- Tenant screening must include credit, criminal background, employment and income verification, and prior landlord references to reduce risk and comply with fair housing law.
- Your lease must clearly state rent amount, payment terms, move-in date, lease duration, maintenance responsibilities, and house rules, and must comply with New York security deposit and application fee limits.
- New York requires specific notice timing and procedures for rent increases, non-renewals, and evictions, and New Rochelle, White Plains, Croton-on-Hudson and Tarrytown have adopted Good Cause Eviction rules that add extra steps.
- Move-in inspections, regular property maintenance, and documented communication create a paper trail that protects you if a dispute arises.
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This landlord compliance checklist walks you through the critical steps from the moment you start screening applicants to the day you serve a notice.
The goal is to help you understand what the law requires, where the common mistakes happen, and how to build a paper trail that protects your interests.
Librett Real Estate Group serves landlords and boards across New Rochelle, Westchester County, and the five boroughs, and we've seen firsthand how a deliberate, documented process prevents trouble down the road.
Step 1: Screen Tenants Correctly
Tenant screening is your first line of defense. It's also where many landlords expose themselves to fair housing liability by asking the wrong questions or making decisions based on protected characteristics.
Start with a written application. Ask for the applicant's name, date of birth, Social Security number, current and previous addresses, employment history, income, and references from prior landlords.
Run a credit check through a licensed consumer reporting agency. Look for late payments, collections, and judgments, but understand that a low credit score alone does not disqualify a tenant. Document your criteria in advance.
Conduct a criminal background check. New York law allows landlords to consider criminal history, but you cannot automatically reject someone based on conviction alone.
Verify employment and income. Contact the applicant's employer directly. Call prior landlords. Ask whether the tenant paid rent on time, maintained the unit, and complied with the lease.
Step 2: Draft a Compliant Lease
Include the basics: property address, tenant name, rent amount, rent due date, lease start and end dates, and the number of occupants permitted. Specify who pays utilities and who is responsible for maintenance and repairs.
Include a clause about late fees, but cap them at no more than 5% of monthly rent under New York law. State your house rules regarding noise, smoking, pets, and guest policies.
Add language about compliance with local laws. If your property is in a Good Cause Eviction jurisdiction, include a statement that the lease is subject to those rules.
If the building is subject to ETPA rent guidelines, state that rent increases will follow the annual Rent Guidelines Board decision.
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Step 3: Handle Security Deposits and Application Fees
When you receive a security deposit, place it in a separate interest-bearing account within five business days. Do not commingle it with your own funds.
Provide the tenant with a written receipt that includes the account bank name, account number, and interest rate. Keep records of this transaction.
If you charge an application fee, collect it only after the tenant submits a completed application. The fee covers the cost of screening and is not refundable, even if you reject the application.
When the lease ends and the tenant moves out, you have 30 days to return the security deposit plus accrued interest, minus any lawful deductions. Provide an itemized list of deductions if you withhold any amount.
Step 4: Serve Proper Notices
For a rent increase in a non-regulated building, provide at least 30 days' notice. The notice must state the new rent amount, the effective date, and the reason if you choose to state one. Serve the notice in person, by certified mail, or by email if the tenant has agreed to electronic service.
If the building is subject to ETPA rent guidelines, follow the annual Rent Guidelines Board decision. As of October 1, 2025, the board allows a 2% increase for a one-year renewal or a 3% increase for a two-year renewal.
For a non-renewal notice, provide 30 days' notice in a non-regulated building or 90 days' notice in an ETPA-regulated building. The notice must state that you will not renew the lease and the date on which the lease will end. Serve it the same way as a rent increase notice.
If your property is in a Good Cause Eviction jurisdiction, non-renewals and rent increases above the local cap require "good cause."
Good cause includes the tenant's lease violation, nonpayment of rent, criminal activity, substantial interference with other tenants' quiet enjoyment, or the landlord's intention to occupy the unit or undertake capital improvements.
For an eviction notice (called a "notice to cure or quit" or "notice to quit"), the timing depends on the reason. For nonpayment of rent, provide three days' notice. For a lease violation, provide ten days' notice to cure the violation before the lease terminates.
Step 5: Document Everything
A paper trail protects you. From the moment an applicant submits an application to the day a tenant moves out, document your decisions and communications.
Keep copies of the application, credit report, background check, and employment verification. Record the date you made each decision and the reason.
During the tenancy, photograph the unit at move-in and move-out. Use a time-stamped photo app or have a witness present. This record proves the condition of the unit when the tenant arrived and helps justify security deposit deductions later.
Keep records of rent payments and late fees. If a tenant pays late, note the date and amount. If you charge a late fee, document it in writing and in your records. If a tenant disputes a late fee, your documentation proves when the rent was due and when it was received.
Step 6: Know Your Local Rules
Westchester County's Fair Housing Law recognizes 17 protected classes: race, color, creed, national origin, sexual orientation, military status, sex, disability, familial status, marital status, domestic violence victim status, gender identity or expression, source of income, age, criminal history (with limits), and prior homelessness.
ETPA rent guidelines apply to buildings constructed before 1974 in Westchester County and most of New York City. If your property is regulated, annual rent increases are capped at the Rent Guidelines Board percentage.
Heat and hot water rules require landlords to provide adequate heat (at least 68 degrees) and hot water year-round. Violations can result in fines and tenant rent abatement.
Conclusion
Compliance is not optional, and it's not a one-time task. From screening to move-out, you must follow New York law, Westchester County rules, and local Good Cause Eviction and ETPA guidelines.
A clear lease, proper screening documentation, correct notice timing, and a complete paper trail protect your interests and reduce the likelihood of a dispute.
Librett Real Estate Group has managed rentals and boards across Westchester and the boroughs for over 40 years. We screen tenants, draft and enforce leases, handle notices, and manage disputes so you can focus on your investment.
Reach out for a free consultation: call 914-633-3100 or email steve@librett.com to discuss your rental and your compliance needs.
Frequently Asked Questions
What Happens If I Don't Follow New York's Security Deposit Rules?
If you fail to place a security deposit in an interest-bearing account, commingle it with your personal funds, or fail to provide the tenant with account details, the tenant can sue you in court.
New York law allows the tenant to recover the full deposit plus accrued interest, plus interest at 9% per annum from the date you should have refunded it, plus attorney's fees and court costs. In some cases, a court may award double or triple damages if the violation is deemed willful.
Can I Reject a Tenant Because They Receive a Housing Voucher?
No. Westchester County's Fair Housing Law explicitly protects "source of income," which includes housing vouchers, rental assistance, and other subsidies. Rejecting an applicant because they receive a voucher is discrimination and is illegal.
You can require that the tenant's total income (including the voucher) meets your income threshold, but you cannot penalize them for using a subsidy. If you have questions about how to evaluate an applicant who receives a voucher, consult a property manager or attorney.
What Is Good Cause Eviction and Do I Need to Worry About It?
Good Cause Eviction is a local rule in New Rochelle, White Plains, Croton-on-Hudson, and Tarrytown that requires landlords to have a documented reason before refusing to renew a lease or raising rent above a certain cap.
Good cause includes the tenant's lease violation, nonpayment of rent, criminal activity, or your intention to occupy the unit or undertake capital improvements.
How Long Do I Have to Keep Rental Records?
New York law does not specify a retention period for rental records, but best practice is to keep records for at least three to six years after a tenant moves out.
This covers the statute of limitations for most civil disputes and allows you to defend yourself if a tenant sues for a security deposit refund or rent abatement.
What Should I Include in My Lease to Comply With New York Law?
Your lease must include the property address, tenant name, rent amount, rent due date, lease duration, the number of occupants, utilities, maintenance responsibilities, and house rules.
New York also requires that you disclose security deposit terms, application fees (if charged), and any applicable rent regulations (ETPA or Good Cause Eviction).
