Tenant Rights in Rochester, New York (2026 Guide)

✓

Key Takeaways

None — Rochester has no local rent control ordinance; the Emergency Tenant Protection Act applies only to localities that opt in, and Rochester has not done so.
Must be returned within 14 days after move-out with an itemized statement; failure can result in forfeiture of all withheld amounts (N.Y. Gen. Oblig. Law § 7-108).
30 days' written notice required for month-to-month tenancies of less than 1 year; 60 days for tenancies of 1–2 years; 90 days for tenancies of 2+ years (N.Y. Real Prop. Law § 226-c).
Required — under the Housing Stability and Tenant Protection Act of 2019 (HSTPA), landlords must have a qualifying reason to non-renew or evict a month-to-month tenant.
Monroe County Legal Assistance Center, Empire Justice Center, Legal Aid Society of Rochester

Want to skip straight to checking your own building? Use the RentCheckMe address checker.

1. Overview: Tenant Rights in Rochester

Rochester is New York's fourth-largest city, home to roughly 210,000 residents in Monroe County, with over half of its households renting — one of the highest renter proportions of any upstate city. Renters here frequently seek information about security deposit returns, rent increase limits, and the eviction process, particularly following the sweeping changes brought by New York's Housing Stability and Tenant Protection Act of 2019 (HSTPA).

Unlike New York City, Rochester does not have its own rent stabilization or rent control ordinance. Instead, Rochester renters rely on statewide protections under the New York Real Property Law (RPL), the General Obligations Law (GOL), and the Real Property Actions and Proceedings Law (RPAPL). These statutes set the floor for tenant rights throughout the state, including in Rochester, and were significantly strengthened by the HSTPA.

This article provides a plain-language overview of those rights and is intended for informational purposes only. It is not legal advice. Laws may change, and every tenancy has unique facts — if you face a serious housing issue, consult a licensed attorney or a local legal aid organization.

2. Does Rochester Have Rent Control?

Rochester Has No Local Rent Control

Rochester does not have a rent control or rent stabilization ordinance. New York State's Emergency Tenant Protection Act (ETPA), codified at N.Y. Unconsol. Laws §§ 8621–8634, allows municipalities in New York to opt into rent stabilization for buildings with six or more units, but only if the municipality formally declares a housing emergency based on a vacancy rate at or below 5%. As of April 2026, Rochester has not declared such an emergency and has not opted into the ETPA.

In practical terms, this means that Rochester landlords may raise rent by any amount at the end of a lease term, provided they give legally required advance notice (see notice requirements below). There is no cap on rent increases for unregulated units. Tenants with a fixed-term lease are protected from increases during the lease period, but once the lease expires, the landlord may propose any new rent.

Tenants who believe a rent increase is being used as retaliation for exercising a legal right may have a claim under N.Y. Real Prop. Law § 223-b, but retaliatory rent increases must be distinguished from ordinary market-rate adjustments. If you are unsure whether an increase is lawful, contact a local legal aid organization.

3. New York State Tenant Protections That Apply in Rochester

Warranty of Habitability (N.Y. Real Prop. Law § 235-b)
Every residential lease in New York contains an implied warranty of habitability. Landlords must maintain rental units in a livable condition — free from conditions that are dangerous to life, health, or safety. This includes functioning heat, hot water, structural integrity, pest-free conditions, and working plumbing and electrical systems. Tenants who are denied habitable conditions may withhold rent, repair and deduct (in limited circumstances), or pursue a rent reduction in Housing Court.

Heat and Hot Water (N.Y. Multiple Dwelling Law §§ 78–80; Rochester City Code § 90)
Buildings with three or more units must provide heat of at least 68°F between 6 a.m. and 10 p.m. when the outdoor temperature falls below 55°F, and at least 55°F at all other hours, from October 1 through May 31. Hot water must be supplied at a minimum of 120°F at all times year-round.

Security Deposit Protections (N.Y. Gen. Oblig. Law § 7-108)
The HSTPA capped security deposits at one month's rent for all new or renewed leases signed after June 14, 2019. Landlords must return the deposit — along with an itemized written statement of any deductions — within 14 days of the tenant vacating. Failure to comply forfeits the landlord's right to retain any portion of the deposit.

Required Advance Notice of Rent Increases and Non-Renewals (N.Y. Real Prop. Law § 226-c)
For month-to-month or lease-expiration situations, landlords must give written notice of a rent increase of 5% or more, or of a decision not to renew: at least 30 days' notice for tenancies under one year; at least 60 days' notice for tenancies of one to two years; and at least 90 days' notice for tenancies of two years or more.

Anti-Retaliation Protections (N.Y. Real Prop. Law § 223-b)
Landlords may not evict, raise rent, reduce services, or otherwise penalize a tenant for complaining to a government agency about housing conditions, joining a tenants' union, or exercising any right under the lease or law. There is a presumption of retaliation if adverse action follows a protected act within one year.

Prohibition on Illegal Lockouts and Utility Shutoffs (N.Y. Real Prop. Actions & Proc. Law § 853; N.Y. Real Prop. Law § 235)
Self-help eviction — including changing locks, removing doors, or shutting off utilities to force a tenant out — is illegal in New York. Tenants subjected to an illegal lockout may seek an emergency order in Housing Court to be restored to possession, and may be entitled to treble damages under RPAPL § 853.

4. Security Deposit Rules in Rochester

One-Month Cap
Under N.Y. Gen. Oblig. Law § 7-108(1-a), enacted as part of the HSTPA, landlords may collect no more than one month's rent as a security deposit for any residential tenancy governed by a lease signed on or after June 14, 2019. This applies to virtually all unregulated rentals in Rochester.

14-Day Return Deadline
After the tenant vacates and returns the keys, the landlord has 14 days to return the full deposit or provide a written, itemized statement of deductions along with the balance. The itemized statement must describe each deduction and its dollar amount (N.Y. Gen. Oblig. Law § 7-108(e)).

Penalty for Non-Compliance
If the landlord fails to return the deposit or provide the itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit — even for legitimate damages. The tenant may sue in Small Claims Court (for amounts up to $10,000) to recover the full deposit plus court costs.

Permitted Deductions
Deductions are allowed only for unpaid rent and for damage beyond normal wear and tear. Normal wear and tear — such as minor scuffs on walls, small nail holes, or carpet wear from ordinary use — cannot be charged to the tenant.

Landlord's Duty Before Move-In
At the start of a tenancy, landlords must give tenants a written receipt for the deposit and disclose where it is held (N.Y. Gen. Oblig. Law § 7-103). Deposits must be held in a separate bank account and may not be commingled with the landlord's personal funds.

5. Eviction Process and Your Rights in Rochester

Overview
New York law requires landlords to follow a strict court process to evict a tenant. There is no such thing as a legal self-help eviction in New York. The process is governed primarily by the Real Property Actions and Proceedings Law (RPAPL) and was significantly updated by the HSTPA in 2019.

Step 1 — Written Notice
Before filing in court, the landlord must serve a written notice. The type and length of notice depends on the reason for eviction:

Non-payment of rent: 14-day written notice of rent demand (RPAPL § 711(2)).
Holdover / end of lease: Written notice per N.Y. Real Prop. Law § 226-c — 30, 60, or 90 days depending on tenancy length (see State Protections above).
Lease violation (cure): 10-day written notice to cure the violation; if not cured, a 30-day notice to quit (RPAPL § 753).

Step 2 — Petition Filed in Housing Court
After the notice period expires without resolution, the landlord files a Petition and Notice of Petition in Monroe County Housing Court (located within the Rochester City Court). The tenant is served with these documents and given a court date.

Step 3 — Court Hearing
Both parties appear before a judge. Tenants have the right to present defenses, including habitability issues, retaliation, or improper notice. Under RPAPL § 745, if a landlord fails to maintain the premises, a tenant may raise that as a defense even in a non-payment proceeding.

Step 4 — Judgment and Warrant of Eviction
If the court rules for the landlord, a judgment is entered and the landlord may request a Warrant of Eviction. Only a City Marshal or Sheriff may execute the warrant and physically remove the tenant. This process cannot begin sooner than 14 days after the judgment is entered (RPAPL § 749).

Just Cause Requirement
Under the HSTPA, landlords must have a legally recognized reason (just cause) to refuse to renew a lease or to bring a holdover eviction against a month-to-month tenant. Acceptable grounds include non-payment, lease violations, and owner occupancy under RPAPL § 711.

Self-Help Eviction Is Illegal
Changing locks, removing belongings, shutting off heat or utilities, or otherwise trying to force a tenant out without a court order is illegal (N.Y. Real Prop. Law § 235; RPAPL § 853). Tenants may seek emergency relief in Housing Court and may recover triple damages.

6. Resources for Rochester Tenants

Empire Justice Center — Statewide legal aid organization with offices in Rochester providing free civil legal assistance to low-income tenants on eviction defense, housing conditions, and security deposit disputes.
Legal Aid Society of Rochester — Provides free legal representation and advice to income-eligible Rochester and Monroe County residents facing eviction, unsafe conditions, and other housing emergencies.
Monroe County Legal Assistance Center — Located in Rochester City Court, provides on-site guidance for unrepresented tenants appearing in Housing Court.
Rochester Housing Authority — Administers public housing and Section 8 vouchers in Rochester; tenants in subsidized housing can contact them regarding maintenance and habitability complaints.
New York State Attorney General — Housing Protection Unit — Investigates landlord fraud, illegal lockouts, and security deposit violations; accepts complaints from tenants statewide including Rochester.
New York State Homes & Community Renewal (HCR) — State agency overseeing rent regulation programs; provides information on tenant rights and accepts complaints related to rent-regulated housing statewide.

This article is provided for informational purposes only and does not constitute legal advice. Tenant rights laws in New York and Rochester can change, and the application of any statute depends on the specific facts of your tenancy. Nothing in this article creates an attorney-client relationship. If you are facing an eviction, a security deposit dispute, or any other serious housing issue, you should consult a licensed New York attorney or contact a qualified legal aid organization. RentCheckMe makes no warranties regarding the accuracy or completeness of this information and encourages readers to verify all details with an attorney or official sources before taking action.

Check Your Address

Find out if your home is covered by rent control or tenant protections.

Use the Address Checker →

Frequently Asked Questions

Does Rochester have rent control?

No. Rochester does not have a local rent control or rent stabilization ordinance. New York's Emergency Tenant Protection Act (N.Y. Unconsol. Laws §§ 8621–8634) allows municipalities to opt into rent stabilization, but Rochester has not declared a housing emergency or opted in. Landlords may raise rent by any amount at the end of a lease term, as long as they give the required advance notice under N.Y. Real Prop. Law § 226-c.

How much can my landlord raise my rent in Rochester?

There is no cap on rent increases for unregulated units in Rochester. However, for increases of 5% or more — or for a decision not to renew your lease — your landlord must give you written notice in advance: 30 days if you have rented for less than one year, 60 days for one to two years, and 90 days for two or more years, per N.Y. Real Prop. Law § 226-c. During a fixed-term lease, your landlord cannot raise rent until the lease expires.

How long does my landlord have to return my security deposit in Rochester?

Your landlord must return your security deposit — or provide a written, itemized statement of deductions — within 14 days after you vacate and return the keys, under N.Y. Gen. Oblig. Law § 7-108(e). If the landlord misses this deadline, they forfeit the right to keep any portion of the deposit, even for legitimate damage. You can sue in Rochester City Court's Small Claims part for amounts up to $10,000.

What notice does my landlord need before evicting me in Rochester?

The required notice depends on the reason. For non-payment of rent, your landlord must give you a 14-day written rent demand under RPAPL § 711(2). For a lease non-renewal or holdover, written notice of 30, 60, or 90 days is required depending on how long you have rented, per N.Y. Real Prop. Law § 226-c. For a lease violation, the landlord must give a 10-day cure notice followed by a 30-day notice to quit under RPAPL § 753. After the notice period, the landlord must still file in Housing Court — no self-help eviction is permitted.

Can my landlord lock me out or shut off utilities in Rochester?

No. Changing locks, removing doors, shutting off heat, electricity, or other utilities, or removing your belongings to force you out without a court order is illegal in New York under N.Y. Real Prop. Law § 235 and RPAPL § 853. If you are illegally locked out, you can go to Rochester City Court and ask for an emergency order to be restored to your apartment. You may also be entitled to treble (triple) damages under RPAPL § 853.

What can I do if my landlord refuses to make repairs in Rochester?

New York's implied warranty of habitability (N.Y. Real Prop. Law § 235-b) requires your landlord to maintain your unit in a safe and livable condition. If repairs are not made after you give written notice, you can file a complaint with Rochester's Bureau of Buildings and Zoning Enforcement, or bring a proceeding in Housing Court to compel repairs and seek a rent reduction. In serious cases, you may be entitled to withhold rent and raise the habitability condition as a defense if the landlord sues for non-payment. Document all repair requests in writing and keep copies.

Get notified when rent laws change in Rochester

We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.