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Rome is a small city of roughly 31,000 residents in Oneida County, in central New York State. A significant share of Rome households are renters, and the local rental market includes older single-family homes, multi-family buildings, and apartment complexes near Griffiss Business & Technology Park. Renters in Rome most frequently ask about security deposit rules, what notice a landlord must give before ending a tenancy, and what to do when a landlord fails to make repairs.
Unlike New York City or certain larger municipalities, Rome has not enacted any local rent control, rent stabilization, or just-cause-eviction ordinance. Tenant protections in Rome flow entirely from New York State law — primarily the Real Property Law (RPL), the Real Property Actions and Proceedings Law (RPAPL), and changes enacted under the Housing Stability and Tenant Protection Act of 2019 (HSTPA). These state statutes provide meaningful baseline rights covering habitability, deposits, notice, anti-retaliation, and the eviction process.
This article summarizes those protections in plain language with statutory citations so Rome renters can understand their rights. It is informational only and does not constitute legal advice. If you face an eviction, habitability dispute, or other serious issue, consult a licensed attorney or contact a legal aid organization.
Rome has no rent control or rent stabilization program. New York's rent stabilization and rent control regimes are creatures of state and local law: New York City's Rent Stabilization Law and Emergency Tenant Protection Act (McKinney's Unconsol. Laws § 8621 et seq.) authorize municipalities outside New York City to adopt emergency rent regulations, but only if the local government declares a housing emergency and opts into the framework. Rome has never made such a declaration or adopted such an ordinance.
In practice, this means a landlord in Rome may increase rent by any amount between lease terms, as long as proper written notice is provided before the new rent takes effect. For month-to-month tenants, the landlord must give at least 30 days' advance written notice of a rent increase (RPL § 226-c). There is no cap on the percentage or dollar amount of an increase for unregulated units in Rome. Renters should read any renewal lease carefully and negotiate terms before signing.
Warranty of Habitability (RPL § 235-b). Every residential lease in New York includes an implied warranty of habitability. Landlords must maintain rental premises in a livable condition — including adequate heat, hot water, structural safety, and freedom from pest infestation. If a landlord materially breaches this warranty, a tenant may withhold a portion of rent proportional to the diminished value of the unit, assert the breach as a defense in an eviction proceeding, or seek a rent reduction through Housing Court.
Security Deposit Rules (RPL § 227-e; General Obligations Law § 7-108). New York law caps security deposits at one month's rent for all residential leases (GOL § 7-108(1-a), enacted under HSTPA 2019). Landlords must return the deposit — with an itemized written statement of any deductions — within 14 days after the tenant vacates. A landlord who fails to provide the itemized statement in time forfeits the right to retain any portion of the deposit.
Notice Requirements for Lease Termination (RPL § 226-c). Landlords and tenants must give advance written notice before terminating a month-to-month or holdover tenancy: 30 days for tenancies under one year, 60 days for tenancies of one to two years, and 90 days for tenancies of two or more years. This requirement was strengthened by the HSTPA and applies statewide, including Rome.
Anti-Retaliation Protection (RPL § 223-b). It is unlawful for a landlord to retaliate against a tenant for complaining to a government agency about housing conditions, for organizing with other tenants, or for lawfully withholding rent due to a habitability violation. Prohibited retaliatory acts include rent increases, reduction of services, and commencement of eviction proceedings. A tenant who proves retaliation may recover actual damages, punitive damages up to $2,000, and attorney's fees.
Prohibition on Lockouts and Utility Shutoffs (RPAPL § 853; RPL § 235). A landlord may not forcibly remove a tenant or shut off utilities (heat, water, electricity) to compel a tenant to leave. Self-help evictions are illegal in New York. A tenant who is unlawfully locked out or has utilities cut off may seek an emergency order from the court and may recover treble damages under RPAPL § 853.
Right to Repairs and Rent Withholding (RPL § 235-b; RPAPL § 755). If a landlord fails to make repairs affecting habitability, a tenant may, after proper notice to the landlord, commence a Housing Part (HP) proceeding in local court to compel repairs. Courts may also order a rent reduction until repairs are completed.
Under the Housing Stability and Tenant Protection Act of 2019, New York landlords may collect a security deposit of no more than one month's rent for any residential tenancy (General Obligations Law § 7-108(1-a)). This cap applies to all new and renewed leases in Rome.
After a tenancy ends and the tenant vacates, the landlord has 14 days to return the deposit along with an itemized written statement explaining any deductions for damages beyond normal wear and tear (RPL § 227-e). Deductions for ordinary wear and tear — minor scuffs, faded paint, carpet wear from normal use — are not permitted.
If the landlord fails to provide the itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit, regardless of any actual damages to the unit. The tenant is entitled to the full deposit back. To protect yourself, document the unit's condition with dated photographs at move-in and move-out, and send your forwarding address to the landlord in writing before you leave so there is no dispute about where to send the deposit.
Disputes over wrongfully withheld deposits can be brought in Oneida County Small Claims Court (for amounts up to $10,000) without an attorney, making it a practical remedy for most renters.
New York law requires landlords to follow a specific legal process to evict a tenant in Rome. Self-help eviction — changing locks, removing doors, shutting off utilities, or removing belongings — is illegal at every stage (RPAPL § 853; RPL § 235).
Step 1 — Written Notice. Before filing in court, the landlord must serve the tenant with the appropriate written notice. For nonpayment of rent, a 14-day rent demand is required (RPAPL § 711(2)). For holdover tenancies (lease expired or month-to-month), the landlord must give 30, 60, or 90 days' notice depending on the length of tenancy (RPL § 226-c). For lease violations other than nonpayment, a 30-day cure notice is typically required (RPAPL § 753).
Step 2 — Filing a Petition. If the tenant does not pay, vacate, or cure the violation within the notice period, the landlord may file an eviction petition (summary proceeding) in the Rome City Court, located at 100 West Court Street, Rome, NY 13440. The court will set a hearing date (RPAPL § 731).
Step 3 — Court Hearing. Both parties appear before a judge. Tenants have the right to raise defenses including breach of the warranty of habitability (RPL § 235-b), improper notice, retaliation (RPL § 223-b), or payment of rent. Legal representation is permitted. Under New York's 2022 right-to-counsel expansions, income-eligible tenants in certain jurisdictions may qualify for free legal representation — check with Legal Aid Society of Mid-New York.
Step 4 — Judgment and Warrant of Eviction. If the court rules for the landlord, a judgment of possession is issued, and the landlord may then apply for a warrant of eviction (RPAPL § 749). Only a New York City Marshal or, outside NYC, a local sheriff or constable may physically execute the warrant. A landlord who personally removes a tenant without a warrant faces liability for treble damages under RPAPL § 853.
Step 5 — Stay of Eviction. Courts have discretion to stay execution of a warrant for up to one year in hardship cases (RPAPL § 753). Tenants facing eviction should appear at every court date and seek legal assistance promptly.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the application of any law depends on the specific facts of your situation. RentCheckMe makes no representations as to the completeness or accuracy of this information. If you have a specific legal problem — including an eviction, habitability dispute, or security deposit claim — you should consult a licensed attorney in New York or contact a qualified legal aid organization. Laws cited were current as of April 2026; always verify the current version of any statute through New York's official legislative resources at nysenate.gov.
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