Richmond County Landlord-Tenant Law: What Staten Island Landlords Need to Know
Staten Island occupies a genuinely unique position in New York City’s rental landscape — and understanding that position requires resisting two opposite misconceptions. The first is that Staten Island is “just like” the other boroughs and presents no distinctive legal considerations. That’s wrong: its suburban character, flood risk profile, prevalence of owner-occupied small buildings, and relatively lower stabilized housing concentration create a set of practical landlord-tenant issues that differ meaningfully from Manhattan or the Bronx. The second misconception is that Staten Island’s suburban feel means lighter regulation. That’s equally wrong: every provision of New York State Real Property Law Article 7 applies in full, the NYC Housing Maintenance Code is enforced throughout the borough by HPD, the Good Cause Eviction Law (2024) applies to covered buildings, and NYC Housing Court on Staten Island operates under the same rules as Housing Courts across the other boroughs. The law does not take a more relaxed approach simply because the housing stock is less dense.
Start with RPP Article 7. The one-month rent security deposit cap of § 238-A applies throughout Richmond County. Application fees are capped at $20. Late fees may not be charged until rent is five days past due, and the fee is capped at the lesser of $50 or 5% of the monthly rent. For any rent increase of 5% or more, or any non-renewal of a residential tenancy, the tiered notice requirements of RPP § 226-C require 30 days’ notice for tenants residing less than one year, 60 days for one to two years, and 90 days for more than two years. These notice periods apply regardless of whether the property is a large apartment complex or a single unit in a two-family home — every residential landlord-tenant relationship in Staten Island is covered. The warranty of habitability under § 235-B is implied in every lease. The anti-harassment provisions of § 235-D, the duty to provide written rent receipts under § 235-E, and the anti-retaliation protections of § 223-B all apply throughout the borough.
Flood Risk and Disclosure: The Defining Staten Island Issue
If there is one legal requirement that is more practically urgent in Staten Island than in any other borough, it is the flood history and risk disclosure mandated by RPP § 231-B. Hurricane Sandy struck Staten Island with devastating force in October 2012, killing 23 borough residents and flooding thousands of properties in Midland Beach, South Beach, New Dorp Beach, Tottenville, Oakwood Beach, and elsewhere along the South Shore and West Shore. In the years since, significant flood mitigation work has been done, the New York Rising buyout program has removed some of the most vulnerable properties from the housing market, and new construction has incorporated higher foundations and improved drainage. But substantial portions of Staten Island remain in FEMA-designated Special Flood Hazard Areas or areas of moderate flood hazard, and a new tenant who is not informed of that risk before signing a lease is a tenant who may have grounds to rescind the lease and recover all prepaid rent if flooding subsequently occurs.
The disclosure required by RPP § 231-B must be made in writing before any residential lease is signed. It must state: (1) whether, to the landlord’s knowledge, the premises have experienced flooding; (2) whether any portion of the premises is within a FEMA Special Flood Hazard Area or area of moderate flood hazard; and (3) any other flood risk information required by DHCR. Staten Island landlords should check FEMA’s Flood Map Service Center for the property’s designation, review their own knowledge of any prior flooding events, and document that disclosure in writing as part of every new lease package. The disclosure should be signed by the tenant and retained in the lease file. Landlords who fail to make this disclosure and whose properties subsequently flood may face a tenant who terminates the lease, demands return of all prepaid rent, and has a statutory basis for doing so.
Flood insurance is a related consideration that the statute does not directly require but that practical prudence demands. Landlords of properties in FEMA flood zones should carry flood insurance, understand what it covers (the structure versus the tenant’s personal property), and address in the lease whether tenants are responsible for their own renters’ flood insurance. Standard renters’ insurance does not cover flood damage; tenants in flood-prone areas who are not separately insured through the National Flood Insurance Program or a private flood policy are unprotected. Some Staten Island landlords now include a flood insurance notification provision in their leases advising tenants of this gap.
Owner-Occupied Small Buildings and the Good Cause Exemption
Staten Island has a large stock of owner-occupied two-family and three-family homes where the owner lives in one unit and rents out the others. This is one of the most common landlord-tenant configurations in the borough, particularly in neighborhoods like New Brighton, Castleton Corners, and throughout the mid-island communities. The Good Cause Eviction Law (2024) contains an exemption for buildings with fewer than four units where the owner genuinely resides on the premises. For qualifying owner-occupants, this exemption preserves the right to decline lease renewals without stating just cause — subject to the applicable 30/60/90-day notice requirements that still apply.
The exemption requires genuine, continuous owner-occupancy. A landlord who has moved out of the building, even temporarily, and is renting all units while living elsewhere cannot rely on the owner-occupancy exemption. The exemption also does not affect any other obligation under state law: the notice requirements, habitability warranty, anti-harassment protections, fee limitations, and receipt requirements all apply fully to owner-occupied small buildings in Staten Island. Many Staten Island small-building landlords operate informally — cash rent, no written lease, no receipts — but informal practice does not reduce legal obligations. The duty to provide written rent receipts under RPP § 235-E applies to every cash payment, and the failure to maintain records creates evidentiary problems in any subsequent dispute.
Staten Island Housing Court
All residential eviction proceedings in Richmond County are handled by Staten Island Housing Court at 927 Castleton Avenue. While its case volume is lower than Housing Courts in the other boroughs, its procedural requirements are identical. The 14-day rent demand must be properly served before any non-payment proceeding can be filed. Service must comply with RPAPL § 735 — personal delivery, substituted service, or nail-and-mail only after reasonable attempts at personal and substituted service. The applicable notice period for holdover proceedings must be calculated based on actual tenancy length, not lease length. The documents, forms, and court procedures are the same as in Manhattan, Queens, Brooklyn, and the Bronx.
Staten Island landlords who operate informally should be particularly careful to establish written documentation before any dispute arises. Without a written lease, the terms of the tenancy may be disputed. Without rent receipts, payment history may be contested. Without written maintenance requests and responses, the habitability record is unclear. These documentation gaps are manageable in an ongoing tenancy but become significant problems the moment the relationship breaks down and a court proceeding becomes necessary. Establishing proper documentation practices — written leases for every tenancy, receipts for every cash payment, written maintenance communications — is the most cost-effective legal protection a Staten Island landlord can implement.
For a complete understanding of NYC-specific landlord-tenant laws, the Good Cause Eviction Law, and Housing Court procedures, see our NYC Landlord-Tenant Law Guide.
This page is provided for general informational purposes only and does not constitute legal advice. Richmond County (Staten Island) landlord-tenant matters are governed by New York Real Property Law Article 7 (RPP §§ 220–238-A), the NYC Rent Stabilization Law (where applicable), the NYC Housing Maintenance Code, the Good Cause Eviction Law, and other applicable state and local law. Eviction proceedings are filed in NYC Housing Court, Staten Island Division, 927 Castleton Avenue. Security deposit cap: 1 month’s rent. Flood disclosure required per RPP § 231-B before every new lease. Notice requirements: 30/60/90 days based on tenancy length. Consult a licensed New York attorney before taking any action involving a covered tenancy. Last updated: March 2026.
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