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NY · State landlord-law profile

New York landlord-tenant rules

10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
10 of 10 rules source-confirmed
6 official sources linked
Reviewed October 26, 2026
At a glance
Security deposit size: No deposit or advance may exceed one month's rent for any residential unit (statewide, since HSTPA 2019); exceptions only for seasonal units and owner-occupied cooperative apartments addressed in subdivisions 4-6. Deposit must be returned with itemized statement within 14 days of vacating or the landlord forfeits the right to retain any of it. (N.Y. Gen. Oblig. Law § 7-108(1-a)(a), confirmed 2026-10). Returning the deposit: Within 14 days after the tenant vacates, the landlord must return the deposit AND provide an itemized statement of any deductions. Missing the 14-day deadline forfeits the right to retain any portion of the deposit — even for real damage. Deposits are also capped at one month’s rent for non-rent-stabilized units. (N.Y. Gen. Oblig. Law § 7-108(1-a)(e), confirmed 2026-07).
1× monthly rent
Source-confirmed 2026-10
14 days after move-out
Source-confirmed 2026-07
Not permitted as a separate charge
Source-confirmed 2026-10
Capped at 5% of monthly rent or $50; 5 days grace
Source-confirmed 2026-10
$20
Source-confirmed 2026-10
Rent control or stabilization applies to covered units
Source-confirmed 2026-10
90 days
Source-confirmed 2026-10
30 days
Source-confirmed 2026-10
14 days
Source-confirmed 2026-10
24 hours
Source-confirmed 2026-10

How New York treats the landlord's core obligations

Late fees: Rent is not 'late' until unpaid for 5 days after the due date; a late fee may then be charged only if the lease provides for it and may not exceed $50 or 5% of monthly rent, whichever is LESS. (N.Y. Real Prop. Law § 238-a(2), confirmed 2026-10). Application fees: Application/background/credit-check fees may not exceed the actual cost or $20, whichever is less; landlord must provide a copy of the report and receipt, and must waive the fee if the applicant supplies their own report from the last 30 days. Any other application fee is prohibited. (N.Y. Real Prop. Law § 238-a(1)(b), confirmed 2026-10).
Nonpayment notice: A written rent demand giving at least 14 days to pay or surrender possession, served per RPAPL § 735, is required before a nonpayment summary proceeding. (A separate 5-day late-rent notice by certified mail under RPL § 235-e(d) is also required.) (N.Y. Real Prop. Acts. Law § 711(2), confirmed 2026-10). Rent increases: For any rent increase of 5% or more (or non-renewal), written notice of at least 30 days (occupancy under 1 year and no 1-year lease), 60 days (1-2 years), or 90 days (2+ years or a 2-year lease). Statewide: no rent cap for unregulated units, but NYC and opt-in municipalities apply the Good Cause Eviction Law (RPL art. 6-A, 2024), under which increases above the local reasonable-rent threshold (CPI+5%, max 10%) are presumptively unreasonable; rent-stabilized/controlled units follow DHCR guidelines. (N.Y. Real Prop. Law § 226-c(1)-(2), confirmed 2026-10). Ending a month-to-month tenancy: A residential month-to-month tenancy is ended by the landlord only on the § 226-c notice period keyed to occupancy length — 30 days under one year, 60 days after one year, 90 days after two years (§ 232-a incorporates this for New York City; § 226-c applies statewide). Outside NYC a tenant may end a month-to-month tenancy on at least one month’s notice before the end of the rental month (§ 232-b). (N.Y. Real Prop. Law §§ 232-a, 232-b, 226-c, confirmed 2026-10). Entry: No statewide statute sets a landlord-entry notice period. Real Property Law art. 7 (checked) contains no entry-notice section; the NY Attorney General's guide states a landlord may enter with reasonable prior notice, at a reasonable time, with the tenant's consent, for repairs/services or as provided in the lease, and without notice in an emergency. Local rules (e.g., NYC Housing Maintenance Code) may apply. (No N.Y. statute; NY Attorney General, Residential Tenants' Rights Guide (Tenants' right to privacy), confirmed 2026-10).
New York has rent control or rent stabilization for covered units, set locally rather than by one statewide number. Source-of-income protection is on file statewide, so voucher and benefit income must be treated like any other lawful income in screening and advertising. Card surcharges on rent: allowed only with inclusive total pricing (NY GBL §518 (amended Feb 11, 2024) — must post inclusive total price; line-item surcharge alone insufficient. Each violation up to $500.). Managing property for others for compensation generally requires a state license: NY Department of State, RPL Article 12-A broker license required.

Security deposits

What New York allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.

Security deposit limit

Source-confirmed 2026-10
No deposit or advance may exceed one month's rent for any residential unit (statewide, since HSTPA 2019); exceptions only for seasonal units and owner-occupied cooperative apartments addressed in subdivisions 4-6. Deposit must be returned with itemized statement within 14 days of vacating or the landlord forfeits the right to retain any of it.
N.Y. Gen. Oblig. Law § 7-108(1-a)(a). Read at New York State Senate — Laws of New York (official) in October 2026.
“No deposit or advance shall exceed the amount of one month's rent,”
Excerpt from the cited source as read on the date shown.
Rent-stabilized units follow DHCR rules but the one-month cap applies to all residential units under 7-108(1-a).
Reference value in Aptoria's compliance data: “1× monthly rent”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.

Deposit return deadline

Source-confirmed 2026-07
Within 14 days after the tenant vacates, the landlord must return the deposit AND provide an itemized statement of any deductions. Missing the 14-day deadline forfeits the right to retain any portion of the deposit — even for real damage. Deposits are also capped at one month’s rent for non-rent-stabilized units.
N.Y. Gen. Oblig. Law § 7-108(1-a)(e). Read at New York State Senate (official) in July 2026.
Reference value in Aptoria's compliance data: “14 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.

Separate pet deposit

Source-confirmed 2026-10
No separate statutory pet-deposit provision. For non-rent-stabilized units, N.Y. Gen. Oblig. Law § 7-108(1-a)(a) caps ALL deposits or advances, however denominated, at one month's rent, so a separate pet deposit may be collected only within that combined one-month limit (seasonal-use and owner-occupied cooperative exceptions aside).
N.Y. Gen. Oblig. Law § 7-108(1-a)(a). Read at New York State Senate — Open Legislation, General Obligations Law § 7-108 (official) in October 2026.
“No deposit or advance shall exceed the amount of one month's rent, unless the deposit or advance is for a seasonal use dwelling unit as provided for in subdivisions four and five of this section, or unless the deposit or advance is for an owner-occupied cooperative apartment”
Excerpt from the cited source as read on the date shown.
Section text contains no reference to pets. Rent-stabilized units are governed by § 7-107.
Reference value in Aptoria's compliance data: “Not permitted as a separate charge”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.

Rent, late fees and application fees

The fees a New York lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.

Late fees

Source-confirmed 2026-10
Rent is not 'late' until unpaid for 5 days after the due date; a late fee may then be charged only if the lease provides for it and may not exceed $50 or 5% of monthly rent, whichever is LESS.
N.Y. Real Prop. Law § 238-a(2). Read at New York State Senate — Laws of New York (official) in October 2026.
“unless the payment of rent has not been made within five days of the date it was due ... shall not exceed fifty dollars or five percent of the monthly rent, whichever is less”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “Capped at 5% of monthly rent or $50; 5 days grace”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.

Application fee limit

Source-confirmed 2026-10
Application/background/credit-check fees may not exceed the actual cost or $20, whichever is less; landlord must provide a copy of the report and receipt, and must waive the fee if the applicant supplies their own report from the last 30 days. Any other application fee is prohibited.
N.Y. Real Prop. Law § 238-a(1)(b). Read at New York State Senate — Laws of New York (official) in October 2026.
“the cumulative fee or fees for such checks is no more than the actual cost ... or twenty dollars, whichever is less.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “$20”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.

Statewide rent regulation

Source-confirmed 2026-10
(c) State-authorized local rent regulation, plus a statewide presumptive cap for Good Cause units. (1) Rent stabilization/control: under the Emergency Tenant Protection Act of 1974, each city, town or village may declare a housing emergency (vacancy rate not above 5%) and subject classes of housing to rent regulation administered by DHCR and local rent guidelines boards (NYC Rent Stabilization Law for NYC). (2) Good Cause Eviction Law (RPL art. 6-A, eff. 2024-04-20, applies in NYC and in localities that opt in): for covered non-rent-regulated units, a rent increase above the 'local rent standard' — the lower of 10% or 5% plus the regional CPI change (inflation index, published by DHCR by Aug. 1 each year) — is presumptively unreasonable and cannot support eviction for nonpayment of the increase. Not a hard cap; rebuttable in court.
N.Y. Unconsol. Law, Emergency Tenant Protection Act of 1974, § 3; N.Y. Real Prop. Law §§ 211(7)-(8), 216(1)(a). Read at New York State Senate — Open Legislation, Real Property Law § 211 (Good Cause Eviction Law definitions) (official) in October 2026.
“The term "local rent standard" shall mean a rent increase equal to the inflation index or ten percent, whichever is lower.”
Excerpt from the cited source as read on the date shown.
Companion quotes: RPL § 216(1)(a)(i) (https://www.nysenate.gov/legislation/laws/RPP/216): 'it shall be a rebuttable presumption that the rent for a dwelling not protected by rent regulation is unreasonable if said rent has been increased in any calendar year ... by an amount greater than the local rent standard'. ETPA § 3(a) (https://www.nysenate.gov/legislation/laws/ETP/3): 'The existence of public emergency requiring the regulation of residential rents ... shall be a matter for local determination within each city, town or village.' Article 6-A is repealed June 15, 2034.
Reference value in Aptoria's compliance data: “Rent control or stabilization applies to covered units”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.

Notices, rent increases and termination

How much written notice New York requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.

Rent-increase notice

Source-confirmed 2026-10
For any rent increase of 5% or more (or non-renewal), written notice of at least 30 days (occupancy under 1 year and no 1-year lease), 60 days (1-2 years), or 90 days (2+ years or a 2-year lease). Statewide: no rent cap for unregulated units, but NYC and opt-in municipalities apply the Good Cause Eviction Law (RPL art. 6-A, 2024), under which increases above the local reasonable-rent threshold (CPI+5%, max 10%) are presumptively unreasonable; rent-stabilized/controlled units follow DHCR guidelines.
N.Y. Real Prop. Law § 226-c(1)-(2). Read at New York State Senate — Laws of New York (official) in October 2026.
“a rent increase equal to or greater than five percent above the current rent ... the landlord shall provide at least thirty days' notice ... at least sixty days' notice ... at least ninety days' notice.”
Excerpt from the cited source as read on the date shown.
30/60 may lawfully apply by occupancy length.
Reference value in Aptoria's compliance data: “90 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.

Month-to-month termination notice

Source-confirmed 2026-10
A residential month-to-month tenancy is ended by the landlord only on the § 226-c notice period keyed to occupancy length — 30 days under one year, 60 days after one year, 90 days after two years (§ 232-a incorporates this for New York City; § 226-c applies statewide). Outside NYC a tenant may end a month-to-month tenancy on at least one month’s notice before the end of the rental month (§ 232-b).
N.Y. Real Prop. Law §§ 232-a, 232-b, 226-c. Read at New York State Senate (official) in October 2026.
Good Cause Eviction (RPL Art. 6-A, where adopted) further restricts non-renewal for covered units; NYC notices must be served like a notice of petition.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.

Pay-or-quit notice

Source-confirmed 2026-10
A written rent demand giving at least 14 days to pay or surrender possession, served per RPAPL § 735, is required before a nonpayment summary proceeding. (A separate 5-day late-rent notice by certified mail under RPL § 235-e(d) is also required.)
N.Y. Real Prop. Acts. Law § 711(2). Read at New York State Senate — Laws of New York (official) in October 2026.
“a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon the tenant as prescribed in section seven hundred thirty-five of this article.”
Excerpt from the cited source as read on the date shown.
Page shows two versions (current, and one effective June 15, 2034 when Good Cause Eviction sunsets); the 14-day demand is in both.
Reference value in Aptoria's compliance data: “14 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.

Landlord entry

When a New York landlord may enter an occupied unit and how much notice the tenant must receive.

Non-emergency entry notice

Source-confirmed 2026-10
No statewide statute sets a landlord-entry notice period. Real Property Law art. 7 (checked) contains no entry-notice section; the NY Attorney General's guide states a landlord may enter with reasonable prior notice, at a reasonable time, with the tenant's consent, for repairs/services or as provided in the lease, and without notice in an emergency. Local rules (e.g., NYC Housing Maintenance Code) may apply.
No N.Y. statute; NY Attorney General, Residential Tenants' Rights Guide (Tenants' right to privacy). Read at New York State Attorney General — Residential Tenants' Rights Guide (official agency guide) in October 2026.
“A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time, and with the tenant's consent, either to provide routine or agreed upon repairs or services, or in accordance with the lease.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “24 hours”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.

Payments, fair housing and licensing

Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed only with inclusive total pricing
NY GBL §518 (amended Feb 11, 2024) — must post inclusive total price; line-item surcharge alone insufficient. Each violation up to $500.
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
Protected statewide
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
NY Department of State, RPL Article 12-A broker license required.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.

New York next to its neighbors

Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
RuleNew YorkConnecticutMassachusettsNew JerseyPennsylvaniaVermont
Security deposit limit1× monthly rent2× monthly rent1× monthly rent1.5× monthly rent2× monthly rentNo statewide cap
Deposit return deadline14 days after move-out30 days after move-out30 days after move-out30 days after move-out30 days after move-out14 days after move-out
Late feesCapped at 5% of monthly rent or $50; 5 days graceNo statewide cap (reasonableness standard); 9 days graceNo statewide cap (reasonableness standard); 30 days graceNo statewide cap (reasonableness standard); 5 days graceNo statewide cap (reasonableness standard)No statewide cap (reasonableness standard)
Rent-increase notice90 days30 days30 days30 days30 days60 days
Non-emergency entry notice24 hours24 hoursReasonable noticeReasonable noticeReasonable notice48 hours
Pay-or-quit notice14 days3 days14 days3 days10 days14 days
Source-of-income protectionProtected statewideProtected statewideProtected statewideProtected statewideNo statewide protection on fileNo statewide protection on file
Card surcharges on rentAllowed only with inclusive total pricingCard surcharges bannedCard surcharges bannedAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limits

Lease disclosures on file

Federal and state disclosures Aptoria's lease workflow surfaces for New York. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
• NYC Window guard rider
• NYC Bedbug history (form NYC HPD)
• Sprinkler system disclosure
• Stove knob cover disclosure (NYC)
• Rent-stabilized rider (DHCR Form RTP-8) — stabilized units only

Official sources

Primary sources a New York landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
Real Property Law Article 7 — Landlord and Tenant (§§ 220-238-a)
Statute · New York State Senate (Laws of New York)
RPAPL Article 7 — Summary Proceeding to Recover Possession (§§ 701-768)
Statute · New York State Senate (Laws of New York)
Residential Tenants' Rights Guide
Agency guide · New York State Attorney General
Real Property Law Article 6-A — Good Cause Eviction Law (§§ 210–217)
Statute · New York State Senate (Open Legislation)
Emergency Tenant Protection Act of 1974 (Unconsolidated Laws ch. 576/74)
Statute · New York State Senate (Open Legislation)
NYS Homes and Community Renewal — Good Cause Eviction Law page and annual notices
Agency guide · NYS Division of Housing and Community Renewal
Browse landlord-law topics across all states

Questions New York landlords ask

How much can a landlord charge for a security deposit in New York?

No deposit or advance may exceed one month's rent for any residential unit (statewide, since HSTPA 2019); exceptions only for seasonal units and owner-occupied cooperative apartments addressed in subdivisions 4-6. Deposit must be returned with itemized statement within 14 days of vacating or the landlord forfeits the right to retain any of it. (N.Y. Gen. Oblig. Law § 7-108(1-a)(a), confirmed 2026-10).

How long does a New York landlord have to return the security deposit?

Within 14 days after the tenant vacates, the landlord must return the deposit AND provide an itemized statement of any deductions. Missing the 14-day deadline forfeits the right to retain any portion of the deposit — even for real damage. Deposits are also capped at one month’s rent for non-rent-stabilized units. (N.Y. Gen. Oblig. Law § 7-108(1-a)(e), confirmed 2026-07).

What is the maximum late fee in New York?

Rent is not 'late' until unpaid for 5 days after the due date; a late fee may then be charged only if the lease provides for it and may not exceed $50 or 5% of monthly rent, whichever is LESS. (N.Y. Real Prop. Law § 238-a(2), confirmed 2026-10).

How many days does a New York pay-or-quit notice give the tenant?

A written rent demand giving at least 14 days to pay or surrender possession, served per RPAPL § 735, is required before a nonpayment summary proceeding. (A separate 5-day late-rent notice by certified mail under RPL § 235-e(d) is also required.) (N.Y. Real Prop. Acts. Law § 711(2), confirmed 2026-10).

How much notice must a New York landlord give before entering?

No statewide statute sets a landlord-entry notice period. Real Property Law art. 7 (checked) contains no entry-notice section; the NY Attorney General's guide states a landlord may enter with reasonable prior notice, at a reasonable time, with the tenant's consent, for repairs/services or as provided in the lease, and without notice in an emergency. Local rules (e.g., NYC Housing Maintenance Code) may apply. (No N.Y. statute; NY Attorney General, Residential Tenants' Rights Guide (Tenants' right to privacy), confirmed 2026-10).

How much notice is required to raise rent in New York?

For any rent increase of 5% or more (or non-renewal), written notice of at least 30 days (occupancy under 1 year and no 1-year lease), 60 days (1-2 years), or 90 days (2+ years or a 2-year lease). Statewide: no rent cap for unregulated units, but NYC and opt-in municipalities apply the Good Cause Eviction Law (RPL art. 6-A, 2024), under which increases above the local reasonable-rent threshold (CPI+5%, max 10%) are presumptively unreasonable; rent-stabilized/controlled units follow DHCR guidelines. (N.Y. Real Prop. Law § 226-c(1)-(2), confirmed 2026-10).

How much notice is required to end a month-to-month tenancy in New York?

A residential month-to-month tenancy is ended by the landlord only on the § 226-c notice period keyed to occupancy length — 30 days under one year, 60 days after one year, 90 days after two years (§ 232-a incorporates this for New York City; § 226-c applies statewide). Outside NYC a tenant may end a month-to-month tenancy on at least one month’s notice before the end of the rental month (§ 232-b). (N.Y. Real Prop. Law §§ 232-a, 232-b, 226-c, confirmed 2026-10).

Does New York have statewide rent control?

New York has rent control or rent stabilization for covered units. Whether a specific unit is covered, and what increase is allowed, is decided locally, so treat every increase on a possibly covered unit as a legal check, not a routine notice.

Is source of income a protected class in New York?

Statewide source-of-income protection is on file for New York. Screening criteria, advertising and income calculations must treat vouchers and benefit income like other lawful income. Local rules can add further protections.

Can a New York landlord add a surcharge for paying rent by card?

Allowed only with inclusive total pricing. NY GBL §518 (amended Feb 11, 2024) — must post inclusive total price; line-item surcharge alone insufficient. Each violation up to $500. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.

How this page was verified

Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 6 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.