, higher property taxes or capital improvement costs. Even then the increase may not exceed six percent without a court-approved temporary hardship increase, and a homeowner has 90 days to ask a court to declare an increase above three percent unjustified, paying the disputed amount into escrow in the meantime without risk of eviction. A park owner may end a lot tenancy only on the grounds the act lists, and closing or changing the use of the park takes two years' notice plus a court-ordered stipend of up to $15,000 for each homeowner. When a park is offered for sale, § 233-a gives a homeowners' association representing more than half the homeowners the right to match the offer, with 60 days to signal intent and 140 days to deliver a matching offer.", "notes": [ { "label": "Which parks are covered", "text": "The act reaches any privately owned parcel accommodating three or more manufactured homes occupied for year-round living. Two of its rules have their own thresholds: the retaliation protections and the sublease right apply in parks with four or more homes, and the interest-bearing deposit rule applies where there are six or more lots." }, { "label": "Homes the park rents out are partly covered", "text": "Someone who rents a manufactured home from the park, rather than renting a lot for their own home, is a tenant under the act, but the eviction warrant in that case may be carried out on 72 hours' notice rather than the longer periods that protect a lot tenant. Rent-to-own contracts have their own requirements, including treble economic damages for a wrongful eviction." }, { "label": "Rent increases include fees and utilities", "text": "For the purposes of the three percent limit, rent means all costs, including rent, fees, charges, assessments and utilities, so a park cannot stay under the limit by moving costs into a separate charge. Parks under a government agreement that preserves affordable housing or otherwise limits increases are outside the rent-increase section." }, { "label": "The sixty-month rule cites a certification the sale rules no longer carry", "text": "The act bars a change-of-use eviction for sixty months after closing where the purchaser certified it did not intend to change the use of the land. That certification was part of the park-sale section before it was rewritten in October 2023 and no longer appears there." }, { "label": "The sale section carries no penalty of its own", "text": "Real Property Law § 233-a sets out the notice and the right to match but states no damages or penalty for a breach. The Commissioner's injunction power and the civil penalty of up to $1,500 for each violation belong to § 233." }, { "label": "What the act does not reach", "text": "There is no abandoned-home procedure, no rule on submetering, no window to sell or move a home after a tenancy ends, no bar on refusing a home because of its age, size or style, and no statute saying whether a city, town or village may regulate park lot rents." }, { "label": "Where the state numbers are published", "text": "Every park owner files a registration statement with New York State Homes and Community Renewal by January 1 each year, listing owners, tenants, services and current park rules, and the agency publishes an annual report of that data on its website without personally identifying anyone." } ] }, "application_screening_fees": { "topic_verified": "2026-08-25", "verified_by_method": "Direct read of the full text of N.Y. Real Property Law § 238-a and of General Business Law §§ 380-c, 380-i, 380-l and 380-m on the New York State Senate's Open Legislation site, together with General Obligations Law §§ 7-103 and 7-108 for the deposit boundary and the Real Property Law article 7 and General Business Law article 25 section lists for the negative sweep, plus a review of 2025 and 2026 session bills on the Legislature's own bill pages.", "application_fee_cap": "No application or processing fee is permitted. The only application-stage charge allowed is reimbursement for a background check and a credit check, capped for both together at the actual cost or $20, whichever is less.\n\nNew York bars a landlord, lessor, sub-lessor or grantor from demanding any payment for the processing, review or acceptance of an application, and from demanding any other payment before or at the start of the tenancy, unless another statute or regulation provides for that payment. The single exception written into the section is reimbursement for a background check and a credit check, and the two together may not exceed the actual cost or twenty dollars, whichever is less. The rule is statewide and has no small-landlord or unit-count exemption. Entrance fees at continuing care retirement communities, licensed assisted living providers, licensed adult care facilities, senior residential communities that have filed an offering plan with the Attorney General, and not-for-profit independent retirement communities offering personal emergency response, housekeeping, transportation and meals are outside the ban. A cooperative housing corporation may charge a prospective purchasing shareholder a managing-agent or transfer-agent fee.", "fee_limited_to_actual_cost": true, "screening_fee_rules": "One cumulative charge for the background check and credit check together; it must be waived where the applicant supplies a recent check, and it may not be collected unless the applicant first receives a copy of the check and the screening company's receipt or invoice.\n\nThe cap applies to the two checks combined rather than to each separately, so a landlord cannot charge twenty dollars for a credit check and twenty dollars again for a background check. Collection is conditioned: the charge may not be taken unless the applicant is given a copy of the background check or credit check along with the receipt or invoice from the company that ran it, which in practice means the screening has to happen and be documented. The charge must be waived where the applicant hands over a copy of a background check or credit check run in the previous thirty days. A cooperative housing corporation may recover the full actual cost, above twenty dollars, from someone applying to become a unit owner or shareholder; where that cooperative is supervised under article two, four, five or eleven of the private housing finance law, the fee must be reasonable and approved by the supervising agency.", "receipt_required": true, "refund_required": null, "refund_rules": null, "disclosure_rules": "Before the screening charge is collected the applicant must receive a copy of the background or credit check and the screening company's receipt or invoice; separately, an investigative consumer report requires advance written notice and the applicant's authorization.\n\nThe first duty sits in the fee statute itself: the charge may not be collected until the applicant has been given the check and the invoice or receipt for it. The second sits in New York's fair credit reporting article and applies to an investigative consumer report, meaning one built in part from personal interviews. Such a report may not be obtained unless the applicant has first been given notice and has authorized it, and the notice must say that a report may be requested and that on written request the applicant will be told whether one was requested and the name and address of the reporting agency, along with the right to inspect and receive a copy from that agency. New York does not currently require a landlord to publish or hand over its screening criteria in advance; bills to add that duty are before the Legislature.", "adverse_action_rules": "State law requires a denial notice naming residential rentals: where a rental or lease is denied, or its charge increased, wholly or partly because of a consumer report, the user of the report must tell the applicant, name the reporting agency and give its address, and state the right to inspect and receive a copy.\n\nNew York's own fair credit reporting article puts the duty on the user of the report and lists residential rentals and leases expressly alongside credit and insurance, so this is a state obligation and not a restatement of the parallel federal rule. The duty is triggered by denial or by an increased charge, and it applies where the report was any part of the reason. A second subdivision requires the user to give reasons for an adverse action, but by its terms that one is limited to evaluating an application for credit and is keyed to the federal Equal Credit Opportunity Act, so it does not carry into the ordinary rental denial. Users are also barred from passing a report on to anyone without a legitimate business need connected to a transaction involving that person.", "reusable_report_rules": "Thirty-day window: where the applicant provides a copy of a background check or credit check conducted within the past thirty days, the landlord must waive the screening charge.\n\nNew York's portability rule works on the fee rather than on the report. The statute directs that the charge be waived when the applicant supplies a copy of a check run in the previous thirty days, so an applicant who brings a recent report pays nothing at the application stage. The section stops there: it does not say the landlord must accept that report in place of running its own screening, it sets no standard for what makes a supplied report acceptable beyond how recent it is, and it creates no marketplace, certification or applicant-pays program of the kind some other states have adopted.", "holding_deposit_rules": "A separate holding fee or deposit to reserve a unit is not permitted; the prohibition covers any payment demanded before or at the beginning of the tenancy except the capped screening charge and payments another statute or regulation authorizes.\n\nThe application-fee ban is written broadly and is not limited to money labeled an application fee. It reaches any other payment, fee or charge demanded before or at the start of the tenancy, which takes in a deposit or fee to hold a unit while a lease is prepared. The exception for payments that another statute or regulation provides for is what preserves rent and the security deposit, which the General Obligations Law caps at one month's rent for a unit that is not rent stabilized. New York has no statute that uses the term holding deposit or sets rules for how such money would be handled, because the underlying charge is not allowed in the first place. The housing-type and cooperative exceptions to the fee ban apply here as well.", "junk_fee_limits": null, "penalty_for_violation": "The fee rules themselves carry no damages provision, but any lease or contract term waiving or limiting them is void; the consumer-report notice duties carry actual damages, punitive damages for a knowing and willful failure, and costs and attorney's fees.\n\nTwo different enforcement pictures apply. The application-fee and screening-fee rules in the Real Property Law contain no civil penalty, damages figure or enforcement subdivision; what backs them is a provision making void as against public policy any lease or contract term that waives or limits the section, so a landlord cannot contract out of the cap or the waiver duty. The notice duties under New York's fair credit reporting article are backed by money: a consumer reporting agency or a user of a report that knowingly and willfully fails to comply is liable for actual damages, punitive damages in whatever amount the court allows, and the costs of a successful action with reasonable attorney's fees; where the failure is negligent rather than knowing, liability is for actual damages plus costs and reasonable attorney's fees. Those remedies reach the rental denial notice and the investigative-report notice and authorization duties.", "pending_legislation": [ { "bill": "A9294-A (2025-2026)", "summary": "Would add a new section 238-b to the Real Property Law requiring a landlord to give a prospective tenant a written statement of the tenant screening criteria used to evaluate applications before accepting any fee, deposit or screening information. The statement would have to list credit-history and minimum-score thresholds, criminal-history policy, prior rental history including past evictions, minimum income, and reference requirements, say whether a tenant screening report will be obtained and from which agency, and summarize the applicant's rights under federal and New York law regarding consumer reports. It would take effect on the one hundred twentieth day after becoming law.", "status": "On the Assembly floor calendar; ordered to third reading on May 29, 2026 after being reported from the housing, codes and rules committees. No passage vote is shown in either chamber.", "lifecycle": "introduced", "signed_on": null, "effective_on": null, "checked": "2026-08-25" }, { "bill": "S10343 (2025-2026)", "summary": "Senate companion to A9294. Would require a landlord to give a prospective tenant a written statement of the tenant screening criteria used to evaluate applications before accepting any fee, deposit or screening information. It would take effect one hundred twenty days after becoming law.", "status": "In Senate committee; referred to the judiciary committee on May 14, 2026.", "lifecycle": "introduced", "signed_on": null, "effective_on": null, "checked": "2026-08-25" }, { "bill": "S363-B (2025-2026)", "summary": "The New York junk fee prevention act. Would add a new article 22-C to the General Business Law requiring clear and conspicuous pricing and total-price disclosure. Its text does not name residential rentals or leases. It would take effect on the sixtieth day after becoming law.", "status": "Passed the Senate on May 12, 2026 by a vote of 40 to 20 and is now in the Assembly consumer affairs and protection committee.", "lifecycle": "passed_one_chamber", "signed_on": null, "effective_on": null, "checked": "2026-08-25" }, { "bill": "A9604-A (2025-2026)", "summary": "Assembly version of the New York junk fee prevention act, reaching every offer or advertisement that carries a price for goods or services sold to consumers in the state. It would take effect on the sixtieth day after becoming law.", "status": "In Assembly committee; amended and recommitted to the consumer affairs and protection committee on April 21, 2026.", "lifecycle": "introduced", "signed_on": null, "effective_on": null, "checked": "2026-08-25" }, { "bill": "S571 (2025-2026)", "summary": "Would write broker's fees expressly into the existing ban on payments demanded before or at the beginning of a tenancy in Real Property Law section 238-a, making the statewide rule that a landlord may not pass its own broker's fee to a tenant. It would take effect immediately on becoming law.", "status": "In Senate committee; referred to the judiciary committee on January 8, 2025 and re-referred there on January 7, 2026.", "lifecycle": "introduced", "signed_on": null, "effective_on": null, "checked": "2026-08-25" }, { "bill": "S6471-A (2025-2026)", "summary": "Would regulate automated housing decision making tools, including notice to applicants that such a tool is in use and an explanation when an application is denied. The denial-explanation requirement would sit alongside the existing state denial-notice duty for consumer reports. It would take effect immediately on becoming law.", "status": "In Senate committee; amended and recommitted to the investigations and government operations committee, and re-referred there on January 7, 2026.", "lifecycle": "introduced", "signed_on": null, "effective_on": null, "checked": "2026-08-25" } ], "citations": [ { "statute": "N.Y. Real Prop. Law § 238-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/238-A", "official": true, "pinpoint": "(1)(a)" }, { "statute": "N.Y. Real Prop. Law § 238-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/238-A", "official": true, "pinpoint": "(1)(b)" }, { "statute": "N.Y. Real Prop. Law § 238-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/238-A", "official": true, "pinpoint": null }, { "statute": "N.Y. Gen. Oblig. Law § 7-103", "url": "https://www.nysenate.gov/legislation/laws/GOB/7-103", "official": true, "pinpoint": "(1)" }, { "statute": "N.Y. Gen. Bus. Law § 380-c", "url": "https://www.nysenate.gov/legislation/laws/GBS/380-C", "official": true, "pinpoint": "(a), (b)" }, { "statute": "N.Y. Gen. Bus. Law § 380-i", "url": "https://www.nysenate.gov/legislation/laws/GBS/380-I", "official": true, "pinpoint": "(a)" }, { "statute": "N.Y. Gen. Bus. Law § 380-i", "url": "https://www.nysenate.gov/legislation/laws/GBS/380-I", "official": true, "pinpoint": "(b), (c)" }, { "statute": "N.Y. Gen. Oblig. Law § 7-108", "url": "https://www.nysenate.gov/legislation/laws/GOB/7-108", "official": true, "pinpoint": null }, { "statute": "N.Y. Real Prop. Law § 238-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/238-A", "official": true, "pinpoint": "(3)" }, { "statute": "N.Y. Gen. Bus. Law § 380-l", "url": "https://www.nysenate.gov/legislation/laws/GBS/380-L", "official": true, "pinpoint": null }, { "statute": "N.Y. Gen. Bus. Law § 380-m", "url": "https://www.nysenate.gov/legislation/laws/GBS/380-M", "official": true, "pinpoint": null }, { "statute": "N.Y. Real Prop. Law § 238-a", "url": "https://www.nysenate.gov/legislation/laws/RPP/238-A", "official": true, "pinpoint": "(1)(a), (1)(b), (3)" } ], "summary_plain": "New York bans rental application and processing fees outright and allows only one application-stage charge: reimbursement for a background check and a credit check, capped for both together at the actual cost or twenty dollars, whichever is less. The ban is broader than the fee itself, reaching any payment demanded before or at the start of the tenancy unless another statute or regulation authorizes it, which is what leaves rent and the security deposit in place while ruling out a separate fee to hold a unit. The screening charge must be waived where the applicant supplies a background check or credit check run within the previous thirty days, and it may not be collected at all unless the landlord first gives the applicant a copy of the check and the screening company's receipt or invoice. State law also requires a denial notice: where a residential rental is denied or its charge increased because of a consumer report, the applicant must be told, given the reporting agency's name and address, and told of the right to inspect and receive a copy. New York does not require a landlord to disclose its screening criteria in advance and sets no refund rules for application-stage money, and it has no rental advertising or all-in pricing statute.", "notes": [ { "label": "The cap is for both checks combined", "text": "Twenty dollars is the ceiling for the background check and the credit check together, not for each one. Where the checks actually cost less than twenty dollars, the lower figure is the limit." }, { "label": "The twenty-dollar figure is fixed", "text": "It is written into the statute as a flat amount. It is not adjusted for inflation and no state agency publishes an updated number each year." }, { "label": "Housing types outside the fee ban", "text": "Entrance fees are not covered at continuing care retirement communities, licensed assisted living providers, licensed adult care facilities, senior residential communities that have filed an offering plan with the Attorney General, and not-for-profit independent retirement communities that offer personal emergency response, housekeeping, transportation and meals." }, { "label": "Cooperative purchases are treated differently", "text": "Someone applying to become a unit owner or shareholder in a cooperative housing corporation may be charged a managing-agent or transfer-agent fee, and may be charged the full actual cost of screening above twenty dollars. Where the cooperative is supervised under the private housing finance law, the fee must be reasonable and approved by the supervising agency." }, { "label": "The portability rule waives the fee, not the screening", "text": "A recent report supplied by the applicant removes the charge. The statute does not say the landlord must use that report instead of running its own, and it sets no standard for the report beyond it having been conducted within the past thirty days." }, { "label": "What the fee statute does not reach", "text": "It sets no refund rules, no duty to disclose screening criteria before collecting, and no penalty of its own. Its backstop is that any lease or contract term waiving or limiting it is void." }, { "label": "Screening criteria disclosure is pending, not law", "text": "Bills in both chambers would require a written statement of screening criteria before any fee, deposit or screening information is accepted. Neither has been enacted, so no such duty applies today." }, { "label": "Local rules can add to this", "text": "New York City has its own requirements on disclosing fees in rental listings and on who pays a landlord's broker. Those are city rules; the statewide rules described here come from state law." }, { "label": "How the cost limit works", "text": "The permitted background-check and credit-check charge is tied to what the screening actually cost. The combined charge may be no more than the actual cost of the two checks or twenty dollars, whichever is the smaller figure, so actual cost sets the ceiling whenever it falls below twenty dollars. The twenty-dollar figure is a flat amount written into the statute; it is not indexed and there is no annually published number to follow." }, { "label": "What the receipt duty covers", "text": "A documentation duty attaches to the money before it changes hands. The landlord may not collect the background-check or credit-check charge unless the applicant is given the receipt or invoice from the company that conducted the check, together with a copy of the check itself. The duty runs to the screening company's receipt or invoice rather than to a receipt for the applicant's own payment; New York does not separately require a payment receipt for application-stage money." }, { "label": "When money must come back", "text": "Real Property Law § 238-a, the section that carries the application-fee rules, contains no provision requiring return of application-stage money in any circumstance. Its subdivisions cover the fee ban and the capped screening charge, late rent charges, dishonored rent checks, and the voiding of waivers, and nothing more. New York controls this money before it is collected, through a hard cap, a waiver duty and a rule barring collection without documentation, rather than through a duty to give money back afterwards. The return duties in the General Obligations Law are addressed to money deposited or advanced as security for performance, which means security deposits." }, { "label": "Refunds", "text": "No trigger of the usual kinds appears in Real Property Law § 238-a: nothing about the unit being filled or withdrawn, nothing about the applicant pulling out, nothing about screening that is paid for but never run, and no deadline or mechanic for returning money. What the section does instead is stop an overcharge before it happens, by capping the screening charge at the lesser of actual cost or twenty dollars and by barring collection until the applicant has the check and the screening company's receipt or invoice in hand." }, { "label": "Advertising and fee transparency", "text": "The state's general consumer protection provision on deceptive acts and practices sits in article 22-A of the General Business Law and does not by its terms address rental advertising or rental fees, so it is context rather than a rule for this topic. Two junk-fee bills are moving in the 2025 and 2026 session, one of which has passed the Senate, but neither is law and neither names residential rentals or leases. In practice the application-stage question is already answered by the fee ban in the Real Property Law: there is nothing extra to disclose because there is nothing extra a landlord may charge an applicant." } ] } } }