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Nacmias Law Firm, PLLC

Landlord-Tenant

Tenant Rights

We represent NYC tenants on warranty-of-habitability claims, illegal lockouts, harassment under Admin Code § 27-2004(48), security deposit recovery, and good-cause eviction protections — across all five boroughs.

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Overview

What you need to know about Tenant Rights.

The basics, what we do, and the issues we see most.

What rights do NYC tenants have, and which apply to me?

Quick Answer

NYC tenants have layered protections — the warranty of habitability (RPL § 235-b) for livable conditions, RPAPL Article 7 procedural protections in any eviction, anti-harassment under Admin Code § 27-2004(48), security deposit caps (one month) under HSTPA 2019, and Good Cause Eviction protections under the 2024 NY law for many non-stabilized units. Which protections apply depends on building size, regulation status, and your lease.

Services we offer for Tenant Rights.

Tenant-side representation is a defined practice line at the firm (separate from owner-side defense, with conflict checks at intake). Most tenant matters move on tighter clocks than people realize — predicate notices, statute-of-limitations on overcharge, lockout emergencies. Here's what we do.

  • Pursue warranty-of-habitability claims under RPL § 235-b — abatement, repair orders, and damages
  • File HP actions in Housing Court compelling repairs of HPD-violation conditions
  • Defend illegal lockouts via emergency RPAPL § 853 actions in Housing Court (treble damages exposure for owners)
  • Pursue anti-harassment claims under NYC Admin Code § 27-2004(48) — penalties up to $10,000 plus fees
  • Recover security deposits under GOL § 7-103 (HSTPA-amended 14-day return rule)
  • Defend Good Cause Eviction status (2024 NY law) for non-stabilized tenants
  • Pursue overcharge complaints (DHCR or Housing Court) — see Rent Stabilization page

Scenarios we see most.

  • No heat, no hot water — warranty of habitability and HPD complaints
  • Mold, pest infestations, lead paint, structural disrepair
  • Illegal lockouts — landlord changing locks without court order
  • Harassment — pressure tactics intended to drive tenant out
  • Security deposit not returned within 14 days under GOL § 7-103
  • Retaliation for tenant complaints (RPL § 223-b protections)
  • Improper rent increases on units potentially eligible for Good Cause Eviction protection
  • Wrongful termination notices and defective predicate notices

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

Eviction proceedings, rent collection, lease disputes, rent stabilization.

Tenants & Renters

Eviction defense, habitability claims, rent stabilization rights.

Property Managers

Compliance, lease negotiations, strategic representation for owners.

Co-op & Condo Boards

Shareholder disputes, proprietary lease issues, board-level matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Intake and document review (lease, complaint records, photos, communications)

  2. 2

    Step 2 of 5

    Send formal notice or demand to landlord or managing agent

  3. 3

    Step 3 of 5

    File HP action, RPAPL § 853 lockout petition, or Small Claims action as warranted

  4. 4

    Step 4 of 5

    Negotiate stipulation, consent order, or settlement

  5. 5

    Step 5 of 5

    Monitor compliance and pursue enforcement (contempt, follow-up motions) as needed

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

What is the warranty of habitability and what does it cover?

Under RPL § 235-b, every residential lease in NY includes an implied warranty that the premises are fit for human habitation, fit for the use reasonably intended by the parties, and that occupants will not be subjected to conditions endangering life, health, or safety. Breaches include lack of heat, hot water, vermin, mold, structural defects, lead paint, and similar conditions. Remedies include rent abatement (proportional to the period and severity of the breach), repair orders via HP action, and (in extreme cases) the right to vacate without further rent obligation.

Question 2

My landlord locked me out. What do I do?

An illegal lockout is a serious matter — landlords cannot remove tenants without a court-ordered eviction. Under RPAPL § 853, a tenant illegally evicted is entitled to treble damages plus reasonable attorneys' fees. Your immediate options: (1) call NYPD (often called the '10-Day Rule' — police may help re-enter if it's been less than 10 days), and (2) file an emergency illegal lockout petition in Housing Court (usually heard within 24-48 hours). Document everything — locked-out times, communications with the landlord, witness statements. Same-day legal help is critical.

Question 3

What is harassment under NYC Admin Code § 27-2004(48)?

NYC's anti-tenant-harassment law defines harassment as conduct intended to cause a tenant to vacate or surrender lawful rights. Examples include threats and intimidation, repeated frivolous lawsuits, unauthorized construction, repeated baseless complaints, repeated requests for medical or financial information, and patterns of contact that interfere with quiet enjoyment. Tenants can pursue harassment claims as part of an HP action. Civil penalties of $2,000–$10,000 per harassed tenant plus fees, and findings of harassment block alteration permits and may trigger Certificate of No Harassment requirements.

Question 4

Does the new Good Cause Eviction law protect me?

The 2024 NY Good Cause Eviction law (Real Property Law Article 6-A) protects tenants in many non-stabilized units from non-renewal/eviction without good cause and from rent increases above a Local Rent Standard (10% or 5% + CPI, whichever is lower). Coverage varies — opt-in jurisdictions, exemptions for owner-occupied small buildings (under 11 units), high-rent units, new construction within 30 years, and condo/co-op units. NYC opted in but the rules are still being implemented. We assess coverage and rights case-by-case.

Question 5

Will fighting my landlord cost me more than I'd recover?

It depends on the matter. Tenant-side cases that often justify counsel: illegal lockouts (treble damages + fees), harassment claims (up to $10K per tenant + fees), severe habitability breaches, and overcharge claims (treble damages within limits). Cases with smaller economic stakes (security deposit under $5K, single-incident habitability) are often handled cost-effectively in Small Claims Court (which doesn't require an attorney) or via direct negotiation supported by a single demand letter. Free initial consultation includes an honest assessment of cost vs. likely recovery.

Question 6

Is there a deadline to bring a tenant-rights claim?

Yes — and it varies by claim type. Warranty-of-habitability damages: typically six years (contract). Illegal lockout (RPAPL § 853): one year. Anti-harassment under § 27-2004(48): three years. Overcharge complaints: HSTPA expanded the lookback (subject to ongoing case-law refinement; see Rent Stabilization page). Security deposit return: claim accrues 14 days after tenant vacates. Don't sit on potential claims — particularly the one-year lockout deadline and the three-year harassment deadline — when in doubt, get an early consultation.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

View all guides
External

Department of Housing Preservation and Development (HPD)

HPD is responsible for ensuring New Yorkers have access to safe, affordable housing through enforcement, preservation, and development progr

Resource

NYC Housing Court

The NYC Housing Court is the Landlord-Tenant Part of the Civil Court. It hears nonpayment proceedings (tenant owes rent), holdover proceedin

Resource

Responding to a Housing Court Summons

When you receive a Housing Court Notice of Petition, read the return date carefully and appear on that date or file a written Answer by then

Free case review

Need tenant-side help?

Lockouts, no-heat emergencies, and short-clock claims need fast action. We do conflict checks at intake to confirm no prior representation against your building. Same-day case review during business hours.

Start Free Case ReviewCall 347-392-6356

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters