Housing stability and tenant protection act rules are probably the reason your letter cites a New York statute, and in most cases the news is good for you. The housing stability and tenant protection act of 2019 (HSTPA) gives you a key number: your landlord typically has 14 days after you move out to return your deposit or send you an itemized list of deductions.
What the Housing Stability and Tenant Protection Act Actually Says
The housing stability and tenant protection act was not one single section. It was a package of changes to several New York laws. Two of those changes affect nearly every renter in the state. The first is in General Obligations Law section 7-108, which covers security deposits. The second is in Real Property Law section 226-c, which covers notice of rent increases and non-renewals.
For example, before the housing stability and tenant protection act, many landlords asked for two or three months’ rent up front. Now, most deposits are capped at one month’s rent. Landlords also can’t hold your deposit for months with no explanation. They must act within a set deadline. You can read the official text of General Obligations Law section 7-108 and Real Property Law section 226-c on the New York Senate website.
| Provision | Exact rule | Section |
|---|---|---|
| Security deposit cap | No more than one month’s rent | GOL § 7-108(1-a)(a) |
| Deposit return deadline | 14 days after you vacate, with an itemized statement of any deductions | GOL § 7-108(1-a)(e) |
| Missed 14-day deadline | Landlord loses the right to keep any part of the deposit | GOL § 7-108(1-a)(e) |
| Willful violation | Court may award punitive damages up to twice the deposit | GOL § 7-108(1-a)(g) |
| Notice: under 1 year of occupancy and lease under 1 year | 30 days | RPL § 226-c(2)(a) |
| Notice: 1 to 2 years, or lease of at least 1 year but under 2 | 60 days | RPL § 226-c(2)(b) |
| Notice: over 2 years, or lease of 2 years or more | 90 days | RPL § 226-c(2)(c) |
Who the Housing Stability and Tenant Protection Act Covers (and Who It Does Not)
The housing stability and tenant protection act applies across New York State, not just New York City. In most cases, it covers ordinary apartment and house rentals. That includes market-rate apartments, which earlier deposit rules often left behind. As a result, a renter in Buffalo, Albany, or Long Island may have the same deposit protections as a renter in Brooklyn.
However, some parts of the law work differently for certain housing types. Rent-stabilized and rent-controlled apartments follow extra rules run by state New York Homes and Community Renewal (HCR). Commercial leases are not covered by these renter protections. If you are not sure which rules apply to your unit, check with New York Homes and Community Renewal or a local legal-aid office.
The housing stability and tenant protection act also made rent stabilization permanent. It also let more local governments opt into rent stabilization. So your city or town may have added protections on top of the state law. Ask your local housing office what applies where you live.
What Your Landlord Must Do Under This Law
Under the housing stability and tenant protection act, your landlord has clear duties around your deposit. They can’t collect more than one month’s rent as a deposit. When you move out, they must return the deposit within 14 days. If they keep any part of it, they must send you an itemized statement. That statement should list each deduction and the reason for it.
The housing stability and tenant protection act also requires advance notice before big changes. Your landlord might plan to raise your rent by 5% or more, or not renew your lease. Either way, they must tell you in writing first. The notice period depends on how long you have lived there. It is 30, 60, or 90 days, as shown in the table above.
What You Can Do When It Is Broken
If your landlord breaks the housing stability and tenant protection act deposit rules, you have options. First, send a written demand for your deposit. Keep a copy. Mention General Obligations Law section 7-108 and the 14-day deadline. Many landlords pay once they see you know the rule. If they still refuse, you may be able to sue in small claims court. If the violation was willful, a court may award up to twice the deposit as punitive damages.
If your landlord skipped the required notice, you also have protection. Under Real Property Law section 226-c, your tenancy typically continues on the existing terms until proper notice is given and the notice period runs out. For example, your old rent may stay in place until the full 60 or 90 days pass. The housing stability and tenant protection act does not let a landlord shortcut this step.
If you are facing an active eviction, don’t wait. Contact a local legal-aid office or a tenant attorney right away. Eviction cases move fast, and missing a court date can cost you your home. Rent-stabilized tenants can also file complaints with New York Homes and Community Renewal.
Frequently Asked Questions
Does the housing stability and tenant protection act apply outside New York City?
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Yes. The deposit and notice rules apply statewide. However, some rent-stabilization rules only apply where a local government has opted in.
Can my landlord ask for first month, last month, and a deposit?
In most cases, the housing stability and tenant protection act limits the security deposit to one month’s rent. How landlords may handle advance rent can be more complicated. Check with a local legal-aid office if your landlord is asking for more than one month’s rent up front.
What if my landlord never sent an itemized statement?
Under General Obligations Law section 7-108, a landlord who misses the 14-day deadline loses the right to keep any part of the deposit. You may be able to recover the full amount in small claims court.
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Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New York Renter Guides
- New York Eviction Process
- New York Tenant Rights
- New York Security Deposit Law
- New York Rent Increase Laws
- New York Repairs and Habitability
- Breaking a Lease in New York
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.