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Rent Stabilization FAQ

Frequently Asked Questions (FAQs)Affordable Housing FAQCo-ops & Condos FAQConversion & Demolition FAQDeregulation FAQLeases (Renewal & Vacancy) FAQMiscellaneous FAQOwner/Landlord FAQPrimary Residence FAQQuality of Life FAQRent Control FAQRent Increases FAQRent Stabilization FAQRepairs & Maintenance FAQRoommates FAQSecurity Deposits FAQSubletting FAQSuccession Rights FAQTax Abatements & Exemptions FAQ

It is important to note that these FAQs are not intended as a substitute for the definitions, interpretations, etc., contained in the respective rent regulatory statutes, codes, and regulations themselves, or any administrative or court decision construing such statutes, codes, and regulations, or any order of the New York City or County Rent Guidelines Boards.
Is there a difference between rent control and rent stabilization?

Yes. This question is answered in our Rent Control FAQ.

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What is 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.

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Can my landlord evict me and use my stabilized apartment for their family?

One of the advantages of being a rent stabilized tenant is the statutory right to renew your lease. This right holds with few exceptions, and eviction for owner occupancy by the landlord or a family member is one of the exceptions. 

However, with passage of the Housing Stability and Tenant Protection Act of 2019, owners choosing to reside in a building they own may now only occupy one rent regulated unit for themselves or their family members. Residents who have been in place for 15 years or are elderly or disabled have additional protections pursuant to changes in the owner occupancy provisions.

According to Fact Sheet #10 – Eviction from an Apartment Based on Owner Occupancy:

For rent stabilized apartments and rent controlled apartments both inside and outside of New York City, only one of the individual owners of a building can take possession of only one dwelling unit for personal or immediate family use and occupancy, even if the building has joint or multiple ownership. An owner must establish an immediate and compelling need for the apartment for use as his or her primary residence or as a primary residence for his or her immediate family.

In NYC, an owner may refuse to renew a rent stabilized tenant’s lease because the owner has an immediate and compelling need to possess the apartment for use as his or her primary residence or as a primary residence for his or her immediate family. Under the Rent Stabilization Law, an owner may begin an eviction proceeding when the current lease expires, but only after the tenant is given written notice that the lease will not be renewed. This notice must be served at least 90 and not more than 150 days before the current lease term expires.

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What happens when the rent for my stabilized apartment rises above a certain level?

With passage of the Housing Stability and Tenant Protection Act of 2019, effective June 14, 2019, apartments remain stabilized, regardless of the rent to any amount. Further information can be found in our Deregulation FAQ.

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How do I find out if my apartment is stabilized?

If you want to find out if your apartment is rent stabilized, you may do so by filling out an online form offered by NYS Homes and Community Renewal (HCR), the agency that regulated rent stabilized apartments. You may also obtain the rental history of the apartment using the same online form

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Can the management company sell my stabilized apartment?

When a rent stabilized building is converted to a co-op or condo, renters in place at the time of the conversion are usually allowed to remain under a non-eviction plan. They also have the right to renew their leases, and cannot be kicked out. However, once the rent stabilized tenant moves out, the apartment can either a) be sold; or b) be rented without the protections of rent stabilization. If you were in the building before it was converted to a co-op or condominium, you have the right to remain. However, if you moved in after the building was converted, the apartment is no longer rent stabilized and the management company is not obligated to renew your lease. For more info, contact NYS Homes and Community Renewal (HCR), the agency that enforces the rent laws.

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Similar buildings in my neighborhood are stabilized. Why isn’t mine?

The story of the rent laws, and why some buildings and apartments are stabilized and some are not, is described in Fact Sheet #1: Rent Stabilization and Rent Control.  In general, if your building has six or more units and is not a condo or co-op, contact NYS Homes and Community Renewal (HCR), the agency which administers the rent laws, and ask them if your apartment is (or should be) rent stabilized.

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Should my landlord inform me that my unit is stabilized?
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TenantNetHousing CourtRent RegulationHousing Laws https://platform.twitter.com/widgets/follow_button.2b2d73daf636805223fb11d48f3e94f7.en.html#dnt=false&id=twitter-widget-0&lang=en&screen_name=TenantNet&show_count=false&show_screen_name=true&size=l&time=1678206438397New York Rent LawsWhat rights do I have as a tenant? — the most often asked, generic and hard to answer question. In New York City, it’s especially confusing given the overlapping quilt of laws, codes and agencies. Where does one turn and what law covers what problems?Many tenants are rent regulated, meaning they are under either the old system of Rent Control or the relatively newer Rent Stabilization. Rent regulation covers three essential areas:it limits the rate of rent increasesit limits the method, manner and grounds for evictionsit requires services to be maintainedAlthough there is overlap, in general Rent Regulation does not cover leases, court proceedings or building problems that might fall under the Building or Fire Codes or under the Housing Maintenance Code or the Multiple Dwelling Law.The New York City Rent Stabilization Law (RSL) is the fundamental statute establishing Rent Stabilization regulation in New York City, and through the Rent Stabilization Code (RSC), is administered by the New York State Division of Housing and Community Renewal (DHCR). Established in 1969, the RSL is a modification and successor regulatory scheme to Rent Control. As Rent Control apartments become vacant, they normally become subject to Rent Stabilization.Rent Increases for Rent Stabilized apartment units are provided by the annual NYC Rent Guidelines Board (RGB) Orders. At the end of a current lease, rent stabilized tenants have the option of renewing for one or two years at the current renewal percentage increase in the RGB orders. On a vacancy, the owner is allowed to add a vacancy increaseon top of the renewal increase.Note: the Rent Stabilization Law currently available on TenantNet does not reflect changes made in the law in 1993 for high rent and high income decontrol. These changes were made by the Rent Regulation “Reform” Act of 1993. We hope to update the RSL to reflect these changes as soon as possible.The Emergency Tenant Protection Act (ETPA) provided for rent stabilization in various municipalities (local opt-in) in Nassau, Rockland and Westchester counties predicated on a continuing housing emergency (i.e., vacancy rate less than 5%), amended the NYC Rent Stabilization Law, and ended the 1971 vacancy decontrol of rent stabilized units.The Emergency Housing Rent Control Law (State Rent Control) was first enabled in 1946 and amended throughout the years. It continued Rent Control from the expiring Federal Emergency Price Control Act (EPCA).The Local Emergency Housing Rent Control Act (City Rent Control) transferred the administration of rent control from the state government to the New York City government. New York State continued to administer rent control in other parts of the state.The New York City Rent and Rehabilitation Law (N.Y.C. Admin. Code Sections 26-401 — 26-415) enabled the Rent Control provisions in the NYC Administrative Code.Still to come: the NYC Rent and Eviction Regulations, the NYS Rent and Eviction Regulations, the NYS Rent Stabilzation Regulations (ETPA) and DHCR Rules of Practice.Electronic versions of the documents on TenantNet are for informational purposes only and there is no guarantee they will be accepted by any court (or even DHCR) as true copies of DHCR policy. The reader is advised to obtain true copies of these documents from DHCR. Every attempt has been made to conform to the original documents; TenantNet makes no representation the enclosed material is current or will be applied as written. The reader is advised that DHCR often fails to properly apply, interpret or enforce housing laws. Since housing laws are complex and often contradictory, it is recommended the reader obtain competent legal advice from a tenant attorney or counseling from a tenant association or community group.NYC Rent Guidelines Board OrdersRent Stabilization Law (1969)Rent Regulation “Reform” Act of 1993 amending various rent lawsRent Stabilization Code (2000)Rent Stabilization Code (1987) – archivalEmergency Tenant Protection Act (1974)Emergency Housing Rent Control Law (State Rent Control)Local Emergency Housing Rent Control Act (City Rent Control)New York City Rent and Rehabilitation Law (N.Y.C. Admin. Code Sections 26-401 — 26-415)
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First, note that although a building may contain rent stabilized units, not all units in the building are necessarily rent stabilized. You should contact NYS Homes and Community Renewal (HCR), the agency which administers the rent laws, to find out if your apartment is rent stabilized.

If your apartment is indeed stabilized, your landlord is supposed to attach to your lease the Rent Stabilization “Lease Rider.” The rider informs you of your rights and responsibilities as a rent stabilized tenan

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Rent stabilization provides protections to tenants besides limitations on the amount of rent increases. Tenants are entitled to receive required services, to have their leases renewed, and may not be evicted except on grounds allowed by law. Leases may be renewed for a term of one or two years, at the tenant’s choice.

Rent Stabilization and Rent Control

RENT STABILIZATION, Robert Khodadadian

New York (.gov)https://hcr.ny.gov › fact-sheet-1

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Rent Stabilization and Emergency Tenant Protection Act

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In general, rent stabilization in New York City applies to buildings of six or more units built between February 1, 1947 and December 31, 1973.

Rent Stabilization FAQ – Rent Guidelines Board

cityofnewyork.ushttps://rentguidelinesboard.cityofnewyork.us › faqs › r…

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 …

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Feb 6, 2023 — The rent stabilization laws, first enacted in 1969 and altered over the years, restrict annual rent increases for certain apartments and force …

TENANTS’ RIGHTS GUIDE – NYC.gov

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by ET SCHNEIDERMAN · Cited by 4 — by the rent stabilization law, enforced by the DHCR. II. LEASES … New York City rent stabilized tenants are entitled to receive from their.

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In New York Cityrent stabilization applies to all apartments except for certain classes of housing accommodations for so long as they uphold the status that …

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cityofnewyork.ushttps://rentguidelinesboard.cityofnewyork.us › faqs › r…

In New York Cityapartments are under rent stabilization if they are in buildings of six or more units built between February 1, 1947, and December 31, 1973.

Understanding Rent Regulation in N.Y.C. – The New York Times

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Jun 22, 2022 — What is a rentstabilized apartment? … The second system, rent stabilization, applies generally to apartments in buildings with at least six …

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Feb 1, 2022 — When you live in a rent stabilized unit, your landlord is obligated to add your spouse’s name to the lease. You are allowed to have one roommate …

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Feb 6, 2023 — “The thing to remember about rent stabilization is that it’s not subsidized, so it mandates the rent costs, but doesn’t provide any …

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Feb 7, 2023 — Under the laws, a rentstabilized apartment can only be raised a certain amount each year — frustrating landlords, and making those apartments a …

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Feb 13, 2023 — Rentstabilized Apartments … Rent stabilization works a bit differently. It applies to any apartment built before 1974 that has more than six …

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Feb 9, 2023 — The 2019 rent reform law limited when and how a landlord can increase rentson stabilized apartments, of which there are an estimated 900K …

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Jun 17, 2022 — NYC Council Says Housing Crisis Still Exists, Votes to Extend Rent Stabilization Laws · The vote comes weeks after the New York City Rent …

Press Releases | Rebny

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ABOUT THE REAL ESTATE BOARD OF NEW YORK The Real Estate Board of New York(REBNY) is the … city planning and zoning, rental conditions, land use policy, …

NY State Senate Bill S7213A

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Relates to rent regulations and to the application of the Housing Stability and Tenant Protection Act of 2019; establishes the legal regulated rent for the …

New York protections for rental tenants upheld at 2nd Circuit

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Feb 6, 2023 — Rentstabilization laws protecting New York City tenants from sharp, annual increases were first enacted in 1969. The state’s rent stabilization …

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t, and includes the prior rent for the apartment, as well as the reasons the rent was increased. You can contact HCR and file a complaint if your landlord did not provide the Rider. For more information, see HCR Fact Sheet #2: Rent Stabilization Lease Rider.

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