New York Housing Resources & Tenant Rights

New York has some of the strongest renter protections in the country, built on two big laws: the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which set statewide rules on deposits, fees, and eviction notices, and the Good Cause Eviction law of 2024, which limits no-reason evictions and large rent hikes in New York City and any locality that opts in. Lawful source of income is a protected class statewide, but the Section 8 voucher part of that rule is in dispute: an appellate court struck it down in March 2026 and the State’s appeal is pending — details below. The state housing agency is NYS Homes and Community Renewal (HCR), while NYCHA and local authorities run the vouchers. This page covers the statewide framework; for New York City’s rent-stabilization system, NYCHA, and city-funded vouchers, see our New York City guide.

Public Housing & Vouchers in New York

Section 8 Housing Choice Vouchers and public housing are run by local authorities — the New York City Housing Authority (NYCHA) is the largest in the country, and there are dozens of others (Buffalo, Rochester, Yonkers, Albany, Syracuse, and more). The state also runs a HCR Section 8 program covering many counties without a local administrator. HCR oversees rent regulation, state-financed affordable housing, and the Low-Income Housing Tax Credit — search HUD’s LIHTC database or read how to find LIHTC housing.

Apply to several authorities at once — you are not limited to your home city. Use HUD’s PHA directory or our how to find your PHA and how to apply for Section 8 guides. For NYCHA, the NYC voucher waitlists, and city programs, see the New York City guide.

Good Cause Eviction (2024)

New York’s Good Cause Eviction law took effect April 20, 2024. It applies automatically in New York City, and gives every other city, town, and village the option to opt in through its local legislature. Where it applies, a landlord generally needs a legitimate reason (“good cause”) to evict or to refuse to renew a lease, and a tenant cannot be evicted for nonpayment of an unreasonable rent increase.

• What counts as an unreasonable increase: a rent hike above the lower of 5% plus the regional Consumer Price Index, or 10% per year, is presumed unreasonable. In practice the ceiling is set by region and updates each August 1 — about 8.79% in New York City and downstate and about 8.38% upstate; look up your area’s current figure
• Localities that have opted in (a partial, growing list as of mid-2026) include Albany, Rochester, Kingston, Poughkeepsie, Ithaca, Beacon, Newburgh, Troy, White Plains, and about 20 others — check the NY Attorney General or HCR for the current list. Several lowered the “small landlord” exemption all the way down to a single unit
• Common exemptions: buildings owned by a small landlord (10 units or fewer statewide by default), units in buildings built after 2009, owner-occupied buildings with 10 units or fewer, co-ops and condos, and units that are already rent-stabilized, subsidized, or public housing (those have their own, often stronger, protections)

Check whether your municipality has opted in — the NY Attorney General’s Good Cause guide and HCR keep current lists.

HSTPA: Statewide Tenant Protections (2019)

The 2019 Housing Stability and Tenant Protection Act extended protections that once applied only to regulated apartments to all New York tenants:

• Security deposits are capped at one month’s rent (General Obligations Law 7-108), and must be returned within 14 days with an itemized statement
• Rent demands must be written and give 14 days (RPAPL 711(2)) — the old 3-day oral demand is gone
• Notice before non-renewal or a rent increase of 5% or more scales with tenancy length under RPL 226-c: 30 days (under 1 year), 60 days (1–2 years), or 90 days (2+ years)
• Late fees are capped at $50 or 5% of the monthly rent, whichever is less, and application fees are capped at $20
• Tenants get more time in court and the right to cure many lease violations before eviction

Emergency Rental Assistance in New York

New York’s statewide Emergency Rental Assistance Program (ERAP) is no longer taking general applications — the funds are largely exhausted. Importantly, ERAP remains a protected lawful source of income — the March 2026 Commons West ruling reached Section 8 vouchers only and did not touch ERAP. Current help:

• OTDA “One Shot Deal” (Emergency Assistance) through your local Department of Social Services can cover rent arrears or move-in costs to prevent eviction or homelessness — apply at your county DSS (in NYC, HRA)
• HEAP (Home Energy Assistance Program), New York’s version of LIHEAP, lowers heating and cooling bills through OTDA — see utility assistance programs
• Dial 211 to be routed to local rent and prevention funds and to your regional Coordinated Entry for shelter and rapid re-housing
• HCR funds homeless-prevention and fair-housing services across the state

NYC residents have additional city programs (CityFHEPS, FHEPS, one-shot deals through HRA) — see the New York City guide. For the national picture, read our emergency rental assistance guide.

New York Tenant Law: Key Protections at a Glance

Source-of-income protection — disputed for Section 8 (checked August 25, 2026)

Short version: the law here is genuinely unsettled, and that is not a reason to give up. If a New York landlord refuses your voucher, write it down and report it — the State is still taking those reports while the courts work this out.

What the statute says. Since 2019, lawful source of income has been a protected class statewide under the New York Human Rights Law (Executive Law 296(5)). On its face it still says a landlord, broker, or owner cannot refuse you, charge you more, or advertise “no programs” because you would pay with a Section 8 voucher, CityFHEPS, SSI/SSDI, public assistance, or ERAP.

What the court held. On March 5, 2026, in Matter of People of the State of N.Y. v Commons West, LLC, the Appellate Division, Third Department declared Executive Law 296(5)(a)(1) facially unconstitutional to the extent that it makes it an unlawful discriminatory practice to refuse to rent to someone because their source of income includes a Section 8 voucher. The reasoning was a Fourth Amendment one: making participation mandatory effectively forces a landlord to consent to government inspections that the court found lacked adequate limits on timing, scope and discretion. You can read the decision yourself on the Third Department’s own site.

What is happening now. The State appealed. The case is pending before the New York Court of Appeals — the state’s highest court — as APL-2026-00035. Briefing finished in July 2026 and oral argument is scheduled for October 20, 2026. You can check the status yourself on the court’s public docket by searching the party name Commons West.

So can the protection be enforced today? That is disputed, and we are not going to pretend otherwise. New York’s civil practice rules give the State an automatic stay of enforcement in some appeals (CPLR 5519(a)(1)), but whether that reaches a judgment which simply declares a statute unconstitutional is not resolved by the decision, by any order on the Court of Appeals docket, or by any published position from the Attorney General or the Division of Human Rights. Anyone who tells you the answer is clearly yes, or clearly no, is going further than the public record goes.

What did not change. Three things are worth holding onto:

• The ruling reached Section 8 vouchers only. It did not address CityFHEPS, SSI/SSDI, child support, public assistance, or ERAP — those remain protected lawful sources of income under the same statute.
• New York City’s own law is separate. Source-of-income discrimination has been illegal under the NYC Human Rights Law since 2008. That law was not before the court in this case, and the NYC Commission on Human Rights is still enforcing it and still taking complaints — dial 311 or call 212-416-0197.
• The NYS Division of Human Rights still lists Section 8 Housing Choice Vouchers as a protected source of income, and still runs its Section 8 Early Intervention Unit at (844) 697-3471, which tries to reach the housing provider while the unit is still available.

If a landlord refuses your voucher right now: save the listing and every text and email, and write down the date, the address, who you spoke with, and their exact words. Report it to the Division of Human Rights at (844) 697-3471; in New York City also call 311 for the Commission on Human Rights; you can also file with HUD. Then get free legal advice through LawHelpNY — whether this ruling affects your particular situation is exactly the sort of question a website should not answer for you. For the national picture, read our source-of-income protections guide.

Security deposits

Under General Obligations Law 7-108, a deposit cannot exceed one month’s rent. You have the right to a walk-through inspection before move-out, and the landlord must return the deposit within 14 days of your moving out along with an itemized statement of any deductions — if they miss the deadline, they may forfeit the right to keep any of it. See how to recover your security deposit.

Eviction process & how long it takes

New York eviction cases run through Article 7 of the RPAPL, and self-help eviction is a crime (RPAPL 768) — a landlord cannot change your locks, remove your belongings, or shut off utilities, even after a judgment. The sequence is:

• Written 14-day rent demand for nonpayment (or the proper RPL 226-c notice for a holdover)
• Petition and notice of petition filed in housing/justice court; you receive a return date
• Court appearances — you can raise defenses (improper notice, conditions, payment). Many tenants qualify for a free attorney, and NYC has a Right to Counsel program
• Judgment and warrant of eviction: if the landlord wins, the court issues a warrant, and you must receive 14 days’ notice before a marshal or sheriff can carry it out (RPAPL 749)

Because of the 14-day demand, court backlogs, and the post-warrant notice, a New York eviction commonly takes two to four months or longer, and far longer if contested. Do not move out on your own — you have the right to be heard. Find a lawyer through LawHelpNY and read how to avoid eviction.

Major New York Cities We Cover

Our city guide has local authority waitlists, named rental-assistance programs, and shelter contacts:

• New York City affordable housing resources — NYCHA, rent stabilization, CityFHEPS, HRA, and shelter intake

Where to Get Help in New York

Free legal aid: LawHelpNY connects renters to local legal-aid offices; many tenants qualify for a free eviction-defense lawyer.

Source-of-income / discrimination: the NYS Division of Human Rights Section 8 Early Intervention Unit takes voucher-refusal reports at (844) 697-3471. The Section 8 part of the state rule is currently disputed — see source-of-income protection above — but the Division is still taking reports.

State housing agency: NYS Homes and Community Renewal for rent regulation, programs, and the Good Cause list.

Emergency assistance & HEAP: OTDA and your local Department of Social Services.

211 helpline: dial 2-1-1 or visit 211.org for rental help, shelters, and utility assistance.

HUD fair housing: file at hud.gov/reporthousingdiscrimination or call 1-800-669-9777.

Next Steps

Not sure where to begin? Our Where to Start tool routes you to the right mix of New York programs in about two minutes based on whether your need is an emergency or long-term.

If you have a rent demand or court papers, do not wait: find a legal-aid lawyer through LawHelpNY and read eviction prevention. Many New York tenants qualify for free representation in housing court.