The broad language of the new limitation includes “advances” as well as deposits. The practice of requiring pre-paid rent, typically as the “first and last months’ rent,” is now prohibited. SECURITY DEPOSITS AND PRE-PAID RENT ARE LIMITED TO ONE MONTH’S RENTĪlthough security deposits have long been limited to one month’s rent for rent-stabilized tenants, HSTPA amended the GOL effective June 14, 2019, to extend this limit to unregulated tenants statewide. To the tenants’ benefit and the landlords’ burden, the Legislature has amended many parts of the Real Property Law (RPL), the Real Property Actions and Proceedings Law (RPAPL), and the General Obligations Law (GOL), starting with how tenancies are created and ending with how tenants may be restored to possession after eviction.
Only here and there did the Legislature amend laws pertaining to unregulated units or how courts must adjudicate eviction actions and proceedings. Historically, changes in New York landlord-tenant law focused on the rent-regulation scheme.
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This concluding part of our three-part series covers the rest of HSTPA. 2019)) outlined the law before and after HSTPA. In Parts I and II of our series, we discussed how the Housing Stability and Tenant Protection Act of 2019 (HSTPA 1) has dramatically altered New York’s residential-rental landscape. Howard, and Judge Weisberg are co-authors of the State Bar’s forthcoming 12th edition of New York Residential Landlord-Tenant Law and Procedure. Weisberg for his comments on all three parts of this article. Mora for his comments on Part III of this article and NYC Housing Judge Michael L.
The authors thank Poughkeepsie City Court Judge Frank M.
NY’s Housing Stability and Tenant Protection Act of 2019 Part III – WHAT LAWYERS MUST KNOW
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