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See
also Rent Control FAQ's
Disclaimer: By
providing answers to frequently asked questions, the staff of the
Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
Is
there a difference between RENT CONTROL and RENT STABILIZATION?
Some
of the people who email us say "rent controlled" but actually MEAN
rent stabilized -- they do not know the difference.
Why
is it so hard to be accurate? There is a difference between rent control
and rent stabilization, as only about 38,000 rent controlled units exist
vs. about one million stabilized units, and rent control has a different
set of regulations than rent stabilization.
The
term "rent regulated" encompasses both rent controlled and rent
stabilized units. By the way, the Rent Guidelines Board has the responsibility
for setting rent adjustments for rent stabilized apartments. We have no jurisdiction
over rent controlled apartments, which is the responsibility of the NY State
Division of Housing and Community Renewal (DHCR).
Rent Control:
The rent control
program generally applies to residential buildings constructed before February
1947 in municipalities that have not declared an end to the postwar rental
housing emergency. A total of 51 municipalities have rent control, including
New York City, Albany, Buffalo and various cities, towns, and villages
in Albany, Erie, Nassau, Rensselaer, Schenectady and Westchester counties.
For an apartment
to be under rent control, the tenant (or their lawful successor such as
a family member, spouse, or adult lifetime partner) must have been living
in that apartment continuously since before July 1, 1971. When a rent controlled
apartment becomes vacant, it either becomes rent stabilized, or, if it
is in a building with fewer than six units, it is generally removed from
regulation. For more information on succession and the definition of a
family member, check out the fact sheet.
An apartment
in a one- or two-family house must have a tenant in continuous occupancy
since April 1, 1953 in order to be subject to rent control. Once it is
vacated after that date, it is no longer subject to regulation. Previously
controlled apartments may have been decontrolled on various other grounds.
On rare occasion, a decontrolled apartment is ordered back under rent control
as a penalty for certain violations of the rent laws.
Rent Stabilization:
In NYC, rent
stabilized apartments are those apartments in buildings of six or more
units built between February 1, 1947 and January 1, 1974.
Tenants in
buildings of six or more units built before February 1, 1947 and who moved
in after June 30, 1971 are also covered by rent stabilization.
A third category
of rent stabilized apartments covers buildings with three or more apartments
constructed or extensively renovated since 1974 with special tax benefits.
Generally, these buildings are stabilized only while the tax benefits continue.
Many Exceptions:
THERE ARE NUMEROUS
EXCEPTIONS TO BOTH OF THESE GENERAL CATEGORIES. For example, if the legal
rent exceeded $2,500 following a vacancy the unit may be deregulated. Or,
if the unit was in a building converted to a co-op it may be deregulated
upon vacancy.
To determine
if your apartment is under rent stabilization or rent control, contact
the New York State Division of Housing and Community Renewal at (718) 739-6400.
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What
exactly is rent stabilization?
New
York City has a system of rent regulation 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 Rent Guidelines Board sets the allowable
percentage increase for renewal leases each year. Current and past guidelines
can be accessed here.
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Can
my landlord evict me and use my stabilized apartment for his family, and
how many apartments in the building can the landlord take?
One
of the advantages of being a rent stabilized tenant is the 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.
The
rent regulation laws allow the landlord of a rent stabilized building to
take over one or more apartments for family use. However, he/she must give
you 90 to 150 days notice before your existing lease expires that it will
not be renewed. In addition, he/she must be able to prove that the apartment
will be for family use.
Note
that if you are 62 or older or disabled you have additional protections.
If you do wish to stay in the apartment, you could simply stay put and wait
for the landlord to serve you with eviction papers. The landlord will then
have to prove in court that he needs the apartment for family use. The court
may or may not agree with his assessment.
Regarding
the number of apartments an owner can take: The Rent Stabilization Law and
Code is a little vague about the number of apartments that an owner may occupy: "...only
one of the individual owners of any building, whether such ownership is by
joint tenancy, tenancy in common, or tenancy by the entirety to recover possession
of one or more dwelling units for personal use and occupancy." However, the
DHCR informs us that an owner can take more than one unit for his or his
relative's occupancy.
Contact
DHCR at (718) 739-6400 for additional information on this
subject, and see the fact sheet on eviction
for owner occupancy.
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The
rent on my new apartment is over $2,500 - can it be stabilized?
The
building may in fact be rent stabilized, even though the rent exceeds $2,500.
In
newly constructed or completely rebuilt buildings, many developers take advantage
of the City's 421a and J-51 tax exemption programs. In return for the tax
exemption, the developer/owner of the building must maintain the units under
rent stabilization for the period of the tax exemption, which usually runs
10 to 20 years. More information is available in the 421a/J-51
FAQ section. In the case of new construction, the fact that the rent
is over $2,000 does not affect the apartment's stabilization status.
An
apartment may also remain rent stabilized even if the rent rises above $2,500
while a tenant remains in occupancy. However, when that occurs, the owner
has a right to petition the NY State Division of Housing and Community Renewal
to deregulate the apartment. More information on this can be found in the Decontrol/Destabilization
FAQ section.
Ask
the owner if the building is rent stabilized. If you can't get a straight
answer call the NY State Division of Housing and Community Renewal (718-739-6400),
the agency which administers the rent laws, and ask them if it is, or should
be rent stabilized.
If
the building is rent stabilized, all of your renewal leases are governed
by the lease renewal percentages enacted yearly by the Rent Guidelines Board.
See here for current guidelines.
If your unit is not stabilized, then there are no limits on increases your
landlord can charge when the lease expires.
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What
happens when the rent for my stabilized apartment rises above $2,500?
An
apartment will remain rent stabilized even if the rent rises above $2,500
while a tenant remains in occupancy and household income is less than $200,000
for the two previous years. However, as the rent reaches $2,500 or more,
the owner has a right to petition the NY State Division of Housing and Community
Renewal to deregulate the apartment. Complete information on this can be
found in the Decontrol/Destabilization FAQ
section.
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How
can I find out if my apartment is stabilized?
Call
the NY State Division of Housing and Community Renewal (DHCR), the state
agency which administers the rent laws (718-739-6400) and
ask if the apartment is (or should be) rent stabilized.
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Can
the management company sell my stabilized apartment?
Since
the management company is trying to sell your apartment, we take it that
the building is a co-op or condominium. After a rent stabilized building
is converted to a co-op or condominium, 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.
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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 a long one that is described in a fact
sheet. In general, if your building has more than 6 units and is not
a condo or co-op, call the NY State Division of Housing and Community Renewal,
the state agency which administers the rent laws, and ask them if your apartment
is (or should be) rent stabilized. They can be reached at 718-739-6400 or
212-961-8930.
Should
my landlord inform me that my unit is stabilized?
First, note that although a BUILDING may be listed on our site as containing
rent stabilized units, not all units in the building are necessarily stabilized.
You should call the NY State Division of Housing and Community Renewal (DHCR),
the state agency which administers the rent laws, to make sure your apartment
is stabilized (718-739-6400).
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 tenant, and includes
the prior rent for the apartment, as well as the reasons the rent was increased.
You can call the DHCR and file a complaint if your landlord did not provide
the Rider. While the DHCR will not reduce your rent if the Rider was not
attached to your lease, it will require your landlord to provide a copy of
the Rider to you. For more information, see the fact
sheet on the Rider.
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Disclaimer: By
providing answers to frequently asked questions, the staff of the
Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
RGB Page Updated 8/10/2012
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