Fact
Sheet #31 - Guide to Rent Increases for Rent Stabilized Apartments
in Nassau,
Rockland and Westchester Counties
Note: For the most recent version of this fact sheet,
please see the DHCR
website version.
This
is a guide to rent increases for Rent Stabilized Apartments in Nassau,
Rockland and Westchester Counties, the counties in which Rent Stabilized
Apartments are Regulated under the Emergency Tenant Protection Act of
1974. A list of the municipalities which have adopted the ETPA can
be found at the end of this Fact Sheet.
A
tenant may separately request from the New York State Division of Housing
and Community Renewal (DHCR) a printout of the rent registration information
on file for the tenant's apartment and it will be sent to the tenant
in a separate mailing. This printout and this guide will assist the
tenant in reviewing the rental history of the tenant's apartment.
The
rent registration printout will show the rents the building Owner registered
with DHCR for the tenant's apartment for the last four years. Rent
changes occurring after April 1 of a given year will be included in
the rent shown for April 1 of the following year.
In
addition to the rent increases discussed in this fact sheet, a tenant's
rent may be affected by prior cases relating to the tenant's apartment.
The tenant may request from DHCR a printout showing any prior cases
affecting the rent of the tenant's apartment. This printout, as well
as the rent registration printout mentioned above, may be obtained
by visiting one of DHCR's offices and speaking to a counselor. The
end of this fact sheet lists DHCR's offices.
Four
common ways Owners may increase rents are:
1.
Lease Increases Approved by the Applicable ETPA County Rent Guidelines
Board
The ETPA provides for the establishment of County Rent Guidelines
Boards in Nassau, Rockland and Westchester Counties. These Guideline
Boards independently set the maximum allowable rates for rent adjustments
effective October 1st each year for renewal leases in ETPA apartments;
and for vacancy leases may authorize a vacancy allowance in addition
to the statutory vacancy increase.
Each year, Owners of all housing accommodations subject to ETPA must
complete and certify a Property Maintenance and Operations Cost Survey
Schedule. DHCR staff members use the Surveys to tabulate the changes
in Owner's cost and income from year to year. These tabulations are
used by the County Rent Guidelines Boards to determine rent guidelines.
The filing of this Survey does not satisfy an Owner's responsibility
to annually register all of the apartments subject to the ETPA with
DHCR. Both requirements, the Survey and Registration, must be satisfied
for the Owner to legally collect the guideline increase.
Nassau, Rockland and Westchester County Rent Guidelines Boards have
generally held that when an Owner fails to file the completed Survey
in a timely manner, they may not be eligible to collect guideline increases
for the following lease term. All information on the Surveys is kept
confidential, unless the Owner indicates otherwise. The "D-1" List
If an Owner fails to return the completed survey to DHCR, the Owner's
name is added to the "D-1" list. That listing means that
without a legally acceptable reason for failing to submit the Survey,
the Owner may be ineligible for guideline rent increases.
The "B-2" List
Late filing of the Survey will place an Owner on the "B-2" List.
By filing late, an Owner may also forfeit guidelines rent increases.
Tenants in residence have the right to select a lease renewal for a
one or two year term. The Owner must offer notice of renewal by certified
mail or personal delivery on lease renewal forms, Owner's Notice To
Tenant for Renewal Lease, (DHCR form RTP-8 Outside NYC) not more than
120 days and not less than 90 days before the existing lease expires.
The Owner may charge the tenant a County Rent Guidelines Board authorized
adjustment based on the length of the renewal lease term selected by
the tenant. For example, if the guidelines adjustment for renewal leases
determined by an ETPA county Rent Guidelines Board effective from October
1, until September 30, of a given year was 4% for a one year lease
renewal and a tenant in that county with a rent of $800 decided to
renew his or her lease for a one year term, the new rent would be computed
as follows: $800. (old rent) x .04 = $32. (rent increase) = $832 (new
rent).
In addition to renewal lease increases, the County Rent Guidelines
Board may provide for an additional increase called a "vacancy
allowance". This vacancy allowance is in addition to the Statutory
Vacancy Increase which is described below.
Listed below are the guidelines adopted by each of the ETPA County
Rent Guidelines Boards for leases commencing during the periods given
below.
Nassau
Period
During which Lease Commenced
|
One
Year Lease Term Renewal
|
Two
Year Lease Term Renewal
|
Vacancy
Allowance
|
10/1/01
- 9/30/02
|
3%
|
5%
|
0%
|
10/1/02
- 9/30/03
|
1.5%
|
2.5%
|
0%
|
10/30/03
- 9/30/04 |
5% |
8% |
0% |
10/30/04
- 9/30/05 |
4.25% |
6.25% |
0% |
Rockland
Period
During which Lease Commenced
|
One
Year Lease Term Renewal
|
Two
Year Lease Term Renewal
|
Vac-
ancy Allow
ance
|
61
Units or more
|
60
Units or less
|
61
Units or more
|
60
Units or less
|
10/1/01
-
9/30/02+
|
1%
|
1.75%
|
2.25%
|
2.5%
|
0%
|
10/1/02
-
9/30/03
|
2.5%
(All Units)
|
3%
(All Units)
|
0%
|
10/30/03
-
9/30/04 |
2.5%
(All Units) |
4%
(All Units) |
0% |
10/30/04
-
9/30/05
|
2.5%
(All Units)
|
4.25%
(All Units)
|
0%
|
+
These guidelines also provided for an extra $15.00 per month increase
for all renewal leases if, after all increases allowable under the
ETPA, the legal rent did not exceed the following: for a studio,
$550.00 or less, for a one bedroom, $600.00 or less; for a two bedroom,
$650.00 or less; for a three bedroom or larger, $700.00 or less.
Westchester
Period
During which Lease Commenced
|
One
Year Lease Term Renewal
|
Two
Year Lease Term Renewal
|
Vac-
ancy Allow-
ance
|
10/1/01
- 9/30/02
|
2.75%
(2.25% if Owner does not provide heat and/or hot water)
|
3.75%
(3% if Owner does not provide heat and/or hot water)
|
0%
|
10/1/02
- 9/30/03
|
1.5%
(1.2% if Owner does not provide heat and/or hot water)
|
2.5%
(2% if Owner does not provide heat and/or hot water)
|
0%
|
10/30/03
- 9/30/04++ |
2%
(1.6% if Owner does not provide heat and/or hot water) |
3%
(2.4% if Owner does not provide heat and/or hot water) |
0% |
10/30/04
- 9/30/05
|
3.5%
(2.8% if Owner does not provide heat and/or hot water)
|
4.5%
(3.6% if Owner does not provide heat and/or hot water)
|
0%
|
++
These guidelines also provided for an additional supplement of $25.00
to be added to any legal regulated rent currently $500 per month
or less, prior to the imposition of any renewal lease guidelines
increase and that such a guidelines percentage rent increase be computed
upon the sum of the prior rent and the rent allowance.
2. Vacancy increase authorized by the
RRRA of 1997
The Rent Regulation Reform Act of 1997 (RRRA of 1997) amended the Emergency
Tenant Protection Act to provide for new vacancy increases, in addition
to any vacancy allowances which may be authorized by the ETPA County
Rent Guidelines Boards for vacancy leases starting on or after June
15, 1997. For vacancy leases starting on or after June 15, 1997, Owners
may no longer collect the one or two year guidelines applicable to
renewal leases. For additional information on these new vacancy increases,
see Fact Sheet #5, "Vacancy Leases in Rent
Stabilized Apartments." The vacancy increases that apply to
all vacancy leases, during the periods given below are as follows:
Nassau
Period
During which Lease Commenced
|
Statutory
Vacancy Increase* For A
|
One
Year Lease Term
|
Two
Year Lease Term
|
10/1/01
- 9/30/02
|
18%
|
20%
|
10/1/02
- 9/30/03
|
19%
|
20%
|
10/30/03
- 9/30/04 |
17% |
20% |
10/30/04
- 9/30/05
|
18%
|
20%
|
Rockland
Period
During which Lease Commenced
|
Statutory
Vacancy Increase* For A
|
One
Year Lease Term
|
Two
Year Lease Term
|
61
Units or more
|
60
Units or less
|
10/1/01
- 9/30/02
|
18.75%
|
19.25% |
20%
|
10/1/02
- 9/30/03
|
19.5%
(All units)
|
20%
|
10/30/03
- 9/30/04 |
18.5%
(All units) |
20% |
10/30/04
- 9/30/05
|
18.25%
(All units)
|
20%
|
Westchester
Period
During which Lease Commenced
|
Statutory
Vacancy Increase* For A
|
One
Year Lease Term
|
Two
Year Lease Term
|
10/1/01
- 9/30/02
|
19%
|
20%
|
10/1/02
- 9/30/03
|
19%
|
20%
|
10/30/03
- 9/30/04 |
19% |
20% |
10/30/04
- 9/30/05
|
19%
|
20%
|
*
Additional vacancy increases/special conditions:
An Owner is also entitled to collect additional vacancy increases if
certain conditions exist. First, if an Owner last collected a permanent
vacancy increase eight or more years ago, the Owner is entitled to
collect, in addition to the vacancy increase listed above, a vacancy
increase equal to .6% multiplied by the number of years since the Owner
last collected a permanent vacancy increase. Second, if the prior legal
rent was less than $300 per month, the Owner is entitled to collect,
in addition to the vacancy increases described above, a vacancy increase
of $100 per month. Third, if the prior legal rent was between $300
per month and $500 per month, the Owner is entitled to a vacancy increase
equal to the greater of the combined vacancy increases, excluding the
applicable RGB vacancy allowance, if any; or $100. For this third condition,
the applicable RGB vacancy allowance, if any, is added to the rent
after the calculation of the other increases.
Where an Owner makes a building-wide improvement, such as the installation
of a new boiler, the Owner may be entitled to collect from each rent
stabilized tenant in the building a major capital improvement (MCI)
rent increase. The MCI increase may not be charged until a DHCR order
is issued authorizing the charge and setting the amount. The MCI increase
becomes part of the legal regulated rent for the purpose of computing
future lawful increases. (See Fact Sheet #11, "Rent
Increases for Major Capital Improvements," for additional
information.)
Where an Owner installs a new appliance in, or makes an improvement
to, an apartment, the Owner may be entitled to increase the rent of
that apartment for the new appliance or improvement. If an apartment
has a tenant in occupancy, the Owner can only receive a rent increase
for the individual apartment improvement if the tenant consents in
writing to pay an increase for the improvement(s). However, if the
apartment is vacant, tenant consent is not required. The increase to
the tenant's rent is 1/40th of the total cost of the improvement including
installation. (See Fact Sheet #12, "Rent
Increases for New Services, New Equipment or Improvements to An Apartment," for
additional information).
If a tenant believes that his or her rent exceeds the lawful rent,
DHCR recommends that the tenant discuss this with the building's Owner
or managing agent before filing an overcharge complaint with DHCR.
If the tenant is unable to resolve the problem with the Owner, and
the tenant has reason to believe that his or her rent exceeds the lawful
rent, the tenant may file an overcharge complaint with DHCR. An overcharge
complaint form may be obtained by calling or visiting DHCR's office
in your county (see below for the locations and telephone numbers of
DHCR's ETPA County offices) or visiting the agency's website. A tenant's
complaint must be filed with DHCR within four years of the first overcharge
alleged. A tenants's failure to comply with the time limit for filing
an overcharge complaint will result in the tenant's inability to challenge
the lawfulness of the rent.
Municipalities in Nassau, Rockland and
Westchester Counties with ETPA
