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December 14, 2021

More Things to Know About Rental Laws in New York State

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate
Rental Laws in New York

New York’s Housing and Stability Tenant Protection Act (HSTPA) effective June 14, 2019 contained changes in law that may have been overlooked or not given sufficient attention by landlords, tenants, and real estate practitioners. It is some of those issues that are addressed in this article.

 

One applies to evictions for non-payment of rent and holdover proceedings against the tenant; situations where the tenant remains in occupancy beyond the termination of the lease without the landlord’s consent.

 

With both nonpayment and holdover proceedings, the HSTPA gives courts statewide discretion to grant an occupant a stay, (non-removal from the rental unit), of up to one year. Factors courts may consider when granting a stay, or deciding the length of a stay are whether the eviction would cause any of the following: extreme hardship if a stay was not granted; serious ill health; significant exacerbation of ongoing condition; a child’s enrollment in a local school; any other extenuating life circumstances that would affect the quality of life,

 

Another issue addressed in the HSTPA that warrants consideration pertains to the landlord’s obligation to mitigate damages. Prior to 1995, courts in the Bronx and Manhattan did not require the landlord to make a good-faith effort to re-rent the apartment if a tenant vacated before the expiration of the lease in order to be entitled to the rent that would have been due had the tenant remained in occupancy. This is known as the landlord’s obligation to mitigate damages. The courts in other areas, including Brooklyn, Queens, Staten Island, Nassau and Suffolk Counties did require the landlord to mitigate damages in order to be entitled to collect the rent from the vacating tenant.

 

In 1995, in Holly Properties v. Kenneth Cole, New York’s highest court, the Court of Appeals, consistent with the practice in Manhattan and the Bronx,  ruled that a landlord had no obligation to mitigate damages. The state legislature addressed this issue in the HSTPA and landlords in the State of New York are now required to make a good-faith effort to re-rent the apartment or forfeit the rent due from the vacating tenant everywhere in the State of New York..

 

An often overlooked section of New York Real Property Law, (RPL section 235-f), that has been in effect since 1983 is commonly known as the “Roommate Law.” The law provides that a landlord may not restrict occupancy to the tenants named on the lease. The landlord must permit each tenant and the tenant’s immediate family to occupy the apartment, and each tenant may have one person occupying the apartment not named on the lease and the occupant’s dependent children. The tenant who wishes to have an occupant is required to notify the landlord within thirty days following the roommate taking occupancy.. The landlord may not refuse the occupancy, and the tenant may not bargain away the right.  To do so is considered against public policy. The number of occupants is limited by laws of the jurisdiction where the property is located. Courts have applied the Roommate Law to  cooperative and condominium housing. i.e. Sherwood Village Cooperative A. v. Joshua J. Slovik

 

Another issue is that of subletting an apartment. In New York, in a rental property of less than four units, a landlord may prohibit subletting. If the property is four or more units, the landlord may not unreasonably deny subletting.

 

Assignment of the lease to a third party without the landlord’s consent is prohibited. If the property is four or more units and the landlord unreasonably denies assignment, the lease may be terminated by a court.

 

Contrary to popular belief, in New York, unless the lease states otherwise, the rent is due in arrears, at the end of the month. Rent due on the first of the month is not automatic. The lease must state it.

 

Readers should consult an attorney licensed to practice law in New York with any questions regarding the issues discussed in this article.

 

 

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Book Signing – Out East From Above at WAVE

May 29 @ 05:00 PM - May 29 @ 07:00 PM
WAVE Social Wellness - Southampton
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SAG HARBOR IN FOCUS – Photography Exhibiton: Opening Reception, Fashion Show, and Award Ceremony

May 29 @ 05:00 PM - May 29 @ 07:00 PM
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May 29 @ 05:00 PM - May 31 @ 08:00 PM
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May 29 @ 05:30 PM - May 29 @ 09:30 PM
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Clint Bennett Jr. A 14th Generation Bayman and his Bennett Shellfish Establishment  in Montauk

Clint Bennett Jr. A 14th Generation Bayman and his Bennett Shellfish Establishment in Montauk

  • NAMIRO made its Southampton debut in style on May 17 with a ribbon-cutting ceremony and VIP cocktail preview, joined by Mayor Manger. Guests enjoyed signature bites and high-energy vibes at this invite-only event.⁠
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Conceptualized by music and hospitality heavyweights, NAMIRO Sushi is more than a restaurant—it’s where sleek design, elevated Asian cuisine, and nightly celebration collide. Located at 76C Jobs Lane in Southampton, NAMIRO opened its doors to the public on May 21 and is open seven days a week, year-round.⁠
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📸: Rob Rich/SocietyAllure.com ©2025 ⁠
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Check out the gallery at Hamptons.com (Link in Bio)⁠
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#namirosushi #hamptons #southampton ⁠
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  • It’s Memorial Day Weekend in The Hamptons! 

So many pop-ups, collaborations, and more! 

🎶 Chloe Caillet & Kaytranada at The Surf Lodge
📍 183 Edgemere St, Montauk, NY
📅 Saturday, May 24 | 🕓 Doors at 4PM

🔥 SlowFires NYC x Ruschmeyers Pizza Pop-Up
📍 Ruschmeyers, 161 2nd House Rd, Montauk, NY
📅 Fri, May 23 – Sat, May 24 | 🕓 4–9PM

🎨 Dolce Vita Pop-Up in Southampton
📍 95 Main Street, Southampton, NY
📅 Fri, May 23 – Sun, May 25 | 🕚 11AM–3PM
Dolce Vita x Down the Street’s Summer Art Series: view new art drops, shop, and enjoy seasonal treats.

👜 Lands’ End x Round Swamp Farm
📍 Round Swamp MTK – 71 S Elmwood Ave, Montauk
📍 Round Swamp BH – 97 School Street, Bridgehampton, NY
📅 Fri, May 23 – Sat, May 24 | 🕣 8:30AM–6PM
Get a custom tote with any $200+ purchase—1 per customer.
📸 AD: Ryan Woehler | 📷: Chris Klinge | 👗: Jenny Huebner | 📸 Asst: Dan Kleinschmidt

🎤 Hello Brooklyn at The Stephen Talkhouse
📍 161 Main St, Amagansett, NY
📅 Saturday, May 24 | 🕥 10:30PM
It’s not a true Hamptons weekend without a night at Talkhouse! Dance the night away with Hello Brooklyn.

🍪 Levain Bakery X John’s Drive-In
📍 Levain Bakery, 354 Montauk Hwy, Wainscott, NY
📅 Starts May 23 | 🕗 8AM–5PM
Thick, gooey Levain cookies + classic scoops from John’s = summer magic.

🪩 Silent Disco Dance Party at Guild Hall
📍 158 Main St, East Hampton, NY
📅 Sunday, May 25 | 🕗 8–11PM
Dance in the garden!

🪁 Kites for Kids Benefit at Main Beach
📍 101 Ocean Ave, East Hampton, NY
📅 Saturday, May 24 | 🕑 2–5PM
Decorate & fly a kite—all proceeds benefit the Eleanor Whitmore Early Childhood Center.
📸 Photo Credit: John Musnicki

🍻 Jon Divello at Kidd Squid
📍 11 Spring St, Sag Harbor, NY
📅 Sunday, May 25 | 🕔 5–7PM
Live music + fresh brews = perfect weekend vibes.

🌸 Garden Club of East Hampton’s Garden Party
📍 Mulford Farm, 10 James Lane, East Hampton, NY
📅 Friday, May 23 | 🕕 6–8PM
Enjoy hors d’oeuvres, drinks, and a Silent Auction featuring art, books, and more.

🌿 Jenni Kayne’s Hamptons Kickoff
Celebrate summer with in-store events all weekend long at the Amagansett Store and the Southampton Store!
📸 Photo Credit: Holly Sarah Burgess

Tap the link in bio for info!
  • My curiosity piqued when I saw the new, shovel-ready plans at 28 Pepperidge Lane in Amagansett. Included with this nearly two-acre property, are sophisticated and luxurious plans by the firm Resolution: 4 Architecture (RES4). New construction in the Hamptons isn’t easy—but what if your dream home could be architect-designed and delivered directly to you? What is the latest in prefab architecture in 2025?⁠
⁠
To explore this intriguing approach further, Scott connected me directly with Robert Luntz, the co-founder of RES4. See our conversation on redefining luxury through modern modular design, its growing relevance in the Hamptons, and the future of high-end prefabrication.⁠
⁠
For more information about the plans in place at 28 Pepperidge Lane, Amagansett, contact Scott Bradley.⁠
⁠
RES4 has been a pioneer in modern prefab architecture. What inspired you to focus on this method of construction?⁠
⁠
We’ve spent over two decades innovating ways to deliver exceptional, modern homes efficiently and affordably. Our modular methodology uniquely allows us to combine luxury, precision, and accessibility, transforming the landscape of high-end housing by delivering refined design to a broader market.⁠
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@resolution4architecture @hamptons_waterman_lifestyle @hamptonsrealestate⁠
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Read the full interview at Hamptons.com. (Link in Bio)⁠
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#architecture #hamptons #hamptonsrealestate #luxury⁠
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  • NYC Second Chance Rescue hosted its 5th Annual Rescue Ball Gala — a dazzling evening of compassion, community, and celebration — at Pier Sixty in New York City.⁠
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The event honored two inspiring individuals for their outstanding advocacy and dedication to animal welfare: Martha Stewart, iconic lifestyle entrepreneur and lifelong animal champion, and Dr. Dan Belkin, leading dermatologist and passionate rescue animal advocate.⁠
⁠
Set against the stunning waterfront views of Pier Sixty, the gala brought together philanthropists, celebrities and compassionate supporters to champion NYC Second Chance Rescue’s mission. The night featured a special live performance by Rob Thomas, a special appearance by Georgina Bloomberg, a lively auction led by celebrity host Elvis Duran, host of Elvis Duran and the Morning Show on Z100, surprise guest Alexandra Daddario, and a high-energy DJ set by GEO ROC that kept guests dancing for a cause.⁠
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📸: Sylvain Gaboury/PMC⁠
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Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#secondchancerescue #nyc #marthastewart #robthomas ⁠
  • The 14th Annual Montauk Music Festival is back! ⁠
⁠
Check out the top Hamptons events this weekend!⁠
⁠
🎶 Montauk Music Festival⁠
📅 Fri, May 16 – Sun, May 18⁠
📍 Multiple venues, Montauk, NY⁠
A volunteer-run, grassroots celebration of Montauk’s vibrant live music scene.⁠
⁠
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🐾 ARF’s Pet Celebration Day⁠
📅 Sat, May 17 | 📍 124 Daniel Hole Rd, East Hampton⁠
A tail-wagging good time! ⁠
⁠
⁠
🧵 Airing of the Quilts⁠
📅 Sat, May 17 | 12–5PM⁠
📍 The Art Center at Duck Creek, East Hampton⁠
A beloved outdoor tradition! Bring a quilt, share your story, and explore the beauty of the log cabin pattern.⁠
⁠
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🌴 Jimmy Buffett Day at Clubhouse Hamptons⁠
📅 Sat, May 17 | 1–5PM⁠
📍 174 Daniels Hole Rd, East Hampton⁠
Tropical attire encouraged! Live music, raffles, and good vibes—all for a great cause.⁠
⁠
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🎉 Hampton Library’s Family Fest Fundraiser⁠
📅 Sat, May 17 | 2–5PM⁠
📍 Channing Daughters Winery, Bridgehampton⁠
Games, music, food trucks, and “The Sled” mobile tech library—family fun with a local flair!⁠
⁠
⁠
🎸 Jackie Greene at The Stephen Talkhouse⁠
📅 Fri, May 16 | 7PM⁠
📍 161 Main St, Amagansett⁠
Roots rocker Jackie Greene takes the stage. Don’t miss this intimate performance!⁠
⁠
⁠
🚲 Springs Bike Ride⁠
📅 Sat, May 17 | 10AM–12PM⁠
📍 Start: Bridge Lane over Sag Pond⁠
Ride through historic Springs after a quick tour of the local library and historical society.⁠
⁠
⁠
😂 Comedy in The Hamptons: Joe DeVito⁠
📅 Sat, May 17 | 7–10:30PM⁠
📍 Canoe Place Inn, Hampton Bays⁠
Catch NYC comedy favorite Joe DeVito for a night of nonstop laughs.⁠
⁠
⁠
💿 Hamptons Vinyl Record Fair⁠
📅 Sun, May 18 | 12–6PM⁠
📍 LTV Studios, Wainscott⁠
Dig through crates, catch live sets, and vibe with fellow music lovers.⁠
⁠
⁠
🎬 Now Playing at Sunset Theater: Sinners⁠
📅 Fri, May 16 – Mon, May 19⁠
📍 2 Brook Rd, Westhampton Beach⁠
A chilling new horror film starring Michael B. Jordan and Hailee Steinfeld.⁠
⁠
⁠
📷 Anthony Lombardo Photography Exhibition⁠
📅 Sat, May 17 | 12–4PM⁠
📍 Southampton Cultural Center⁠
A showcase of stunning visuals from a standout local photographer.⁠
⁠
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📲 Head to Hamptons.com for more events!⁠
⁠
#hamptonsweekend #montaukmusicfestival #weekend⁠
⁠
  • On Tuesday, April 29th, Kenneth Cole and co-hosts led a special launch event at the Core Club in New York City in partnership with the Mental Health Coalition ahead of Mental Health Awareness Month.⁠
⁠
The evening began with an intimate reception, allowing guests to mingle and connect over cocktails. It was followed by an elegant seated dinner and a special performance from multi-platinum recording artist Rachel Platten.⁠
⁠
Check out the full gallery at Hamptons.com (Link In Bio)⁠
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📸: Photography Courtesy of BFA: Yvonne Tnt⁠
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#kennethcole #rachelplatten #rachelrosnahan #nyc
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