New York regulations

Title 9 Part 2105

Executive Department

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8 sections

Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 8 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 2105.1 - General prohibitions

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Dates and status
Compiling agency
Executive Department
Text status
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Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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No later Register activity identified in this check.
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Jun 6, 2026

It shall be unlawful, regardless of any contract, lease or other obligation heretofore or hereafter entered into, for any person to demand or receive, any rent for any housing accommodations in excess of the maximum rent, or otherwise to do or omit to do any act, in violation of any regulation, order or requirement under the Act or this Subchapter, or to offer, solicit, attempt or agree to do any of the foregoing.

(a)The term rent as hereinbefore defined shall also include the payment by a tenant of a fee or rental commission to a landlord or to any person or real estate broker where such person or real estate broker is an agent or employee of the landlord or is employed by the landlord in connection with the operation of the building, or where such person or real estate broker manages the building in which the housing accommodation is located, or where the landlord or his employee refer the tenant to such person or real estate broker for the purpose of renting the housing accommodation. Where the landlord has listed the housing accommodation with such person or real estate broker for rental purposes such fact shall be prima facie evidence of the existence of an agency relationship between such other person or real estate broker and the landlord for the purposes of this section.

9 NYCRR 2105.2 - Evasion

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Dates and status
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Executive Department
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Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

The maximum rents and other requirements provided in this Subchapter shall not be evaded, either directly or indirectly, in connection with the renting or leasing or the transfer of a lease of housing accommodations by requiring the tenant to pay, or obligate himself for membership or other fees, or by modification of the practices relating to payment of commissions or other charges, or by modification of the services furnished or required to be furnished with the housing accommodations, or otherwise.

9 NYCRR 2105.3 - Purchase of property as condition of renting

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Dates and status
Compiling agency
Executive Department
Text status
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Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
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Source snapshot
Jun 6, 2026
(a)No person shall require a tenant or prospective tenant to purchase or agree to purchase furniture or any other property as a condition of renting housing accommodations.
(b)The term person as used in this section shall include an agent or any other employee of a landlord acting with or without the authority of his employer.
(c)The term person as used in this section shall also include a tenant in occupancy of housing accommodations who attempts to sell furniture or any other property to an incoming tenant.

9 NYCRR 2105.4 - Term of occupancy

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Dates and status
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Executive Department
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Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

No tenant shall be required to change his term of occupancy; for example, a tenant on a monthly basis shall not be required to change to a weekly basis, and a tenant on a weekly basis shall not be required to change to a daily basis.

9 NYCRR 2105.5 - Security deposits

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Executive Department
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Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

L. 1964, ch. 244

Regardless of any contract, agreement, lease or other obligation heretofore or hereafter entered into, no person shall demand, receive or retain a security deposit for or in connection with the use and occupancy of housing accommodations, except (a) if the demand, collection, or retention of such security deposit was permitted under the rent regulations promulgated pursuant to the federal Act, and said security deposit does not exceed the rent for one month in addition to the authorized collection of rent; or (b) if the demand, collection, or retention of such security deposit was pursuant to a rental agreement with the tenant and said security deposit does not exceed the rent for one month (or for one week where the rental payment period is for a term of less than one month) in addition to the authorized collection of rent and provided (1) that said security deposit shall be deposited in an interest-bearing account in a banking organization on and after September 1, 1970; (2) the person depositing such security money shall be entitled to receive, as administration expenses, a sum equivalent to one percent per annum upon the security money so deposited; (3) the balance of the interest paid by the banking organization shall be held in trust until repaid or applied for the rental of the housing accommodations, or annually paid to the tenant; and (4) so long as the landlord complies with the provisions of section 7-103 of the General Obligations Law.

9 NYCRR 2105.6 - Lease with option to buy

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(a)Where a lease of housing accommodations was entered into prior to May 1, 1950, and the tenant, as a part of such lease or in connection therewith, was granted an option to buy the housing accommodations which were the subject of the lease, with the further provision that some or all of the payments made under the lease should be credited toward the purchase price in the event such option is exercised, the landlord, notwithstanding any other provision of this Subchapter, may be authorized to receive payment made by the tenant in accordance with the provisions of such lease and in excess of the maximum rent for such housing accommodations.
(1)Such authority may be secured only by a written request of the tenant to the local rent office and may be granted by order of the Administrator if he finds that such payments in excess of the maximum rent will not be inconsistent with the purposes of the Act or this Subchapter and would not be likely to result in the circumvention or evasion thereof.
(2)After entry of such order the landlord shall be authorized to demand, receive and retain, and the tenant shall be authorized to offer payments provided by the lease in excess of the maximum rent for periods commencing on or after May 1, 1950. After entry of such order, the provisions of the lease may be enforced in accordance with law, notwithstanding any other provision of this Subchapter.
(3)Nothing in this section shall be construed to authorize the landlord to demand or receive or the tenant to offer payments in excess of the maximum rent in the absence of an order of the Administrator as herein provided.
(b)Where a lease of housing accommodations has been entered into on or after May 1, 1950 and the tenant as a part of such lease or in connection therewith has been granted an option to buy the housing accommodations which are the subject of the lease, the landlord prior to the exercise by the tenant of the option to buy, shall not demand or receive nor shall the tenant offer payments in excess of the maximum rent, whether or not such lease allocates some portion or portions of the periodic payments therein provided as payment on or for the option to buy.

9 NYCRR 2105.7 - Disclosure by employees

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

It shall be unlawful for any officer or employee of the commission, or for any official adviser or consultant to the commission, to disclose, otherwise than in the course of official duty, any information obtained under the Act, or to use any such information for personal benefit.

9 NYCRR 2105.8 - Conduct with intent to cause the tenant to vacate

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

It shall be unlawful for any landlord or any person acting on his behalf, with intent to cause the tenant to vacate, to engage in any course of conduct (including, but not limited to, interruption or discontinuance of essential services or filing of false documents with or making false statements to the commission) which interfere with or disturbs or is intended to interfere with or disturb the comfort, peace, repose or quiet of the tenant in his use or occupancy of the housing accommodations. (See section 10, subdivision 5 of the Act.)

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