Understanding Vacancy Decontrol Rules for NY Renters

If you rent in New York and live in a rent-controlled or rent-stabilized apartment, changes to your apartment's rent can be confusing. Knowing how vacancy decontrol works—and what it means for you—is essential for protecting your housing rights. This article explains vacancy decontrol in plain terms, with resources and advice specifically for New York renters.

What Is Vacancy Decontrol?

Vacancy decontrol is a rule that lets a landlord remove an apartment from rent stabilization protections when it becomes vacant and meets certain rent or income thresholds. This means new tenants may not get the same protections or limits on rent increases as the previous tenants did. In New York, these rules have changed in recent years, so it’s important to know your rights under the latest laws.

How Do Rent Control and Rent Stabilization Differ?

• Rent-Controlled: Applies to some buildings built before 1947 and where tenants (or their lawful successors) have lived continuously since 1971. These units are rare in New York City today.
• Rent-Stabilized: Most often applies to buildings with six or more units built before 1974. These units have regulated rent increases and strong tenant protections.

Experts recommend confirming which type of regulation applies to your apartment. See the New York State Homes and Community Renewal (HCR) website for details.

Recent Law Changes: Is Vacancy Decontrol Still Allowed?

Before 2019, landlords could remove an apartment from rent regulation if the rent was high enough (over a certain legal threshold), or if the tenant’s income was high, once the apartment became vacant. However, the Housing Stability and Tenant Protection Act of 2019 (HSTPA) eliminated vacancy decontrol for rent-stabilized units statewide. Now, even if a rent-stabilized apartment is vacated, it cannot be removed from regulation because of rent level or tenant income. Rent-controlled apartments also remain protected.

Key Points for Renters

• A landlord can no longer remove an apartment from the rent regulation system by waiting for a tenant to leave.
• Any deregulation must follow strict legal processes, as outlined in the New York Rent Stabilization Code and the HSTPA.
• If you are offered a new lease, it should state whether your unit is stabilized. Ask for proof if you are unsure.

What to Do If You Suspect Improper Deregulation

If you believe your landlord has removed your apartment from rent regulation improperly, you have the right to file a complaint with New York State Homes and Community Renewal (HCR)—the agency that enforces rent regulation rules.

Official Forms and How To Use Them

• RA-89: Application for Rent Reduction
  Use this form if you are in a rent-regulated apartment and believe your landlord is overcharging rent or has failed to provide necessary services. Find the form and instructions on the official HCR website.
• RA-23.5: Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease
  This is for tenants whose landlords do not provide proper leases under rent stabilization. Download it from the HCR official forms page.
• Submit complaints to HCR online, by mail, or in person. Detailed instructions are available on the HCR Tenant Complaint site.

Example: If you suspect your landlord raised your rent far beyond regulated limits when a lease was renewed, the RA-89 form is appropriate. Include supporting documents such as past leases or correspondences.

Rent Tribunal and Rent Regulation Laws

For most renters, the main tribunal is New York State Homes and Community Renewal (HCR). HCR administers and enforces rent control and rent stabilization laws, processes complaints, and oversees compliance across the state.

The key state legislation for renters is the New York State Real Property Law and the Rent Stabilization Code^[1].

FAQ: Vacancy Decontrol and Rent Control in NY

1. Is my rent-stabilized apartment still protected if I move out?
   Yes. Under current law, a rent-stabilized apartment stays under regulation even after a tenant leaves. A new tenant will also have rent stabilization protections.
2. Can a landlord remove my unit from regulation by doing major renovations?
   No, the law changed in 2019. Doing repairs or improvements no longer lets landlords deregulate an apartment. Improvements may increase rent slightly, but the unit remains regulated.
3. What official forms should I file if I suspect my unit was deregulated improperly?
   You should file the RA-89 form (Application for Rent Reduction) or, if your landlord has not given you a proper lease, the RA-23.5 form.
4. Where can I get help or advice about rent regulation in New York?
   You can contact the HCR Rent InfoLine at 718-739-6400 or visit the HCR website for free guidance and complaint forms.
5. If I file a complaint, will my landlord know right away?
   No, complaints with HCR are processed confidentially, and there are protections against retaliation.

Conclusion: Key Takeaways

• Vacancy decontrol is no longer legal for rent-stabilized apartments in New York—new tenants keep protections regardless of previous tenant status.
• If your rent or lease terms seem improper, official complaint forms and support are available from HCR.
• Stay informed, ask for written proof, and seek help promptly if you believe your rights are being violated.

Understanding these protections ensures you can respond confidently if issues arise with rent increases or lease renewals.

Need Help? Resources for Renters

• New York State Homes and Community Renewal (HCR) – Official rent control enforcement, forms, and information
• Tenant Complaint Filing Portal
• HCR Contact Options – Phone: 718-739-6400 (Rent InfoLine)
• NY Courts: Tenants' Rights Guide

---

1. New York State Real Property Law – Tenant Protections; Rent Stabilization Code of New York; Housing Stability and Tenant Protection Act of 2019 (HSTPA) Summary

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