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Newburgh is a small city of roughly 30,000 residents in Orange County, situated along the Hudson River approximately 60 miles north of New York City. A majority of Newburgh households are renters, and the city's rental market includes a mix of older multi-family buildings, single-family rentals, and subsidized housing. Tenants in Newburgh most commonly seek information about security deposit returns, notice requirements before eviction, and their rights when a landlord fails to make repairs.
New York State's landlord-tenant statutes — primarily the Real Property Law (RPL), Real Property Actions and Proceedings Law (RPAPL), and General Obligations Law (GOL) — provide the legal framework for all rentals in Newburgh. The 2019 Housing Stability and Tenant Protection Act (HSTPA) significantly strengthened many of these protections statewide, including tighter security deposit rules and longer notice periods. Newburgh itself has not enacted any local rent stabilization, rent control, or additional tenant-protection ordinances beyond what state law requires.
This guide is intended to give Newburgh renters a clear, accurate summary of their legal rights. It is informational only and does not constitute legal advice. If you have a specific dispute with your landlord, consult a licensed attorney or contact a local legal aid organization.
No Rent Control in Newburgh: Newburgh does not have a rent control or rent stabilization ordinance. New York's Emergency Tenant Protection Act of 1974 (ETPA) allows municipalities with a vacancy rate below 5% to opt into rent stabilization, but Newburgh has not conducted the required emergency declaration or adopted the ETPA. As a result, landlords of unregulated units in Newburgh may generally raise rent by any amount upon lease renewal or between tenancies, with no statutory cap on increases.
In practical terms, this means that once your current lease expires, your landlord can offer a renewal at a higher rent. You may accept, negotiate, or vacate — but state law does not limit the dollar amount of the increase for unregulated units. However, the landlord must still provide proper advance written notice of any rent increase of 5% or more, or a notice to vacate, under N.Y. Real Prop. Law § 226-c (as amended by the HSTPA). Failure to provide that statutory notice prevents the landlord from enforcing the increase or proceeding with eviction based on it.
Warranty of Habitability (N.Y. Real Prop. Law § 235-b): Every residential rental in New York carries an implied warranty of habitability. Landlords must maintain units in a safe, clean, and livable condition throughout the tenancy — including heat, hot water, weatherproofing, and freedom from pest infestations. If a landlord breaches this warranty, tenants may withhold a proportionate share of rent or seek a rent reduction, but must typically raise the issue formally (through repairs requests or court) rather than simply stopping payment.
Repairs and Notice (N.Y. Real Prop. Law § 235-b; Multiple Dwelling Law §§ 78–80): Tenants should notify landlords of needed repairs in writing and retain copies. For buildings with three or more units (multiple dwellings), the Multiple Dwelling Law imposes additional maintenance and safety obligations on landlords. Newburgh's buildings are subject to state and local building codes as well; complaints may be filed with the City of Newburgh Code Enforcement Division.
Security Deposit (N.Y. Gen. Oblig. Law § 7-108): See the dedicated Security Deposit section below for full details.
Rent Increase & Lease Non-Renewal Notice (N.Y. Real Prop. Law § 226-c): Landlords must provide written advance notice before raising rent 5% or more, or before declining to renew a lease: 30 days' notice if the tenant has resided in the unit less than 1 year; 60 days' notice for tenancies of 1–2 years; and 90 days' notice for tenancies longer than 2 years.
Anti-Retaliation (N.Y. Real Prop. Law § 223-b): Landlords may not retaliate against a tenant for complaining about housing conditions to a government agency, for organizing with other tenants, or for exercising any legal right. Retaliation includes raising rent, reducing services, or initiating eviction proceedings within one year of a protected activity. A tenant facing retaliation can raise it as a defense in eviction court and may recover actual damages plus attorney fees.
Lockout & Utility Shutoff Prohibition (N.Y. Real Prop. Acts. Law § 853; N.Y. Real Prop. Law § 235): Self-help eviction — including changing locks, removing doors or windows, or shutting off utilities to force a tenant out — is illegal in New York. A tenant subjected to an illegal lockout may seek emergency re-entry through the courts and may recover damages up to three times the actual loss.
Domestic Violence Protections (N.Y. Real Prop. Law § 227-c): Tenants who are victims of domestic violence, sexual assault, or stalking may terminate a lease early with proper documentation (such as a police report or protective order) and at least one rental period's advance written notice, without penalty.
Deposit Cap: Under N.Y. Gen. Oblig. Law § 7-108(1-a), as amended by the HSTPA, landlords of units in buildings with six or more units may not collect a security deposit exceeding one month's rent. For buildings with five or fewer units the one-month cap also generally applies under current practice and Attorney General guidance, though the strict statutory cap was written for larger buildings. Landlords may not require prepayment of more than one month's rent as a condition of tenancy.
Return Deadline: After the tenancy ends and the tenant vacates, the landlord has 14 days to return the deposit along with an itemized written statement of any deductions (N.Y. Gen. Oblig. Law § 7-108(1-a)(e)). The statement must specify the reason for each deduction.
Penalty for Non-Compliance: If the landlord fails to return the deposit or provide a timely itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit and must return the full amount. Tenants may sue in Small Claims Court (for claims up to $10,000) to recover the deposit plus court costs. Willful bad-faith retention may also support a claim for additional damages.
Move-In Inspection: Under § 7-108(1-a)(b), landlords must offer tenants the opportunity for a move-in inspection to document pre-existing conditions, and must provide a written inspection report. At move-out, the landlord must also offer a pre-departure inspection so tenants have the chance to cure any alleged damage before vacating (§ 7-108(1-a)(d)).
Interest on Deposits: For buildings with six or more units, landlords must hold deposits in a separate account and pay interest at the prevailing passbook rate, minus a 1% administrative fee (N.Y. Gen. Oblig. Law § 7-103).
Grounds for Eviction: In Newburgh's unregulated rental market, a landlord may terminate a tenancy for nonpayment of rent, lease violations, or at the end of a lease term. New York does not require just cause for eviction of unregulated tenants, but the landlord must still follow proper legal procedures (N.Y. Real Prop. Acts. Law § 711).
Step 1 — Written Notice: Before filing in court, the landlord must serve the appropriate written notice. For nonpayment of rent: a 14-day written notice of rent demand (N.Y. Real Prop. Acts. Law § 711(2)). For a lease violation (holdover/cure): a 30-day notice to cure, followed by a 30-day notice of termination if not cured. For a month-to-month tenancy or lease non-renewal: the advance notice required under N.Y. Real Prop. Law § 226-c (30, 60, or 90 days depending on length of tenancy).
Step 2 — Filing in Court: If the tenant does not comply after proper notice, the landlord may file a summary proceeding in Orange County Court (Town or City Court of Newburgh). The tenant is served with a Notice of Petition and Petition, and has the right to appear and answer (N.Y. Real Prop. Acts. Law §§ 731–732).
Step 3 — Hearing: Both parties appear before a judge or hearing officer. Tenants may raise defenses including payment of rent, breach of the warranty of habitability, retaliation, or improper notice. For nonpayment cases, tenants generally have a right to pay all rent due plus fees at or before the hearing to stop the eviction (the right of redemption).
Step 4 — Warrant of Eviction: If the landlord prevails, the court issues a judgment and, after a mandatory stay period, a Warrant of Eviction. Only a licensed marshal, sheriff, or constable may physically remove a tenant pursuant to a warrant (N.Y. Real Prop. Acts. Law § 749).
Self-Help Eviction Is Illegal: A landlord who changes locks, removes belongings, shuts off utilities, or otherwise forces a tenant out without a court order violates N.Y. Real Prop. Acts. Law § 853 and N.Y. Real Prop. Law § 235. Tenants may call local police, seek an emergency court order for re-entry, and sue for damages of up to three times actual losses.
COVID/Emergency Protections: As of April 2026, New York's COVID-era eviction moratoriums have expired. However, tenants facing hardship may still apply for rental assistance through local programs; contact Legal Services of the Hudson Valley for current information.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex and may change; the statutes and rules described here reflect our best understanding as of April 2026 but may not reflect recent legislative or regulatory changes. If you have a specific legal problem or dispute with your landlord, you should consult a licensed attorney in New York or contact a qualified legal aid organization. RentCheckMe makes no warranties regarding the completeness or accuracy of this information and is not responsible for any actions taken in reliance on it.
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