In New York State the following provisions in a lease are illegal and not binding:

• the Landlord refuses to rent to anyone with children.
• the lease is terminated if the tenant has a child during the tenancy.
• the Landlord (lessor) is exempt from liability for personal injury or property damage resulting from the negligence of the landlord (lessor), his agents, servants, or employees in the operation or maintenance of the premises.

The following have also been held as illegal provisions and not binding:

• prohibiting a tenant from raising a defense in proceeding affecting their tenancy.
• requiring a tenant to remain single.
• requiring a tenant to deposit all rents alleged due with the court before asserting a legal defense.
• limiting the occupancy of a premise to one person.
• permitting a landlord to confiscate or convert a tenant's personal property if the tenant fails to pay rent.
• asserting that a landlord can collect attorney fees if the tenant wins a legal action against a tenant.
• waiving the tenant's right to a premise that is safe and liveable.

If any of these or similarly restrictive provisions appear in a proposed lease, you have several options when asked to sign:

• Attempt to have the landlord remove the illegal provisions before signing.
• Ask that your attorney be allowed to review the lease before signing.
• Sign the lease knowing that a landlord cannot enforce illegal provisions¹.
• Look for another property since these type of provisions often harbinger Landlord attitudes or potential future conduct that will make a tenancy contentious.