Guide to New York’s Housing Stability and Tenant Protection Act

The Housing Stability and Tenant Protection Act of 2019 (HSTPA) is one of the most significant landlord–tenant reforms in New York’s history. It permanently strengthened rent regulation, expanded tenant protections statewide, and reshaped how evictions, fees, and security deposits work in both regulated and unregulated housing.

This guide explains the main features of HSTPA in clear, practical terms so both tenants and landlords can understand their rights and responsibilities under the law.

1. Overview: Why HSTPA Matters

HSTPA was enacted on June 14, 2019 to address long‑standing concerns about rising rents, aggressive eviction practices, and loopholes in New York’s rent‑stabilization system. The law:

• Made rent regulation permanent and extended rent‑stabilization rules across the state.
• Expanded protections for all residential tenants, not just those in regulated units.
• Limited fees and security deposits, capping many up‑front charges.
• Reformed eviction procedures to give tenants more time and defenses.
• Strengthened oversight of rent increases and rent overcharges.

Because the law covers numerous topics, it is helpful to group its changes into several major areas: rent regulation, statewide tenant protections, eviction reforms, fees and deposits, and special rules for mobile and manufactured home residents.

2. Rent Regulation and Stabilization Changes

2.1 Permanent Extension of Rent Laws

Before HSTPA, New York’s rent regulation laws had to be periodically renewed, creating uncertainty for tenants and owners. HSTPA extended and made these rent laws permanent, removing the risk that rent stabilization would suddenly expire due to state inaction.

2.2 Expansion of the Emergency Tenant Protection Act

The Emergency Tenant Protection Act of 1974 (ETPA) allows local governments to opt into rent stabilization if they meet certain criteria. HSTPA expanded ETPA statewide, enabling more cities, towns, and villages to choose rent stabilization when local housing market conditions justify it.

2.3 Ending High‑Rent and High‑Income Deregulation

Before 2019, regulated apartments could leave the system when rent or tenant income exceeded certain thresholds. HSTPA ended this practice by:

• Repealing high‑rent vacancy decontrol, which had allowed units to be deregulated when the rent crossed a set amount and the apartment became vacant.
• Repealing high‑income deregulation, which had allowed deregulation when tenant income was at least $200,000 for two years and rent surpassed a threshold.

Under HSTPA, apartments can no longer be removed from rent stabilization solely because rent or tenant income is high. Units lawfully deregulated before June 14, 2019 remain deregulated, but new deregulation via these mechanisms is no longer permitted.

2.4 Preferential Rents and Overcharge Claims

Many tenants pay a preferential rent, which is lower than the legal regulated rent. HSTPA changed how these rents can be raised:

• Tenants paying preferential rent on June 14, 2019 cannot have their rent increased to the full legal amount during their tenancy; increases must follow standard guideline rules instead.
• Tenants now have six years to challenge rent overcharges and seek damages, including possible treble (triple) damages for willful overcharges.

These changes make it harder for owners to dramatically raise rents for preferential‑rent tenants and give renters more time to uncover and contest overcharges.

3. Statewide Tenant Protections

3.1 Protection Against Retaliatory Evictions

HSTPA strengthened the ban on retaliatory evictions. Landlords cannot evict tenants for making good‑faith complaints about conditions that violate the warranty of habitability.

If a tenant files complaints with the landlord, a government agency, or participates in a tenant organization and an eviction case is filed within a year, the law creates a presumption that the eviction is retaliatory. Tenants can use this as a defense in court.

3.2 Security Deposit Limit and Inspection Rights

To reduce up‑front costs, HSTPA caps residential security deposits at one month’s rent and adds clear rules for inspections and returns.

Move‑in Inspection

• After signing the lease but before occupancy, tenants have a right to inspect the unit with the landlord or the landlord’s agent.
• Both parties can sign a written statement describing the condition of the apartment and noting any existing damage.

Move‑out Inspection and Deposit Return

• The landlord must conduct a move‑out inspection 1–2 weeks before the tenant leaves, if requested.
• The landlord must provide a list of necessary repairs or cleaning, excluding normal wear and tear.
• Tenants can fix listed issues (“cure” them); only unresolved items may be deducted from the deposit.
• Within 14 days of move‑out, landlords must return the remaining deposit or provide an itemized list of deductions. Failing to do so generally forfeits the right to keep any part of the deposit.

3.3 Limits on Late Fees and Screening Practices

HSTPA regulates both late fees and how landlords can screen tenants.

• Late fees can only be charged if rent is at least 5 days late, and they are capped at the lesser of 5% of the monthly rent or $50.
• Landlords must send written notice by certified mail when rent is not paid within 5 days of the due date.
• Background and credit check fees are capped at $20 in most residential leasing situations.
• Landlords cannot deny tenancy based on a so‑called “tenant blacklist” or solely because a prospective tenant has been involved in housing court proceedings.

These protections aim to prevent excessive fees and discriminatory screening based on prior landlord‑tenant disputes rather than current qualifications.

4. Eviction Procedure and Notice Requirements

4.1 Longer Notice Periods for Non‑Renewal and Rent Increases

HSTPA significantly extended notice requirements when a landlord either plans not to renew a tenancy or intends to increase rent by 5% or more. Starting in October 2019, landlords must give written notice that varies with how long the tenant has occupied the unit:

• 30 days’ notice if the tenant has lived in the unit less than one year or has a lease term under one year.
• 60 days’ notice if the tenant has lived in the unit more than one year but less than two years, or has a lease term of at least one year but less than two years.
• 90 days’ notice if the tenant has occupied the unit for more than two years or has a lease term of at least two years.

These rules apply whether the landlord is terminating the tenancy or raising the rent by 5% or more, giving tenants more time to plan for a move or negotiate terms.

4.2 Court‑Based Eviction and Anti‑Harassment Rules

HSTPA confirms that a landlord must use the court system to evict a tenant and treats unlawful eviction attempts as a serious offense. Efforts to force tenants out through harassment or self‑help measures (such as changing locks or shutting off utilities) are now classified as a Class A misdemeanor, allowing law enforcement to bring criminal charges.

4.3 More Time and Relief in Court

The law modifies how nonpayment and other eviction cases operate, offering tenants additional protections:

• Landlords can no longer tack on miscellaneous “fees” in nonpayment eviction cases beyond the rent itself.
• Courts may postpone evictions for up to one year if the tenant cannot secure other housing, balancing the interests of both parties.
• If a tenant was evicted for nonpayment but pays back rent during this extended period, the eviction can sometimes be overturned.

These procedural changes aim to avoid sudden displacement and encourage resolution of rent disputes without immediate loss of housing.

5. Protections for Mobile and Manufactured Home Residents

HSTPA also addresses vulnerabilities faced by mobile and manufactured home tenants, particularly those in parks.

• Rent increases are limited to reasonable amounts, with added scrutiny for large increases.
• Rent‑to‑own arrangements for manufactured homes are regulated to prevent abusive terms and protect buyers.
• Evictions from mobile home parks for purposes of changing land use are subject to stronger protections and procedures.

These measures recognize that mobile and manufactured housing residents often have fewer options and higher relocation costs than tenants in traditional apartments.

6. Practical Tips for Tenants and Landlords

6.1 For Tenants

• Document everything: Keep copies of your lease, inspection reports, repair requests, and certified‑mail notices about rent.
• Use inspection rights: Take advantage of move‑in and move‑out inspections to avoid unfair security deposit deductions.
• Watch for illegal fees: Question late fees above 5% of rent or $50, excessive application charges, or added fees in nonpayment eviction cases.
• Seek help promptly: If you believe you are facing retaliatory eviction, unlawful eviction tactics, or rent overcharges, contact legal aid or tenant advocacy groups as soon as possible.

6.2 For Landlords

• Update lease forms and policies: Ensure leases reflect caps on late fees, limits on security deposits, and inspection procedures.
• Follow notice timelines strictly: Track tenancy length to provide the correct 30, 60, or 90‑day notice for non‑renewal or rent increases of 5% or more.
• Avoid tenant blacklist use: Do not deny applicants solely based on past housing court cases or similar records.
• Rely on court, not self‑help: Use lawful eviction processes and avoid harassment, lockouts, or utility shutoffs, which may lead to criminal charges.
• Keep thorough records: Maintain detailed rent histories and repair documentation to defend against overcharge or habitability claims.

7. Frequently Asked Questions (FAQs)

7.1 Does HSTPA apply only to New York City?

No. HSTPA is statewide. It strengthened protections for tenants across New York and allowed rent stabilization to expand beyond New York City to other localities that meet statutory criteria and choose to opt in.

7.2 Can my landlord raise my rent to any amount at renewal?

In regulated apartments, rent increases are restricted by rent guidelines, and preferential rents are more tightly controlled under HSTPA. In unregulated units, landlords generally have more flexibility, but they must give advance written notice if they plan to increase rent by 5% or more, with the required notice period based on your length of tenancy.

7.3 What happens if my landlord keeps my security deposit without explanation?

Landlords must return the deposit or send an itemized list of deductions within 14 days after you move out. If they fail to provide this documentation in time, they may lose the right to retain any portion of the deposit, and you can potentially recover the full amount through negotiation, complaint, or legal action.

7.4 Are late fees still allowed?

Yes, but only within strict limits. Late fees can be charged only after rent is at least 5 days late, and they cannot exceed 5% of the monthly rent or $50, whichever is less. Excessive or earlier late fees may violate HSTPA.

7.5 How does HSTPA affect eviction timing?

HSTPA extends notice requirements and allows courts to delay an eviction for up to a year in some circumstances, especially when a tenant needs time to find new housing. It also bars landlords from adding extra fees in nonpayment cases and treats unlawful eviction tactics as criminal conduct.

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medha deb

 

Medha Deb is an editor with a master's degree in Applied Linguistics from the University of Hyderabad. She believes that her qualification has helped her develop a deep understanding of language and its application in various contexts.

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