New York Rent Caps: City-by-City Ordinances Explained

For New York renters, understanding the different rent control, rent stabilization, and local rent cap laws is essential for ensuring fair treatment and knowing your rights when facing a rent increase. Depending on where you live—such as New York City, Albany, Rochester, or Buffalo—your protections may vary. This guide explains how rent regulations work across New York cities, the key forms you may need, and how to take action if your rent is increased unfairly.

Understanding Rent Control, Rent Stabilization, and Local Rent Caps

New York offers a mixture of statewide protections and local rules. The most well-known programs are rent control and rent stabilization, but some cities have recently adopted their own local rent caps under the Emergency Tenant Protection Act (ETPA), especially since the 2019 reforms.

• Rent Control: Applies mostly to buildings built before 1947 and occupied continuously by the same tenant or their family. This is limited and covers fewer apartments each year.
• Rent Stabilization: More widely applies in New York City and some Nassau, Westchester, and Rockland County communities—usually for buildings with six or more units built before 1974. These units have limits on annual rent increases and a formal process for landlords to make rent changes.
• Local Rent Caps/Ordinances: Since 2019, other New York cities can opt in to rent stabilization if they declare a housing emergency. Places like Kingston and Albany have adopted local versions, capping rent increases for certain apartments.

If your unit is covered, your landlord generally cannot raise your rent above limits set by a local Rent Guidelines Board or local ordinance. To check if your unit is covered:

• Ask your landlord and request documentation
• Contact your local housing agency or the New York State Division of Housing and Community Renewal (DHCR)

How Local Ordinances Work Across New York Cities

Let's look at how rent caps and regulations differ by city:

• New York City: Most rent regulation falls under rent control or rent stabilization. The New York City Rent Guidelines Board sets maximum annual increases for stabilized units.
• Albany: In 2022, Albany declared a housing emergency and adopted rent stabilization for certain apartments. The Albany Rent Guidelines Board sets caps for eligible units.
• Kingston: Adopted rent stabilization rules in recent years. Contact the Kingston city website for local guidelines and updates.
• Other Cities (Buffalo, Rochester, etc.): No citywide rent stabilization yet, but neighboring counties can opt in under ETPA if a housing emergency is declared.

The main legislation covering these protections is the New York State Emergency Tenant Protection Act (ETPA) and New York Real Property Law.¹

How to Check If You’re Covered and What to Do About Rent Increases

If you receive a notice of rent increase:

• Review your lease and confirm whether your unit is regulated.
• Contact your local Rent Guidelines Board or DHCR for information.
• If your rent increase exceeds the guideline, you have the right to file a complaint.

If your unit is regulated and you believe your landlord raised the rent illegally, you have resources to challenge it.

Key Forms for Renters in New York

• DHCR Form RA-89 – Tenant’s Complaint of Rent Overcharge
  When to use: If you suspect your landlord has charged more than the legal regulated rent, you can file this form.
  Example: You receive a new lease with a rent increase that seems higher than the annual cap for your area.
  Download RA-89 from DHCR
• DHCR Form RA-81 – Tenant’s Complaint of Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease
  When to use: If your landlord refuses to provide a renewal lease or new lease copy for a regulated apartment.
  Access RA-81 from DHCR

How the New York State Division of Housing and Community Renewal (DHCR) Helps

DHCR is the official agency that oversees rent regulation cases, monitors landlord compliance, and handles tenant complaints statewide. To learn more or submit a complaint, visit the New York State DHCR Rent Regulation Portal.

What If My City Passes a New Rent Cap Ordinance?

New York law allows more cities to opt in to rent stabilization. If your local government enacts rent controls:

• Look for city announcements or visit the city’s housing website.
• Check for a new Rent Guidelines Board in your area.
• Your landlord must follow the new local rent increase limits and provide notice accordingly.

If you’re unsure about your legal status, contact your city’s housing agency or DHCR for up-to-date advice.

Frequently Asked Questions About New York’s Local Rent Caps and Ordinances

1. What is the difference between rent control and rent stabilization in New York?
   Rent control generally covers older apartments with long-term tenants, while rent stabilization covers newer units (but typically pre-1974) with regulated rent increases set by local boards.
2. How do I find out if my apartment is rent stabilized?
   You can ask your landlord, review your lease, or look up your building on the DHCR website. Tenants can also call the DHCR Rent InfoLine.
3. What should I do if my rent increases more than the local guideline?
   You can file a complaint using DHCR Form RA-89, providing documentation of the increase and your lease.
4. Are new buildings in New York City covered by rent stabilization?
   No, most new buildings are not covered unless they receive specific tax benefits in exchange for rent limits (such as 421-a or J-51 programs).
5. Does every city in New York have rent caps?
   No. Only cities that have declared a housing emergency and adopted rent stabilization under ETPA have rent increase caps.

Key Takeaways for New York Renters

• Rent control and rent stabilization laws differ by city and building age.
• If your city adopts an ordinance, you may have new rent increase protections and processes.
• Official forms and the DHCR offer ways to challenge unfair rent increases.

Knowing your protections helps you respond confidently to rent increases and maintain secure housing.

Need Help? Resources for Renters

• New York State Division of Housing and Community Renewal (DHCR) – Statewide rent regulation queries, forms, and complaint system.
• NYC Rent Guidelines Board – Information on annual rent increases for stabilized NYC units.
• Albany Rent Guidelines Board – Local rent cap rules and updates.
• For urgent legal support, consider contacting a local tenant advocacy group or calling the New York State Tenant Protection Hotline (833-499-0343).

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1. Emergency Tenant Protection Act (ETPA) governs local rent stabilization opt-ins; New York Real Property Law outlines general tenant rights and landlord duties.

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