Rent stabilization protects roughly one million NYC apartments. If your building was built before 1974 and has six or more units, it may be rent-stabilized. These protections limit how much your landlord can raise rent and give you strong renewal rights.
Rent stabilization is a system that limits rent increases and provides tenants with renewal rights. The Rent Guidelines Board sets maximum annual increases for one- and two-year lease renewals. Your landlord cannot charge more than the legal regulated rent and must register your apartment with DHCR (Division of Housing and Community Renewal).
Request your apartment's rent history from DHCR by filing a request online or by mail. You can also check your lease — rent-stabilized leases include a rent stabilization rider. Your landlord is required to provide this rider with every lease and renewal. If you suspect your apartment should be stabilized but isn't, you can file an overcharge complaint.
Your landlord must offer you a renewal lease 90 to 150 days before your current lease expires. You have 60 days to accept it. You can choose between a one-year or two-year renewal. Your landlord cannot refuse to renew your lease except under very limited circumstances (like owner occupancy for primary residence use), and even then must follow strict procedures.
If the tenant of record in a rent-stabilized apartment dies or permanently leaves, family members who have lived in the apartment as a primary residence for at least two years (one year for seniors and disabled individuals) have the right to take over the lease. This applies to spouses, children, parents, siblings, and other family members recognized under NYC law.
If your landlord charges less than the legal regulated rent, the lower amount is called preferential rent. Under current law, if you received preferential rent, future increases are based on that preferential amount — not the higher legal rent. This protection was strengthened by the Housing Stability and Tenant Protection Act of 2019.
5 questions answered
Request your apartment's rent history from DHCR at hcr.ny.gov or by calling (718) 739-6400. Your lease should also include a rent stabilization rider. Buildings built before 1974 with 6+ units are often stabilized.
No — for rent-stabilized units, landlords can only raise rent by the percentages set annually by the NYC Rent Guidelines Board. Individual Apartment Improvements (IAIs) may allow limited additional increases, but these are strictly regulated.
File a complaint with DHCR. You may be entitled to a rent overcharge refund going back up to 6 years, plus treble (triple) damages if the overcharge was willful. An attorney or Met Council can help you file.
You have 60 days to accept a renewal offer after your landlord sends it. You can choose a 1-year or 2-year term. Your landlord must send the offer 90–150 days before your lease expires.
Since the Housing Stability and Tenant Protection Act of 2019, apartments can no longer be deregulated through vacancy decontrol or luxury deregulation. Your unit should remain stabilized as long as the building qualifies.
This guide is for informational purposes only and is not legal advice. For advice specific to your situation, contact a qualified attorney or one of the free legal services listed above.