Understanding Rent Stabilization in New York

New York renters often hear about "rent stabilization" but may not know how it protects them. Rent stabilization is a form of renter protection under New York law, especially in New York City and certain other municipalities. This guide explains what rent stabilization is, how it works, and what rights and resources are available for renters in New York State.

What is Rent Stabilization?

Rent stabilization is a set of laws and regulations that limit how much a landlord can raise rent each year and provide other key protections to tenants. These protections are focused on multi-family buildings constructed before 1974 in New York City and some parts of Nassau, Westchester, and Rockland counties. About one million apartments in New York City are rent stabilized.

• Rent increase limits: Landlords can only increase rent by amounts set each year by the local Rent Guidelines Board.
• Lease renewal rights: Tenants have a legal right to receive lease renewals, usually for one- or two-year terms.
• Eviction protection: Landlords can only evict for legally defined reasons, such as nonpayment of rent or certain lease violations.
• Maintenance requirements: Buildings must be kept in good repair and apartments kept habitable.

How Do Rent Increases Work Under Stabilization?

Each year, the New York City Rent Guidelines Board sets the maximum allowable percentage for rent increases on stabilized apartments. For example, for renewal leases beginning between October 1, 2023, and September 30, 2024, the allowed increases are:

• 1-year lease: up to 3%
• 2-year lease: up to 2.75% for the first year and up to 3.2% for the second year

Outside New York City, local rent guidelines boards set their own allowed increases, so it's important to check with the municipality where you live.

Which Apartments Are Rent Stabilized?

Most rent-stabilized apartments are in buildings with six or more units built before January 1, 1974. However, some newer buildings may be stabilized if owners received certain tax benefits. To check if your apartment is rent stabilized, request your rent history from the New York State Division of Housing and Community Renewal (DHCR).

How to Request Your Apartment's Rent History

You can request your individual apartment rent history directly from DHCR online or by mail. This is useful if you suspect your apartment should be rent stabilized or want to verify your rent increases are legal.

• Form: Certification of Tenant's Rent History (DHCR Form RA-0739)
• Official DHCR Rent History Request Form and Instructions
• When to use: If you believe you're living in a rent stabilized apartment or want to check the legality of your current or past rent, submit this form online or mail to the address provided by DHCR. Example: You notice your rent increased by 10% in one year and want to confirm if this was legal under rent stabilization laws.

Your Rights and Protections as a Rent Stabilized Tenant

• Receive timely lease renewal offers, usually 90 to 150 days before your current lease expires
• Be charged only legal rent increases set by the local Rent Guidelines Board
• Live in a well-maintained building with essential services (e.g., heat, hot water, repairs)
• Protection from eviction without good cause

Official Forms for Renters

• Tenant's Statement of Complaint(s): Decrease in Building-Wide Services (DHCR Form RA-84)
  Used when a landlord has reduced or stopped a service (like heat or elevator), impacting the building. File this form if your landlord fails to make necessary repairs or maintain building-wide services. View and download the form here.
• Tenant's Application for Rent Reduction Based on Decreased Individual Apartment Services (DHCR Form RA-81)
  File this if you experience a decrease in services specific to your unit, such as broken appliances or no hot water. Download and instructions here.

What To Do If You Have a Dispute or Issue

If you feel your rights are being violated, you can apply to the New York State Division of Housing and Community Renewal (DHCR), which is the official agency handling rent stabilized complaints, forms, and enforcement. For Manhattan, the New York City Housing Court handles disputes between landlords and tenants.

Relevant Legislation

• New York State Real Property Law Article 7: Covers general tenant rights
• Emergency Tenant Protection Act (ETPA): Provides the legal foundation for rent stabilization

FAQ: Rent Stabilization and Your Rights in New York

1. How do I know if my apartment is rent stabilized?
   You can request a rent history from DHCR online or by mail to confirm your unit's status. Look for buildings with six or more units built before 1974, but always check with DHCR for your specific address.
2. Can my landlord refuse to renew my lease under rent stabilization?
   No. Unless there is legal cause (such as repeated nonpayment or major lease violations), landlords generally must offer renewal leases under rent stabilization rules.
3. What if my rent increases more than the guidelines allow?
   File a complaint with DHCR using the appropriate form. They can investigate and order refunds for overcharges if needed.
4. Who sets the rent increase rates each year?
   The local Rent Guidelines Board sets maximum rent increases permitted for stabilized leases every year, based on factors like building costs and economic conditions.
5. Where can I get help if I have problems with my landlord?
   Contact DHCR, your local rent regulation office, or visit the Housing Court for dispute resolution options.

Conclusion: Key Points for Renters

• Rent stabilization protects renters with limits on rent hikes and important rights.
• Always verify your apartment’s status and know your lease renewal rights.
• Submit official forms if you face issues, and seek help from DHCR or Housing Court if needed.

With accurate information about rent stabilization, you can better protect your housing situation and assert your rights confidently in New York.

Need Help? Resources for Renters

• DHCR Tenant Resources – forms, complaints, rent histories, and tenant FAQs
• NYC Rent Guidelines Board – official rent increase rates
• NYC Housing Court – help with disputes, court locations, and answers about landlord-tenant law
• Contact DHCR – phone, email, and office locations for personal assistance

---

1. New York State Division of Housing and Community Renewal (DHCR): Rent Stabilization
2. Emergency Tenant Protection Act (ETPA)
3. NYC Rent Guidelines Board
4. DHCR Tenant Resources
5. New York State Real Property Law Article 7

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations