RENT REGULATION / RENT STABILIZED APT NY - FACT SHEETS
NY rent stabilization
New York City has a system of rent regulations known as “rent stabilization.” The system was enacted in 1969 when rents were rising sharply in many post-war buildings. The system has been extended and amended frequently, and now about one million apartments in the City are covered by rent stabilization. Rent stabilized tenants are protected from sharp increases in rent and have the right to renew their leases. The history of rent stabilization can be found in extensive detail in An Introduction to the NYC Rent Guidelines Board and the Rent Stabilization System.
The NYC Rent Guidelines Board sets the allowable rental adjustments for rent stabilized renewal leases each year. You can read how the RGB determines the guidelines.
The New York State Division of Homes and Community Renewal (HCR) Rent Information Line has recorded information for tenants and landlords of rent regulated apartments including:
Rent increases for leases, individual apartment improvements, and major capital improvements
- Repairs and services
- Succession rights, sublets, and security deposits
- SCRIE, DRIE, late fees, housing court, and Section 8
- Owner Rent Registration
File with HCR File an Annual Rent Registration - CLICK HERE
GENERAL FILING PAGE WITH HCR - CLICK HERE
RENT INCREASE FOR RENT STABELIZED APARTMENT ADOPED ON JUNE 21,2022
All NY Rent Regulation Facts Sheets:
Fact Sheet #1: Rent Stabilization and Rent Control
This Fact Sheet contains information on the requirements that generally must be met for a building to be considered rent stabilized, or for an apartment to be considered rent controlled. It also contains general information on rent increases, rent overcharges, rent reductions for decreases in services, harassment, and rent registration.
Fact Sheet #2: New York City Lease Rider and ETPA Standard Lease Addenda for Rent Stabilized Tenants
This Fact Sheet contains information on the lease rider and tenant rights when a copy of the lease rider or addenda is not included with a vacancy or renewal lease.
Fact Sheet #3: Required and Essential Services
This Fact Sheet contains information on required and essential services, which include repairs, heat, hot and cold water, maintenance, painting and janitorial services, elevator service and ancillary services such as garage and recreational facilities. Owners must provide and maintain services and equipment furnished or required by Rent Control or Rent Stabilization regulations.
Fact Sheet #4: Lease Renewal in Rent Stabilized Apartments
This Fact Sheet contains information on the rights and responsibilities of owners and tenants when renewing rent stabilized apartment leases.
Fact Sheet #5: Vacancy Leases in Rent Stabilized Apartments
This Fact Sheet contains information on vacancy leases.
Fact Sheet #6: Fair Market Rent Appeals
This Fact Sheet contains information on Fair Market Rent Appeals.
Fact Sheet #7: Sublets, Assignments and Illusory Tenancies
This Fact Sheet contains information on how to legally sublet rent controlled and rent stabilized apartments. It also contains information on subtenant rights, assignments and illusory tenancies.
Fact Sheet #9: Renting an Apartment - Security Deposits and Other Charges
This Fact Sheet contains information on security deposits and other allowable or prohibited charges.
Fact Sheet #10: Eviction from an Apartment Based on Owner Occupancy
This Fact Sheet contains information on the procedures and rules that owners must follow in order to evict a tenant based on owner occupancy of the apartment.
Fact Sheet #14: Rent Reductions for Decreased Services
This Fact Sheet contains information on tenant rights when the owner is not maintaining services or does not comply with a DHCR order. It also contains the procedures that owners must follow if he or she cannot get access to a tenant’s apartment to make repairs, how a rent reduction order affects rent stabilized and rent controlled tenants, and more.
Fact Sheet #15: Heat and Hot Water
This Fact Sheet contains information on when heat and hot water must be provided for rent regulated buildings inside and outside New York City, and tenant rights when an owner fails to provide heat and or hot water.
Fact Sheet #16: Collecting Overcharges in Rent Stabilized Apartments in New York City
This Fact Sheet contains information on the two alternate methods that tenants may choose from to collect rent overcharge penalties from owners. Tenants may begin to use either of the two methods only after DHCR issues a final order establishing the legal regulated rent and determining the penalty.
This Fact Sheet contains information on what is considered harassment and the steps that tenants can take if the owner, or anyone acting on behalf of the owner, is harassing them.
Fact Sheet #18: Appealing a Rent Administrator’s Order: Petition for Administrative Review
This Fact Sheet contains general information on Petitions for Administrative Review (PAR), such as how to file a PAR, how a PAR is processed by DHCR, how to appeal a PAR, and more.
Fact Sheet #19: Small Building Owners' Assistance Unit
Small Building Owners’ Assistance Unit to provide special assistance to owners of rent regulated buildings with a total of 50 units or less.
Fact Sheet #20: Special Rights of Disabled Persons
This Fact Sheet contains information on eviction protections for disabled persons. It also contains information on the Disability Rent Increase Exemption (D.R.I.E) program.
Fact Sheet #21: Special Rights of Senior Citizens
This Fact Sheet contains information on eviction protections and other rights for senior citizens. It also contains information on the Senior Citizen Rent Increase Exemption (S.C.R.I.E) program.
Fact Sheet #22: Maximum Base Rent Program (MBR) – Questions and Answers for Owners
This Fact Sheet contains information on who is eligible for the MBR program, how to file an MBR application, and more.
Fact Sheet #24: Major Capital Improvements
This Fact Sheet contains information on what qualifies to be considered a Major Capital Improvement, the documentation that is needed for the MCI application, case processing, and more.
Window guards approved by the Department of Health must be properly installed according to DOH specifications in all windows,
Fact Sheet #26: Guide to Rent Increases for Rent Stabilized Apartments
This Fact Sheet contains information on the types of legal rent increases that owners may apply to a rent stabilized tenant’s rent.
Fact Sheet #27: Air Conditioners
This Fact Sheet contains information on the surcharges that owners may charge for the use and or installation of an air conditioner in electrical inclusion or electrical exclusion buildings. Owners may also be eligible for a rent increase if they purchase and install an air conditioner in a rent control or rent stabilized apartment
Fact Sheet #30: Succession Rights
This Fact Sheet contains information on the definitions of a family member, disabled person, and senior citizen for succession purposes, and the minimum residency requirements that must be met to be eligible for succession rights.
This Fact Sheet contains information on the grounds for eviction, as well as resources for assistance with questions about court-related matters or free legal assistance.
Fact Sheet #33: Useful Life Schedule for Major Capital Improvements
This Fact Sheet contains information on the requirements set forth by the Useful Life Schedule for a variety of MCI items and the timeline in which an owner may apply for a waiver of the application of the useful life requirement.
Fact Sheet #34: Expedited Proceedings
Proceedings may be expedited on a case-by-case basis for good cause shown and with full consideration of the equities.
This Fact Sheet contains information on how a rent reduction order affects the collectability of an MCI or IAI rent increase.
Fact Sheet #36: Historical Deregulation Rent and Income Thresholds
This Fact Sheet contains information on the historical deregulation rent and income thresholds for vacant and occupied apartments. As of June 14, 2019, all forms of deregulation with the exception of 421-a (16) apartments, have been repealed.
Fact Sheet #37: De Minimis Conditions in Building-Wide or Individual Apartment Areas
This Fact Sheet contains information on conditions that are de minimis in nature, and do not rise to the level of a failure to maintain a required service. De minimis services only have a minimal impact on tenants.
Fact Sheet #38: Substantial Rehabilitation
The DHCR will find that a building has been substantially rehabilitated within the meaning of tenant protection
regulations.
Fact Sheet #39: Comparative and Alternative Hardship
The restrictions against applying for or receiving an alternative hardship rent adjustment are listed here.
Fact Sheet #40: Preferential Rents
This Fact Sheet contains information on the rules and limitations regarding preferential rent.
Fact Sheet #41: Tax Abatements
This Fact Sheet contains information on the tax incentive programs that give tax benefits to owners for meeting certain requirements, such as rehabilitating qualifying systems in existing buildings, constructing new buildings, or creating residential units in previously commercial buildings.
Fact Sheet #42: Hotels, SROs and Rooming Houses
Multiple dwellings are used for permanent residence purposes and consist of units that contain kitchens and bathrooms.
Fact Sheet #43: Foreclosure and Owner and Tenant's Rights
This Fact Sheet contains Frequently Asked Questions related to foreclosure and owner and tenant’s rights.
This Fact Sheet contains information on certain fees that owners may charge tenants that are separate and apart from the rent for the apartment. Fees of any kind cannot become a part of the legal or preferential rent and cannot be added to the rent for the purpose of calculating lease renewal increases.
Questions and answers rent stabilize apartment in NY:
Is there a difference between Rent Control and Rent Stabilization?
Yes. While rent control and rent stabilization both involve rent regulation, they have different sets of regulations. According to the 2021 NYC Housing and Vacancy Survey (HVS), there are about 16,400 rent controlled apartments and about 1,048,860 rent stabilized apartments.
The term “rent regulated” encompasses both rent controlled and rent stabilized units. The NYS Homes and Community Renewal (HCR), the agency that regulates both rent controlled and rent stabilized apartments, explains their differences in Fact Sheet #1: Rent Stabilization and Rent Control and on their Rent Control page:
In New York City, Rent Control tenants are generally in buildings built before February 1, 1947, where the tenant is in continuous occupancy prior to July 1, 1971. Tenants who took occupancy after June 30, 1971, in buildings of six or more units built before January 1, 1974, are generally Rent Stabilized.
In New York City, apartments are under rent stabilization if they are in buildings of six or more units built between February 1, 1947, and December 31, 1973. Tenants in buildings built before February 1, 1947, who moved in after June 30, 1971, are also covered by rent stabilization. A third category of rent stabilized apartments covers buildings with three or more apartments constructed or extensively renovated on or after January 1, 1974 with special tax benefits. Generally, those buildings are only subject to stabilization while the tax benefits continue or, in some cases, until the tenant vacates.
How do rents increase in rent controlled apartments?
With passage of the Housing Stability and Tenant Protection Act of 2019, effective June 14, 2019, the method by which rents change in rent controlled apartments was significantly changed.
According to Fact Sheet #1: Rent Stabilization and Rent Control: In New York City, rent control operates under the Maximum Base Rent (MBR) system. A maximum base rent is established for each apartment and adjusted every two years to reflect changes in operating costs. Owners, who certify that they are providing essential services and have removed violations, are entitled to raise rents the lesser of either the average of the five most recent Rent Guidelines Board annual rent increases for one-year renewal leases or 7.5 percent each year until they reach the MBR. Tenants may challenge the proposed increase on the grounds that the building has violations or that the owner’s expenses do not warrant an increase.
In addition, rent controlled tenants will no longer pay or have their rent increased by fuel pass along charges. For further info, contact NYS Homes and Community Renewal (HCR), the state agency which administers the rent laws.
What is the status of rent control?
Rent control covers about 16,400 apartments occupied generally by an older, lower income population who have been in occupancy since July 1, 1971, or by their lawful successors. Apartments under rent control become decontrolled upon vacancy. If the apartment is in a building with six or more units it will generally fall under rent stabilization upon vacancy. However, the apartment may instead be fully deregulated if it is in a building with five or fewer apartments. For further information on this process, see HCR Fact Sheet #6: Fair Market Rent Appeals.
May I continue to live in my mom’s rent controlled apartment after she has passed away?
Under the rent control rules, you could take over or “succeed” to the apartment only if you had lived with your mother for the two-year period immediately preceding her passing or departure from the apartment, or, if you are a senior citizen or are disabled, you only had to have lived with your mother for one year. For more information, see HCR Fact Sheet #30: Succession Rights.
Succession rights are also discussed in our Succession Rights FAQ.
How much can the rent be increased after a rent controlled tenant vacates an apartment?
According to HCR Fact Sheet #6: Fair Market Rent Appeals: In NYC, when a tenant moves out of a rent controlled apartment, the apartment becomes decontrolled. If that apartment is in a building built before January 1, 1974, containing six or more units at any time, it becomes rent stabilized. The owner must register the unit with the NYS Division of Housing and Community Renewal (DHCR) by completing the Initial Apartment Registration, (DHCR Form RR-1) and must provide the tenant with a copy by certified mail. The owner may charge the first stabilized tenant a rent negotiated between them, which is subject to the tenant’s right to file a “Fair Market Rent Appeal” (FMRA).
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