Title 9 Part 2505 NYCRR — browse free

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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 2505.1 - General prohibitions

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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)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 legal regulated rent, or otherwise to do or omit to do any act, in violation of any regulation, order or requirement under the act or this Chapter, or to offer, solicit, attempt or agree to do any of the foregoing.

(b)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 2505.2 - Evasion

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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

The legal regulated rents and other requirements provided in this Chapter 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 2505.3 - Conditional rental

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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)No person shall require a tenant or prospective tenant to purchase or lease, or agree to purchase or lease, furniture or any other personal property, such as shares to an apartment prior to an approved plan of cooperative conversion, as a condition of renting housing accommodations.

(b)No person shall require a tenant or prospective tenant to agree as a condition of renting a housing accommodation, that the housing accommodation shall not be used as the tenant's primary residence.

(c)No person shall require a tenant or prospective tenant to sign a lease or other rental agreement in the name of a corporation or for professional or commercial use as a condition of renting a housing accommodation when the apartment is to be used as the primary residence of the prospective tenant for residential purposes.

(d)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.

(e)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 2505.4 - Security deposits

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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

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 or occupancy of housing accommodations, which exceeds the rent for one month in addition to the authorized collection of rent; provided, however, that where a lease in effect on December 1, 1983 validly required a greater security deposit, such requirement may continue in effect during the term of such lease and any renewals thereof with the same tenant. However, no owner shall demand, receive or retain a security deposit or advance payment for or in connection with the use or occupancy of a housing accommodation by any tenant who is 65 years of age or older, which exceeds the rent for one month for any lease or lease renewal entered into after July 1, 1996. Such security deposits shall be subject to the following conditions:

(a)the security deposit shall be deposited in an interest-bearing account in a banking organization;

(b)the person depositing such security deposit shall be entitled to receive, as administrative expenses, a sum equivalent to one percent per annum upon the security money so deposited;

(c)at the tenant's option, the balance of the interest paid by the banking organization shall be applied for the rental of the housing accommodation, or held in trust until repaid, or annually paid to the tenant; and

(d)the owner otherwise complies with the provisions of article 7 of the General Obligations Law.

9 NYCRR 2505.5 - 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 division, or for any official advisor or consultant to the division, 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 2505.6 - 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 division) which interferes 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.

9 NYCRR 2505.7 - Subletting; assignment

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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)Housing accommodations subject to these regulations may be sublet in accordance with the provisions, and subject to the limitations, of section 226-b of the Real Property Law provided the additional provisions of this section are complied with and provided further that the prime tenant can establish that at all times he has maintained the housing accommodation as his primary residence and intends to occupy it as such at the expiration of the sublease.

(b)The rental charged to the subtenant shall not exceed the legal regulated rent plus a 10-percent surcharge payable to the prime tenant if the housing accommodation is sublet with the prime tenant's furniture. Where a prime tenant violates the provisions of this subdivision, the subtenant shall be entitled to damages as provided in section 2506.1 of this Title.

(c)The tenant may not sublet a housing accommodation for more than a total of two years, including the term of the proposed sublease, out of the four-year period preceding the termination date of the proposed sublease, but this provision shall not apply to any sublease commencing prior to July 1, 1983. The term of a proposed sublease may, if lawful under this section, extend beyond the term of the prime tenant's lease, and a landlord may not refuse consent to a sublease solely because it extends beyond such term. A sublease which so extends shall be subject to the prime tenant's right to a renewal lease.

(d)The prime tenant, rather than the subtenant, retains the right to (1) a renewal lease, whether or not the term of the sublease extends beyond the term of the prime tenant's lease; and (2) the rights and status of a tenant in occupancy with respect to conversion to condominium or cooperative ownership.

(e)An owner may terminate the tenancy of a tenant who sublets or assigns contrary to the terms of this section, but no action or proceeding based upon the nonprimary residence of a tenant may be commenced prior to the expiration date of his lease.

(f)Upon the consent of an owner to an assignment, regardless of whether or not the lease is a renewal lease, the legal regulated rent payable to the owner effective upon the date of such assignment may be increased by:

(1)the increase provided for in section 2502.7 of this Title; and

(2)which may be further increased by the vacancy allowance, if any, provided in the rent guidelines board order in effect at the time of the commencement date of the lease.

Such increases shall remain part of the legal regulated rent for any subsequent renewal lease.

9 NYCRR 2505.8 - Occupancy by persons other than tenant of record or tenant's immediate family

No later Register activity identified in this check.

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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)Housing accommodations subject to the act and this Subchapter may be occupied in accordance with the provisions and subject to the limitations of section 235-f of the Real Property Law.

(b)The rental amount that a tenant may charge a person in occupancy pursuant to section 235-f of the Real Property Law shall not exceed such occupant's proportionate share of the legal regulated rent charged to and paid by the tenant for the subject housing accommodation. For the purposes of this subdivision, an occupant's proportionate share shall be determined by dividing the legal regulated rent by the total number of tenants named on the lease and the total number of occupants residing in the subject housing accommodation. However, the total number of tenants named on the lease shall not include a tenant's spouse, and the total number of occupants shall not include a tenant's family member or an occupant's dependent child. Regardless of the number of occupants, tenants named on the lease shall remain responsible for payment to the owner of the entire legal regulated rent. The charging of a rental amount to an occupant that exceeds that occupant's proportionate share shall be deemed to constitute a violation of this Subchapter.

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