Rent Stabilization 101��February 13, 2026

PRESENTERS:

XANDER ROOS (THEY/HE), STAFF ATTORNEY, THE LEGAL AID SOCIETY

NAOMI ROSENMOSS (SHE/THEY),STAFF ATTORNEY, THE LEGAL AID SOCIETY

Agenda

• Types of Regulation: Rent Controlled, Rent Stabilized, Good Cause Eviction Law, Unregulated
• Is My Home Rent Stabilized?
• Rights: Right to Renewal, Limited Rent Increases, Right to Enforcement, Rights of Succession, Miscellaneous Rights
• Evictions in Rent-Stabilized Apartments
• Questions

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Types of Regulation: Rent Controlled Units

• Found in buildings built before 1947 with 3 or more units
• Rare form of rent regulation
• Applies to fewer than 20,000 tenants in NYC
• Tenancy began before July 1, 1971 (can include successors)
• Upon vacancy, rent controlled apartments become rent stabilized (if building has 6+ units)
• Landlords required to file with Maximum Base Rent system for increases
• Rent increases are complicated (and sometimes actually higher than for RS units)

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Types of Regulation: Rent Stabilized Units

• Approximately 1 million or 41% of NYC rental housing units are rent stabilized
• Found in buildings built before 1974 with 6 or more units (unfortunately, many units that meet these criteria have been destabilized over the years, as we will discuss)
• Found in some newer buildings that benefit from J-51 or 421(a) tax credit programs (rent-stabilized status will expire with expiration of the program, usually 30 years)
• Other buildings might be stabilized pursuant to “use agreements” between landlord and government (specifics will vary according to the language of the agreement)
• Landlords required to register apartments annually with NYS Department of Homes and Community Renewal (DHCR), which enforces rent regulation laws, MCI’s rent overcharges, etc

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Types of Regulation: Good Cause Eviction Law

• 2024 law that extends protections to previously unregulated units based on the number of units the landlord owns
• Complicated to identify but in general: look for landlords who own 10 or more units within NYC
• Offers certain protections against evictions (“good cause”)
• Provides formula for limiting rent increases
• Adds additional protections for all tenants in the context of eviction proceedings (new notice requirements related to the GCEL)

Types of Regulation: Unregulated

• Very few protections for tenants
• “No grounds holdover” – unless there is an active lease agreement in place, tenants can be evicted at any time, landlord doesn’t need a reason (amount of notice required depends on the length of the tenancy)
• Warranty of Habitability – all tenants are entitled to habitable living conditions, but this may be difficult to enforce in the absence of a right to renewal
• How do we protect tenants and ensure they have a safe place to live? Keep/make as many units regulated as possible!

Is My Home Rent Stabilized?

• Do you get a renewal lease with 1-year or 2-year options?
• Get Your Rent History: You can get the rent history for your apartment from DHCR. You can do this by calling DHCR at (718) 722-4778 and making an appointment at 55 Hanson Place in downtown Brooklyn. Make sure to bring a lease, a utility bill, ID with your address on it, or other documentation that ties you to the apartment. You can also request it online: https://portal.hcr.ny.gov/app/ask
• JustFix - Request your Rent History
• You may need to do some research online (https://whoownswhat.justfix.org/ , https://portal.displacementalert.org/), and you may need to show your rent history to a lawyer to see if there are red flags about the RS status!

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RS Rights: Right to Renewal

• Tenants in rent-stabilized units have a right to renew their lease on the same terms and conditions as the expiring lease
• Choice of 1- or 2-year renewal, with corresponding rent increase based city-wide annual increases (more below)
• Landlords must offer renewal lease 90-150 days before expiration of current lease
• Offer must be made using DHCR’s renewal lease form
• Tenant has 60 days to accept (or reject) the offer by choosing the desired lease term, signing the renewal notice and returning it to the landlord by mail or personal delivery. Owner must sign the offer and return a fully executed copy of the renewal lease to the tenant within 30 days.
• The expiration of a lease is different from its termination.

RS Rights: Limited Rent Increases

• At lease renewal time - rent increases set by the NYC Rent Guidelines Board. Guidelines voted in June and cover October 1 through September 30th
• https://rentguidelinesboard.cityofnewyork.us/
• RGB is 9 people appointed by the NYC mayor. We do not elect them.
• Since 2019: if you have a "preferential rent," this is the base rent for the duration of your tenancy and increase calculations must be based on this. If you move out, next tenant can be charged the legal maximum for the apt.

RS Rights: Limited Rent Increases (cont.)

• Landlords might also try to increase rent based on Major Capital Improvements (MCIs: upgrades to the building) or Individual Apartment Improvements (IAIs: renovations to a specific apt). There are formulas for how much can be added on, and these have changed over time.
• MCIs: if your landlord wants to do this, you should receive documents from DHCR. You can challenge it if they didn't do the work they're claiming, or if they have serious violations for repairs.
• IAIs: landlords usually do this between tenants, but if they want to do it while you're in place, they need your consent. IAIs are not for doing regular repairs, they are for improvements! If you see a large increase in your rent history from before you moved in, it's probably an IAI; you may want to talk to a lawyer.
• Landlords used to increase rents 20% when a tenant moved out and a new one moved in (often called "vacancy bonus"). After 2019 this is no longer allowed.

RS Rights: Right to Enforcement

• When a landlord refuses to make repairs or harasses a tenant (or both), the tenant can sue them in Housing Court in an "HP Action," no matter what type of housing they have.
• Rent Stabilized tenants have the additional option to make a complaint about conditions or harassment to DHCR.
• If DHCR finds that landlord has failed to make repairs, they can issue a "Rent Reduction Order"
• RS tenants can also complain to DHCR about issues with their lease (new lease or renewals), overcharge, or the deregulation of their apartment. Tenants may want to consult a lawyer before starting these processes, especially if they think the landlord might start a Housing Court case against them soon.

RS Rights: Rights of Succession

• Generally speaking, direct family members (parents, children, siblings) have succession rights: when the tenant on the lease passes away or moves out, the family member can take their place as the tenant of record, get a lease with their name.
• Can also be non-traditional family members: romantic partner, cousin, other non-blood-related person with whom you have a family-like relationship, but it may take more work to prove the relationship
• Must live in the apartment with the tenant of record for minimum 2 years before they died/moved out (exception for seniors and babies)
• DHCR succession rights form (use this to inform your landlord that you have a family member living with you who qualifies for succession rights, whenever the time comes): https://hcr.ny.gov/system/files/documents/2021/06/ra-23.5-fillable.pdf

RS Rights: Miscellaneous Rights

• HSTPA limits the rights of landlords to collect late fees, security deposits, legal fees, and other fees or non-rent charges. Also, none of these fees can be collected in housing court!
• Landlords must accept rent subsidies and rent payments from government agencies
• Tenants have the right to sublet their apartments with certain restrictions
• Tenants have the right to have a roommate and do not need the landlord’s permission
• Tenants have the right to have immediate family members live with them
• Tenants may not “overcharge” roommates or subtenants or rent out the apartment via AirBnB while they are not in the apartment
• Tenants might be able to get their rent frozen (SCRIE, DRIE, etc.) if they meet program criteria

Evictions in RS Apartments: Nonpayment

• Nonpayment eviction actions are common – many people fall behind on their rent for one reason or another!
• Tenants have the right to pay the money at any time
• HRA and other sources of arrears assistance are very interested in preserving rent-stabilized tenancies!
• For more info on housing subsidies/arrears assistance: Getting Help with Back Rent [AHTP] - Google Slides

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Evictions in RS Apartments: Holdovers

• Notice to Cure required
• Failure to sign renewal lease
• Nonprimary Residence
• Lease violations (common examples)
• Appliances (landlord’s failure to timely object might constitute waiver of objections)
• Pets (landlord must commence holdover within three months of discovering tenant has a pet or they waive their right to do so)
• Roommates (remember “Roommate Law” allows for roommates)
• Smoking/Noise
• “No Cure” Nuisance Holdovers
• Clutter
• “Chronic Rent Delinquency”
• Neighbor disputes
• Damage to unit/building

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QUESTIONS?