New York Real Property Law Basics: Leases, Foreclosure, Liens and Trees in 2026
Short answerIt depends on the issue. New York real property law is spread across the Real Property Law, the Real Property Actions and Proceedings Law and the Lien Law. They cover rental habitability, foreclosure notices, mechanic’s liens, tree damage and who must hold a broker license.
Last verified: October 29, 2026 against RPL §§ 226-c, 235-b and 440-a, RPAPL §§ 861, 1303, 1304 and 1371, CPLR 5206, Lien Law § 10 and the DFS exemption schedule
New York real property law is not one statute. It is a set of laws that decide what you can do with land, a home or a building, and what a landlord, lender or neighbor can do to you. This page covers the basics owners, tenants and buyers ask about most. It is general information, not legal advice. Browse more on our housing and property laws page.
Key facts
- Habitability: every residential lease carries a warranty of habitability under
RPL § 235-b, and a tenant cannot waive it. - Rent notice: 30, 60 or 90 days of written notice for an increase of 5 percent or more, under
RPL § 226-c. - Foreclosure: a 90-day notice comes first, under
RPAPL § 1304. - Homestead: $102,400 to $204,825 of home equity is protected from judgment creditors, depending on the county.
- Liens: a mechanic’s lien is filed with the county clerk, usually within 8 months, or 4 months for a single-family home.
What does the New York Real Property Law cover?
The Real Property Law (RPL) covers deeds, landlord and tenant duties and broker licensing. Court procedure sits in the Real Property Actions and Proceedings Law (RPAPL), which governs foreclosures and tree-damage suits.
What is the warranty of habitability?
It is a promise built into every residential lease, written or oral, that the home is fit to live in and free of conditions that endanger your life, health or safety. RPL § 235-b says a tenant cannot give up this right, and any lease clause that tries is void.
For housing code complaints in New York City, contact the Department of Housing Preservation and Development (HPD).
How much notice must a landlord give for a rent increase?
A landlord must give written notice before raising the rent by 5 percent or more, or before not renewing a tenancy. RPL § 226-c sets the notice period by how long you have lived there or how long your lease runs, whichever is longer.
| Your occupancy or lease | Notice required |
|---|---|
| Under 1 year, no lease of a year or more | 30 days |
| 1 year to under 2 years, or a lease of 1 to under 2 years | 60 days |
| More than 2 years, or a lease of 2 years or more | 90 days |
A late notice means your tenancy continues on its current terms until the period ends.
How does foreclosure work in New York?
New York foreclosures go through a court, and the homeowner gets several written warnings first. For a covered home loan on a one-to-four family home you live in, the lender or servicer must send a notice at least 90 days before starting the case. RPAPL § 1304 requires it by registered or certified mail and by first-class mail, in a separate envelope.
The notice must list housing counseling agencies for your county. A second notice under RPAPL § 1303 goes with the summons and complaint, and tenants in the building get their own notice within 10 days.
What is a deficiency judgment?
It is a court order that you still owe the gap when a sale brings in less than the debt. Under RPAPL § 1371, the lender must move for it within 90 days after the deed is delivered to the buyer. If the lender misses that window, the sale price counts as full payment.
What does the New York homestead exemption protect?
The homestead exemption shields part of the equity in your main home from judgment creditors. CPLR § 5206 covers a house, a co-op, a condominium unit or a mobile home that you own and live in. The dollar limits depend on the county and change on a schedule.
The Department of Financial Services lists three amounts effective April 1, 2024: $102,400, $170,700 and $204,825. The highest tier applies to the five New York City boroughs and to Nassau, Suffolk, Rockland, Westchester and Putnam counties. The next adjustment is April 1, 2027. If you divorce, the home may be split as marital property, which we explain on our New York divorce laws page.
How do mechanic’s liens work in New York?
A contractor or supplier who is not paid can file a notice of lien against the property. Lien Law § 10 allows filing during the work or within eight months after the contract is completed. For a single-family dwelling the window is four months. The notice goes to the county clerk.
Can you cut down a neighbor’s tree?
No, not without the owner’s consent, and the cost can be steep. RPAPL § 861 lets a landowner sue someone who cuts, removes or destroys trees on their land. The owner can recover treble the stumpage value, or $250 per tree, or both, plus damage to the land.
A defendant who proves by clear and convincing evidence a reasonable belief that the land was theirs, or an easement, avoids the treble multiplier but still owes the stumpage value or $250 per tree and restoration.
Is real estate wholesaling legal in New York?
The answer turns on what you actually do. RPL § 440-a bars anyone from acting as a real estate broker or salesperson without a license. A broker negotiates a sale for another person and for pay. The sections we checked do not mention wholesaling by name, so a deal where you negotiate for an owner and take a fee can raise a licensing question. Ask the Department of State or a New York real estate attorney first.
New York City rules
The Real Property Law and the homestead exemption apply in all five boroughs, and the city falls in the top homestead tier. The city adds its own rules on top, mostly through HPD and the Rent Guidelines Board for rent-stabilized homes. A co-op or condo you live in qualifies for the homestead exemption.
Frequently asked questions
Does New York require a notice before a foreclosure?
Yes. For a covered home loan on a one-to-four family home you live in, RPAPL § 1304 requires a 90-day notice before the lender starts the case. A second notice under RPAPL § 1303 goes with the summons and complaint.
How long does a lender have to seek a deficiency judgment?
Ninety days after the sale deed is delivered to the buyer, under RPAPL § 1371. The request goes with the motion to confirm the sale. If the lender misses the deadline, the sale proceeds count as full payment.
Can a landlord raise my rent without warning?
Not by 5 percent or more. RPL § 226-c requires written notice of 30, 60 or 90 days, depending on how long you have lived there or how long your lease runs.
How much does the homestead exemption protect?
It protects $102,400, $170,700 or $204,825 of equity, depending on your county, since April 1, 2024. CPLR § 5206 covers a house, co-op, condo unit or mobile home that you own and live in.
How long do I have to file a mechanic’s lien?
Eight months after completing the contract in most cases, or four months for a single-family dwelling, under Lien Law § 10. File with the clerk of the county where the property is located.
What changed on this page
- October 29, 2026: first publication, checked against the Real Property Law, the Real Property Actions and Proceedings Law, CPLR 5206, the Lien Law and the DFS exemption schedule. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For a housing code problem, write to your landlord, then contact your local code enforcement office or, in New York City, HPD. For licensing questions, contact the New York Department of State. For a lien, foreclosure or tree dispute, talk to a New York-licensed real estate attorney. The New York State Bar Association lawyer referral service can help you find one.
