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Freeport is an incorporated village in Nassau County on Long Island, New York, with a population of roughly 43,000 residents. A significant share of Freeport households are renters, and many tenants seek information about rent increases, security deposit returns, and the eviction process. Because Freeport is located outside New York City and has not adopted a local rent stabilization law, most tenant protections come entirely from New York State statutes — particularly the Housing Stability and Tenant Protection Act of 2019 (HSTPA) and the New York Real Property Law (RPL).
The HSTPA dramatically strengthened tenant protections statewide, extending notice requirements, capping application fees, tightening security deposit rules, and adding just-cause eviction protections for certain tenants. While these reforms were often associated with New York City, many provisions apply to all renters across New York State, including those in Nassau County villages like Freeport.
This page summarizes the landlord-tenant laws most relevant to Freeport renters. It is intended as general educational information only and does not constitute legal advice. Laws can change, and individual circumstances vary — consult a qualified attorney or legal aid organization for advice specific to your situation.
No Rent Control in Freeport: Freeport has no local rent control or rent stabilization ordinance. New York's Emergency Tenant Protection Act of 1974 (ETPA) allows municipalities outside New York City to opt into rent stabilization when vacancy rates fall below 5%, but Nassau County and the Village of Freeport have not activated ETPA protections. As a result, there is no cap on how much a landlord can raise the rent between lease terms for unregulated units in Freeport.
In practice, this means that when your lease expires, your landlord may offer a renewal at any rent they choose, and you are free to accept or decline. However, the landlord must still provide the legally required advance notice of any rent increase — under NY RPL § 226-c, landlords must give 30, 60, or 90 days written notice of a rent increase (or non-renewal), depending on the length of your tenancy. Failing to give proper notice can give the tenant grounds to remain in possession or challenge a subsequent eviction.
Renters in state-regulated housing (such as units in buildings that received certain tax exemptions or subsidies) may have separate protections under other state or federal programs. If you believe your unit may be subject to regulation, contact the New York State Homes and Community Renewal (HCR) at hcr.ny.gov.
Warranty of Habitability (NY RPL § 235-b): Every residential lease in New York carries an implied warranty of habitability. Landlords must maintain rental units in a safe, clean, and livable condition, including providing heat, hot water, working plumbing, and structural safety. Tenants whose landlords breach this warranty may withhold rent, repair-and-deduct in certain circumstances, or pursue a rent reduction in Housing Court.
Heat and Hot Water: Under the New York State Multiple Dwelling Law and the New York State Fire Prevention and Building Code, landlords must provide heat of at least 68°F between 6 a.m. and 10 p.m. when outdoor temperatures fall below 55°F, and at least 55°F at night, from October 1 through May 31. Hot water must be supplied year-round at a minimum temperature of 120°F.
Advance Notice of Rent Increases and Non-Renewals (NY RPL § 226-c): As of the HSTPA 2019, landlords must provide written notice before raising rent or refusing to renew a lease: 30 days notice for tenancies of less than 1 year; 60 days for tenancies of 1–2 years; and 90 days for tenancies of 2 years or more. If the landlord fails to provide proper notice, the tenant may remain in occupancy for the notice period after such notice is eventually given.
Security Deposit Rules (NY General Obligations Law § 7-108): Landlords may collect no more than one month's rent as a security deposit for most residential tenancies. The deposit must be kept in a separate bank account and the landlord must disclose the account details. Within 14 days of the tenant vacating, the landlord must return the deposit with an itemized written statement of any deductions. See the dedicated Security Deposit section below.
Application Fee Cap (NY RPL § 238-a): Landlords and their agents may not charge a rental application fee greater than $20. Credit and background check fees are limited to the actual cost of the report, and the landlord must provide a copy of any report obtained.
Anti-Retaliation (NY RPL § 223-b): It is unlawful for a landlord to retaliate against a tenant for complaining to a governmental agency about housing conditions, organizing a tenant association, or exercising any legal right. Retaliatory actions include raising rent, reducing services, or commencing eviction within one year of the protected activity. A tenant facing retaliation may raise it as a defense in an eviction proceeding or pursue damages.
Prohibition on Self-Help Eviction (NY RPL § 853): A landlord may not evict a tenant by locking them out, removing their belongings, or shutting off utilities. Such conduct is illegal under NY RPL § 853, and a tenant who is unlawfully locked out may seek immediate restoration of possession in Housing Court, plus damages of up to three times the actual damages suffered.
Domestic Violence Protections (NY RPL § 227-c): Tenants who are victims of domestic violence, sexual assault, or stalking may terminate a lease early upon proper documentation and written notice, without penalty, under NY RPL § 227-c.
One-Month Cap: Under the New York General Obligations Law § 7-108 (as amended by the HSTPA 2019), landlords may collect a security deposit of no more than one month's rent for most residential tenancies. This applies to new leases and renewals entered into on or after June 14, 2019.
Separate Account Requirement: The landlord must deposit the security deposit in a separate, interest-bearing bank account. For buildings with six or more units, the interest must be credited to the tenant annually (less a 1% administrative fee). For buildings with fewer than six units, the landlord may keep the interest unless a lease provision states otherwise. The landlord must disclose the name and address of the bank and the account number upon the tenant's written request.
14-Day Return Deadline: After the tenant vacates and surrenders possession, the landlord must return the security deposit — along with an itemized written statement of any deductions — within 14 days (NY GOL § 7-108(e)). If the landlord fails to provide the itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit and must return it in full.
Permitted Deductions: Landlords may deduct for unpaid rent and for damages beyond normal wear and tear. They may not deduct for ordinary wear and tear, pre-existing conditions, or cleaning that would be considered routine. Photographs and a move-in checklist are strongly recommended to document the unit's condition at the start of the tenancy.
Remedies: If a landlord wrongfully withholds the security deposit, the tenant may sue in Nassau County District Court (Small Claims Part) for return of the deposit, plus court costs. Under NY GOL § 7-108, willful failure to return the deposit after proper demand can result in a court award of double the deposit as liquidated damages.
Just Cause Requirement: Under the HSTPA 2019, landlords in New York must have a legally valid reason to terminate a residential tenancy and commence eviction proceedings. Valid grounds include nonpayment of rent, violation of a material lease term, use of the unit for illegal purposes, and the owner seeking the unit for personal occupancy (with specific requirements). A landlord may not evict a tenant simply because the lease has ended without providing a legally recognized basis.
Required Written Notices: Before filing in court, the landlord must serve the appropriate written notice:
Court Filing — Nassau County District Court: If the tenant does not comply with the notice, the landlord may file a summary proceeding (holdover or nonpayment) in the Nassau County District Court, Housing Part, located at 99 Main Street, Hempstead, NY 11550. The court will schedule a hearing, and the tenant has the right to appear and present a defense.
Judgment and Warrant of Eviction: If the court rules in the landlord's favor, a judgment for possession is entered and the court may issue a Warrant of Eviction. Under NY RPAPL § 749, only a New York City Marshal or Nassau County Sheriff (outside NYC) may execute the warrant and physically remove a tenant. The tenant is typically given at least 72 hours notice before physical removal.
Self-Help Eviction Is Illegal: A landlord who changes the locks, removes doors or windows, shuts off utilities, or removes the tenant's belongings to force them out without a court order is committing an illegal lockout under NY RPL § 853. The tenant may apply to court for immediate restoration and may recover up to three times their actual damages.
Tenant Defenses: Common defenses in eviction proceedings include: the landlord's failure to maintain habitable conditions (warranty of habitability under NY RPL § 235-b), retaliatory eviction (NY RPL § 223-b), improper or defective notice, and acceptance of rent after the notice was served.
The information on this page is provided for general educational purposes only and does not constitute legal advice. Tenant rights laws are complex, subject to change, and may be affected by the specific facts of your situation. The Housing Stability and Tenant Protection Act of 2019 and other statutes cited here reflect the law as understood in April 2026, but subsequent legislative amendments or court decisions may alter their application. Renters in Freeport, NY who have questions about their specific circumstances should consult a qualified attorney licensed in New York or contact a legal aid organization for advice tailored to their situation. RentCheckMe is not a law firm and no attorney-client relationship is created by your use of this site.
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