6 RENT STABILIZED UNIT

A building may be rent stabilized if it was built before 1974, has 6 or more units, and the rent is under $2,700. If this is the case, make sure to ask if your landlord if your apartment is rent stabilized at lease signing. While there are many exceptions, these are some basic criteria.

You can check your address to see if your building has been registered with the New York State Division of Housing and Community Renewal (DHCR) using the Am I Rent Stabilized website. While this is a good method, however, keep in mind that the website may not always be accurate because of how that information is gathered and the process by which units are deregulated. Just because a building has regulated units, does not mean that all the units in the building are rent regulated.

Am I Rent Stabilized?

Rent History. That is why it is a good idea to check your units rent history, since rent regulation status will be filed there every year. You have the right to know if your apartment unit is stabilized and are entitled to the benefits that accompany rent regulation. You can always verify your unit's rent regulation status by checking with the DHCR. They can be reached at (718) 739-6400 or you can contact your local DHCR office.

Also, you can request your rent history, which should tell you if you are rent stabilized. Simply fill out the form and the DHCR will send that unit’s rent history to the unit’s address. These two websites will help you. The Tenant Protection Unit will walk you through the various options for requesting a rent history. The online contact form is the easiest method.

Tenant Protection Unit

Online Contact Form

2 WHAT TO EXPECT IN A LEASE

With some exceptions (see below), landlords may rent to someone on any terms as long as they are agreed upon by both parties. Therefore, when reading a lease there are a few things that are important to look for in a lease. The lease should:

• use common words that have clear meanings

• be clear and coherent

• have sections large enough to read

• identify the unit that will be rented and its location

• name the parties (who is the landlord and who is the tenant)

• state the addresses of each party

• state the amount of rent and when it is due

• specify the length of the lease

• state the rights and obligations of each party involved

Also, any changes made to the lease should be initialed by both parties.

ILLEGAL PROVISIONS

There are certain sections that are not legally binding or enforceable, even if agreed on by both parties. So, if a landlord includes them in the lease, they aren’t enforceable. Some examples include:

1. Any language that waves a tenant's right to a jury trial in a lawsuit brought by either them or the landlord regarding personal injury or property damage. If either party sues the other for property damage or personal injury, each have the right to request a trial by jury. The one section commonly seen in the lease waves the right to a jury trial regarding any legal action concerned the terms of the lease.

2. Any language that requires the tenant to pledge their furniture as security for rent. It is common for landlords to ask tenants for a security deposit to hold the unit, usually equal to a month's rent. The landlord cannot ask the tenant to pledge their furniture instead.

3. Any language that exempt the landlord from responsibility for injuries or property caused by either their negligence or of someone acting on their behalf. In other words, they are responsible for any damage to you or your property if the cause is a result of their carelessness or failure to fix something.

Be sure to discuss any of these issues with a lawyer. For more information, see page 3 of Tenants Right’s Guide

28 WINDOW GUARDS

Window guards are devices that can be attached to the bottom of a window in order to prevent young children from falling.

Landlords in New York City have an obligation to install window guards on all windows except those giving access to fire escapes when children under 10 years of age are present. Tenants have to notify the landlord if a child under 10 is present and landlords must provide tenants with a form to request installation. Once installed, the tenant must not tamper with or remove.

For more information, see pages 22 and 23 of the Tenants’ Rights Guide.

27 THE PETS CLAUSE

Tenants may keep pets in their unit unless other specified against doing so in their lease. Landlords can evict tenants who violate their lease by having a pet. Since, for example, this lease specifies that pets are not permitted, tenants cannot keep pets in their unit.

However, in New York City and Westchester County, the no-pet clause is waived if it can be demonstrated that another tenant has "openly and notoriously" kept a pet to the landlord or their agent's knowledge for more than three months.

For more information, see page 27 of the Tenants’ Rights Guide.

26 GUARANTOR

A guarantor is someone who pledges their assets or services if the original lease signer defaults on a rent payment. In other words, they serve as a co-signer on the lease. This is done as an added layer of security for the landlord, and is a fairly common practice. If the original renter misses a payment, the landlord has the legal right to pursue payment from the guarantor instead.

A guarantor is usually requested by a landlord when the income (or combined income in the case of multiple people on the lease) is less than 40-45 times the monthly rent.

For example, if the monthly rent for a two-bedroom unit is $1,500, then the combined income or the two tenants appearing on the lease must be between $60,000 and $67,500, depending on which multiplier is used. If there is only one tenant on the lease, the tenant's income would need to be between $60,000 and $67,500.

This article provides a good overview of issues related to signing a lease with a guarantor:

25 SUCCESSION RIGHTS

Generally, family members living with the primary resident (the tenant that is named on the lease) have a legal right to succeed the primary resident on the lease if that tenant dies or vacates the unit.

A family member is defined as a spouse, children or stepchildren, brothers and sisters, parents and step-parents, grandparents and grandchildren, as well as in-laws. Family member status can also be extended to someone who can prove they provide emotional or financial support to the tenant and establish interdependence (that they and the tenant depend on each other).

There are some minimum residency requirements, however. The rights of succession will not be granted to the family member if they have not continually lived with the primary resident continually for at least two years (one year in the case of disabled persons or senior citizens). Exceptions are made if the family member's tenure is broken by military service, they are enrolled as a full-time student, or if they are hospitalized, for example.

For more information, see pages 12 and 13 of the Tenants’ Rights Guide.

24 MAJOR CAPITAL IMPROVEMENTS (MCI)

A major capital improvement (MCI) is a when a landlord makes an improvement to the building that benefits all residents. Repairs do not qualify as MCIs. For example, a new boiler or a new roof are MCIs, but a simply repairing the roof does not count.

As a result of an MCI, and pending Division of Housing and Community Renewal approval, landlords can add the costs of an MCI into rent increases for unit in the apartment. For rent stabilized units, increases may not exceed 6 percent of the tenant's rent in NYC and 15 percent outside of NYC.

Landlords of rent controlled units must obtain an order from the Division of Homes and Community Renewal (DHCR), while landlords of rent stabilized units do not. There is a bit of a gray area to be aware of, however. While the requirements are different for landlords of rent controlled units, landlords of rent stabilized units need only written consent from the tenant to make the improvements, and do not need an order by DHCR to add in the rent increases.

Landlords of buildings that have more than 35 units may charge tenants 1/60th of the cost of the improvement, while landlords of units with less than 35 units may only charge 1/40 of the cost of the improvement. For rent stabilized units, increases may not exceed 6 percent of the tenant's rent in NYC and 15 percent of units located outside of NYC.

Large increases must be phased in over multiple years. For example, if the landlord has an MCI that warrants an 18 percent increase in rent, those rent increases must be phased in over 3 years—or 6 percent each year. There is no limit on the number of MCIs that a landlord can submit, but tenants have the right to dispute any MCIs that are made by the landlord. More information about MCIs can be found on Fact Sheet #24.

See also pages 6 and 7 of the Tenants’ Rights Guide.

Difference from IAIs. It is important to know that MCIs differ from IAIs (individual apartment improvements). IAIs are improvements made only to individual apartments. While many of the rent increase rules are the same as MCIs, IAIs do not have to be approved by DHCR and therefore are not necessarily disclosed. This is important because there is no way to verify if the improvements have actually been made. They may appear on a rent history, but unlike MCIs there is no record with DHCR of having been completed or for what they were. Often times, landlords will claim IAIs as a way to increase rents and move them beyond the deregulation threshold.

23 RIGHT TO A JURY TRIAL

This section in the lease waives the right to a jury trial for either party in legal disputes related to this lease. In other words, both parties waive the right to a jury trial if there is a dispute over sections of this lease. Specifically, this means that any dispute about elements of this lease will be heard and decided by a judge, in what is called a bench trial.

This does not, however, waive the rights to a jury trial for a lawsuit brought by either the landlord or the tenant for matters regarding personal injury or property damage. Any lease that waives these rights is void, that means unenforceable and not legally binding.

For more information, see page 4 of the Tenant’s Rights Guide.

22 FIRE OR CASUALTY

In the event of a fire or an accident in which someone dies, the landlord is responsible to repair the unit to its prior level of habitability within 30 days of the incident.

If the apartment is unusable and the landlord fails to make the proper repairs within 30 days, the tenant may decide to give the landlord notice. The lease will be considered terminated as of the day of the incident.

If the unit is unusable, the landlord may decide to tear down the unit or repair it substantially. In this case the landlord my exercise the right to terminate the lease. This decision must be made within 30 days of the incident and the lease will end 60 days from when the tenant was given notice.

21 PERSONAL INJURY OR PROPERTY DAMAGE

This section in clarifies the landlord's responsibilities in respect to personal property.

1. The landlord is not responsible for damage to your property or for any personal injury unless it can be proven that it was as result of their failure to address the issue the caused it. For example, the landlord is not responsible for you a pipe breaking and flooding your apartment unless the pipe broke as a result of their failure to address needed repairs.

2. The landlord is not responsible for accidental injury that occurs within the property or if you are the victim of theft.

3. The landlord is not responsible for damaged property that is delivered received by landlord or one of their employees. For example, they are not responsible if they receive a damaged item in the mail for you.

4. The landlord is not responsible for any property or personal injury if the injury or damage was caused by your actions. For example, if the unit floods as a result of alterations you made to the unit, the landlord is not responsible.

5. Additionally, the landlord is not responsible for any inconveniences or interferences caused by construction or for anything that is related to other buildings or property that is not owned by the landlord.

19 ASSIGNING A LEASE

The primary resident assigns the lease to another when they are transfer the entire interest of the unit to someone else and permanently vacate the premises. This means they will have no future rights, interests, or claims to the unit. Essentially, they are giving up the apartment.

This can only be done with the written consent of the landlord, who may refuse for any reason or no reason at all. If the landlord's refusal is found to be unreasonable, the tenant is entitled to be released within 30 days of the date from which the request was originally submitted to the landlord.

For more information, see pages 11 and 12 of the Tenants’ Rights Guide.

20 SUBLETTING

Subletting refers to when a tenant temporarily leaves the unit and transfers their legal interest in the unit to another, temporarily. Subletting differs from assigning because it refers to only temporary leave, while assigning is permanent.

The landlord cannot prevent the tenant from subletting; it is a right that tenants have. Any such effort is void as a matter of public policy. The tenant must notify the landlord in writing of any attempt to sublet the unit. The landlord can either consent or deny that request. If the landlord denies on unreasonable grounds, the tenant can sublet anyways. In the event of an ensuing legal battle, the tenant can re-claim legal fees if they win the case.

If the landlord consents, the tenant may sublet, but remains liable for current and all future monthly rent payments.

The tenant cannot charge the sub-tenant more than the unit's monthly rent, the terms of the sublease cannot supersede those of the primary lease, the tenant cannot sublease the apartment for a period of time that extends beyond those specified in the original lease, and the tenant cannot sublet the unit for more than two years within any four year period. Additionally, the unit must remain the tenant's primary residence and they must demonstrate their intent to occupy the unit at the end of the sublease.

For more information, see pages 10-12 of the Tenants’ Rights Guide.

18 APARTMENT SHARING

The tenant has the right to share the unit with immediate family, one additional occupant, and that occupant's dependent children. However, the tenant of record or their spouse must occupy the unit as their primary residence.

In the case where the lease names more than one tenant, these tenants may share the unit with their immediate families. If one tenant moves out, he or she may be replaced with another occupant and their children. At least one of the tenants named on the lease or their spouse must use the unit as their primary residence.

However, landlords have the right to limit the total number of people living in the unit to comply with legal overcrowding standards. This is generally used as a way for landlords to prevent tenants from abusing this right or living in overcrowded (and therefore dangerous) living arrangements.

For more information, see page 12 of the Tenants’ Rights Guide.

17 A RIGHT TO PRIVACY

Tenants have a right to privacy in their apartments. However, under certain conditions, the landlord has the right to enter the apartment if they provide reasonable notice, do so during a reasonable hour, and have the tenant's consent. If the tenant unreasonably denies entry into the apartment, the landlord can seek a court order that will permit entry. In case of emergency, such as a fire, water leak, or life-threatening emergency, the landlord may enter without prior consent or notice.

For more information, see page 25 of the Tenants’ Rights Guide.

16 SERVICE DISRUPTION

The landlord must continually provide heat (during heating season) and hot water (all year). If a landlord fails to pay for either, the utility company must notify tenants and certain government agencies in writing before they stop utility service. The tenant has the right to pay the utility bills directly, in which case the utility service cannot be stopped.

The same applies for buildings that are oil-heated. If the landlord fails to pay the oil supplier, the tenant can contract directly with an oil supplier to ensure ample oil supply. Any payments made directly to an oil supplier or a utility company can be deducted from the rent.

For more information, see page 24 of the Tenants’ Rights Guide.

14 HOT WATER

The landlord must provide tenants with hot and cold water. Hot water must register at a temperature of 120 degrees Fahrenheit at the tap. If the utilities are equipped with an anti-scalding device, which prevents tenants from burning themselves, the minimum temperature at the tap must be 110 degrees Fahrenheit.

For more information, see pages 23 and 24 of the Tenants’ Rights Guide.

15 HEATING SEASON

There are specific requirements as to when the landlord must provide heating services.

Between October 1 and May 31, if between 6am and 10pm the outside temperature falls below 55 degrees Fahrenheit the temperature inside the apartment must be 68 degrees Fahrenheit.

Between 10pm and 6am regardless of the temperature outside, the unit must be heated to at least 62 degrees Fahrenheit.

The tenant also has the right to request a summary of the landlord's past two years of bill payment for heating.

For more information, see page 23 of the Tenants’ Rights Guide.

13 WARRANTY OF HABITABILITY

The warrant of habitability is a basic tenant right that ensures tenants have a safe, sanitary, livable apartment. It is implied in any written and even in any oral agreement. Any lease that waves this right is void because it is not a right that can be waived.

Examples of a breach of a warranty of habitability include a failure of the landlord to clear an apartment of an insect infestation or a failure to provide heat or hot water on a regular basis. This also applied to public areas surrounding the building. If the inhabitable condition is a result of the actions of the tenant or one of their guests, this does not constitute a breach of the warranty of habitability and it is the tenant's responsibility to remedy the condition.

For more information, see page 17 of the Tenants’ Rights Guide

12 SECURITY DEPOSITS It is common for a landlord to require a security deposit, due at lease signing that is equal to one month's rent. If there is an allowable rent increase on a lease renewal, the landlord is entitled to collect additional money from the tenant that equals the increase. The money that will be collected is the difference in what of what has already been collected and what the new rent will be. So, for example, if rent went up from $1,500 to $1,550 a month, the landlord can collect $50 more dollars at the lease renewal signing to cover the new security deposit.

Security deposits are treated as a trust funds belonging to the tenants. This means they should be deposited into a bank account that is separate from the landlord's bank account or personal money. The landlord is entitled up to 1 percent of any interest that is earned on the security deposit. The rest is owed to the tenant.

For example, a security deposit of $1,000 is deposited into a bank that will pay an interest rate of 1.5%. After one year, the security deposit will have generated $15.00 from interest. The landlord is entitled to keep $10.00 (1 % of the deposit) as an administrative fee and the remaining $5.00 goes to the tenant.

The tenant has the right to receive their share of the interest earned on the security deposit annually, at the end of each lease term, or it can be applied to rent.

If a rent stabilized building is sold, the landlord must either transfer the security deposits to the new landlord or return the security deposits to the tenant 5 days after the sale. However, the responsibility falls on the purchaser to return the security deposit regardless if the security deposit has been received or returned to the new landlord.

For more information, see pages 8 and 9 of the Tenants’ Rights Guide.

11 RENT INCREASE EXEMPTIONS

There are certain populations that may be exempt from rent increases. Tenants who are senior citizens (62 years or older) or disabled may be granted certain exemptions from rent increases. In order to satisfy the income eligibility requirement, the senior's household income must be $50,000 or less.

Tenants may determine whether they qualify for a Senior Citizen Rent Increase Exemption (SCRIE) or a Disability Rent Increase Exemption (DRIE) by calling the Division of Housing and Community Renewal’s (DHCR) Rent Info Line at (718) 739-6400. More information about each program can be found, here:

Senior Citizen Rent Increase Exemption (SCRIE)

Disability Rent Increase Exemption (DRIE)

10 REASONS FOR RENT DESTABILIZATION There are many reasons why a rent stabilized unit would be de-regulated, that is, it would be removed from rent regulation laws, rent increases would no longer be regulated, and tenants would lose many other benefits as well. While there are several and some exceptions, here are three of the most common.

(1) Expiration of J-51 or 421-a Tax Abatements

(2) Conversion to a co-op

(3) High rent vacancy deregulation

(1) Expiration of J-51 or 421-a Tax Abatements. In exchange for applying rent regulation benefits to their building or some of its units, the city offers tax abatements to landlords that reduce the amount of property tax they have to pay on the property that they own. There are two types of tax abatements that landlords can receive if they apply for them, J-51 or 421-a. One of these abatements applies to either fully rehabilitated or converted units, while the other applied to only newly constructed units.

J-51. Is only for units that have either been fully rehabilitated or converted from another use, like if a unit was used as an office space and now it’s someone’s apartment. Knowing the rent regulation status before the J-51 tax abatement was used by the landlord is important, because not all expirations of J-51 tax abatements impact rent regulation status. For example, if the unit was regulated before the J-51 tax benefits were applied, then the unit will remain rent regulated even when the tax benefits expire for the landlord.

However, if the unit became rent regulated because the landlord took the J-51 tax abatement, then it is likely that the unit would no longer be rent regulated when the J-51 tax abatements ends. However, this depends on whether or not the landlord gave you proper notice. Proper notice means that the landlord included a notice in 12-point font in the original lease and all subsequent renewals that stated (1) that the unit could be deregulated when the tax abatement benefits expired and (2) included the approximate date when rent regulation coverage would expire. If the original lease and the subsequent renewals do not have such a notice, the tenant has grounds to keep the unit rent regulated even after the tax benefits expire for the landlord.

421-a. These tax abatements apply only to newly constructed units. If the units were constructed after July 1, 1984, then the rent regulation status expires when the tax abatement expire, as long as the lease and all renewals have proper notices. If your lease extends beyond the date when abatements expire, deregulation takes affect when the last lease that was signed expires.

However, if the units were constructed before July 1, 1984, the units remain rent stabilized even after the 421-a tax abatement expires until the current tenant leaves. Once they leave, the rent regulated status of the unit expires. So, for example, if you are living in a unit that was constructed before July 1, 1984 and the 421-a tax abatement expires, your unit remains regulated only until you leave the unit.

You can call the Department of Housing, Preservation, and Development (HPD) at 212-863-5517 (J-51) or 212-863-5421 (421-a) to find out if your building is a part of either of these programs. Additionally, for more information about the Tax Incentive Program, visit the Housing Preservation and Development webpage..

(2) Conversion to a co-op or a condominium. When a rent regulated unit is converted to a co-op or condominium, there are often two possible scenarios: either (1) tenants have the option to purchase the unit themselves and either stay there or rent it out to someone else, or (2) someone else buys the unit. If someone else buys the unit, the buyer or landlord can either (1) let the current tenant stay in their rent regulated unit or (2) they can evict them.

Under an eviction plan, tenants cannot be evicted by the purchaser of a co-op or a condominium unit for a minimum of three years after the eviction plan goes into effect. If their lease expires before the three years is up, they are offered another lease that will end when the minimum three years are up. The new lease must be under the same terms as their original lease as rent regulated tenant. Under a non-eviction plan, tenants cannot be evicted and are will remain in their units as rent regulated tenants. For more information, see the Coop/Condo Conversion Handbook.

(3) High-Rent-Vacancy and High-Rent High-Income Deregulation. There are two types of high-rent deregulations: vacancy and high income.

High-Rent Vacancy deregulation occurs when a unit exceeds its legal monthly rent threshold (as of 2015 it is now $2,700). When exactly the deregulation applies is subject to some debate. Previously, if the high rent threshold is reached during vacancy, it would be deregulated before a new lease was extended to a new tenant. However, the Altman Ruling has challenged that interpretation. Specifically, it says that the deregulation threshold must be reached when the unit is occupied, and then it becomes when the current resident leaves and a new lease is extended to a new tenant. As of October 2017, the Altman Ruling interpretation is being used by many to argue for improper deregulation of rent regulated apartments; however, it is still unclear how long this ruling can be used in court because there is a pending appeal that could over-rule that interpretation, which is more favorable to tenants, in favor of a ruling that is allows for vacancy deregulation.

This is an important distinction because of two ways that landlords can legally raise rents in rent regulated apartments aside from the allowable rent increases allowed by the Rent Guideline Board. First, is what is called a vacancy increase. This is an increase in rent in between tenants, that is, when one tenant leaves a unit and another moves in, the landlord is allowed to charge a vacancy increase. These vary depending on the length of lease that the new tenant chosen for their lease, but are usually somewhere between an16 and 20 percent increase—which can add up. Second, landlords can pass off costs of improvements that they have made either to the building (Major Capital Improvements) or the apartment (Individual Apartment Improvements). Combining these two increases, landlords often claim” to have reached the deregulation threshold, and therefore deregulate the apartment. Since there is little regulation or verification, many rent regulated apartments in New York City are often illegally deregulated.

High-Rent High-Income refers to when the landlord can establish that the tenants living in the apartment have a total annual federal adjusted gross income that exceeds $200,000 for each of the preceding two calendar years. If this the case, then the unit is eligible for permanent deregulation.

For more information, take a look at Fact Sheet #26.

9 PREFERENTIAL RENTS

One thing to be aware of is something called a "preferential rent." This is when a landlord charges a rent that is less than the established legal regulated rent. Although landlords are obligated to register the "legal regulated rent" with the New York State Division of Homes and Community Renewal (DHCR), they can charge a lower rent if they desire.

There are several reasons that a landlord might charge a preferential rent: (1) as a favor for something you did for the landlord, (2) so they could qualify for a specific program that has a mandatory rent cap, or (3) because your landlord did not think they could find someone willing to pay the legal maximum rent.

There might be other reasons as well. Many housing advocates and tenant organizers are finding that preferential rents are being used to either cover fraudulent "legal" rents or as a strategy to force out tenants to bring in new ones that can pay higher rents.

Fraudulent Rents. If a building or individual units are rent-regulated, landlords are required by the rent regulation law to register them with the DHCR. Each year, they have to update the legal rent that they charge their tenants. However, since DHCR does not verify each individual rent registration, only investigates tenant requested inquiries into fraudulent legal rents, and there is a four-year statute of limitations on auditing alleged fraudulent rents, it is easy and very common for landlords to registered rents that are significantly higher than what they legally should be. In doing this, they can more quickly reach the rent deregulation threshold which would remove the building or units from rent regulation. The combination of a lack of oversight, little knowledge about rent histories, and the statute of limitations on examining these cases enables landlords to systematically deregulate buildings and shirk the rent-regulated housing stock under the façade of legality.

Raising Rents. The other common reason that preferential rents are used is to be able to dramatically raise rents when a tenant renews their contract in the hopes that they will decide to move out and will be replaced by someone who can pay a higher rent according to the legal “allowable” rent that they have been registering with the DHCR. It is not uncommon for the difference in preferential versus legal rents to be as much as double, or more. So imagine if you usually pay a preferential $1,200 in rent, but the your legal allowable (or what has been registered with DHCR) is $2,700. That’s a $1,500 increase in rent each month that most people cannot pay.

When this occurs, it is important to request what is called a rent history. You can request that the DHCR send you the rent history for your unit, which shows both the legal and preferential rents that the landlord has been claiming every year. Knowing your rent history is an important step in being able to challenge fraudulent legal rents and to protect yourself against big rent hikes.

Things to keep in mind. If the preferential rent was not disclosed on the original lease agreement or any subsequent renewals, then the rent you pay is the only rent the landlord can charge you.

If you challenge the legal rent history that a landlord claims and the rent immediately preceding the year before was preferential, DHCR will invest that rent even if it is beyond the four-year statute of limitations.

Preferential rents also affect how much a much a landlord can charge on a vacancy rent increase. According to the Rent Act of 2015, if a vacating tenant was paying a preferential rent, the rent increases offered on the lease to a new tenant are limited to 5% if the previous vacancy lease commenced less than two years ago, 10% if less than three years ago, 15% if less than four years ago and 20% if four or more years ago. So, for example, if a tenant moves in in 2010 and pays a preferential lease and then moves out in 2013, the landlord can only raise the rent on the legal rent 15% instead of the normal rate.

See the following two links for more information on preferential rents.

Fact Sheet 40: Preferential Rents

Met Council on Preferential Rents

8 RENT HISTORY

As a rent stabilized tenant, you are entitled to know your rent history. You can access this information in several ways:

(1) fill out the online contact form (see below for link) (2) calling the Rent Info Hotline (3) visiting your Borough or district office in person (4) requesting your records via mail

The Tenant Protection Unit’s website outlines how to access these records and what you will need to do so. Filling out the online contact form is the easiest method.

Tenant Protection Unit

Online Contact Form

You can also use the Am I Rent Stabilized website to see if your building has been listed as having filed records about rent regulation in the years since 1984. This method, however, is less reliable and only lists the building, not the unit that is under rent regulation. It is important to remember that not every unit in a building is necessarily rent regulated.

Am I Rent Stabilized?

You can also look at the most current files that the Division of Housing and Community Renewal keeps.

7 RENT CHARGES

One of the benefits of living in a rent-regulated unit is that the initial rent and any rent increases on renewal leases are set by rent regulation laws decided every year by the Rent Guidelines Board.

If the unit is not rent-regulated, the landlord is free to charge any rent that a tenant will agree to pay.

RENT INCREASES

In units that are not rent regulated, the landlord can only charge as much as the tenant is willing to pay. The amount is negotiated with every lease renewal.

In rent regulated units, the landlord is only able to charge up to the amount set by the Rent Guidelines Board, which meets every summer to decide rates for the coming year. Information about rent increases can be found here and on Fact Sheet #26

A history of allowable rent increases through 2018 can be found here.

Additionally, tenants have the right to challenge rent increases that they believe to be unfair up to four years after the increase went into effect. For more information, see pages 6 and 7 of the Tenants’ Rights Guide.

5 LEASE RENEWAL

Non rent regulated tenants have fewer rights and protections than do tenants living in a rent regulated unit.

Landlords of tenants living in non-rent regulated units must agree to renew the lease at the end of the lease term. If they decide not to, the tenant must leave when the lease expires or face eviction. However, leases do sometimes contain automatic renewal clauses. In this case, landlords must notify tenants an additional 15-30 days in advance of the deadline that the tenants have to notify the landlord of their intent to not renew the lease. In other words, if the lease contains an automatic renewal clause, the landlord must give the tenant an extra 15-30 days’ notice.

Landlords of renters living in a rent regulated apartment are obligated by law to give tenants the option to renew their lease, either for one year or two. This is one of the most powerful rights that rent regulated tenants have. There are some exceptions, like if the landlord can demonstrate that the tenant does not use the unit as their primary residence or they have violated the lease in some way. However, generally tenants are given the option to renew the lease under the same terms. Any rent increases must follow the legal allowable increases specified by the rent guidelines boards. A history of allowable rent increases can be found online.

History of Allowable Rent Increases Chart through 2018

2018 and Prior Two Years

The landlord must give the tenant written notice of their right to renew between 150 and 90 days of the expiration of the lease. The tenant has 60 days from when they were given the notice to renew. If the tenant does not accept, the landlord can seek eviction proceedings. If the tenant accepts, the landlord has 30 days to return the signed lease. No increases are required to be paid until the signed lease has been returned to the tenant.

IMPORTANT CONSIDERATIONS

If you have any questions, you should consult a lawyer because there are a number of exceptions.

1. If you have not received a lease renewal from the landlord, it is recommended that you contact the landlord immediately, ask for a lease, and notify them of their desire to stay.

Additionally, if you have not received the lease renewal during the proper time frame (90 to 150 days before the end of the lease), it is recommended that you contact the Division of Housing and Community Renewal (DHCR), which is the state agency that administers rent regulations. They can be reached at (718) 739-6400. You might also want to fill out "Tenant's Complaint of Owner's Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease.".

Filing a complaint is an important step in demonstrating your compliance with rent regulation and could be useful in defending your actions in court, if necessary.

1. Since, the landlord of a rent stabilized apartment has the right to evict a tenant that did not return the lease renew option within 60 days of receiving it, it is important to return you lease renewal promptly. However, if the landlord was late in sending the tenant the lease renewal (they did not send the lease renewal between 150 and 90 days before the end of the lease), that fact can be used in tenant's defense if eviction proceedings are initiated by the landlord.

4 RIGHTS TO REPRESENTATION

In the late summer of 2017, Mayor Bill de Blasio signed into law Intro 214, which is a law that guarantees the right to counsel for tenants facing eviction in housing court. Specifically, New York City will provide legal representation for families making 200% of the poverty line or below—that means anyone making two times the poverty line or below will be ensured legal representation in housing court. Here is a link to the 2017 Federal Poverty Guidelines

How this will all work is still being figured out. Both these organizations have a bit more information on this.

Housing Court Answers

Right to Counsel Coalition

Here are some links for more information about places to look for legal assistance:

Rent Guidelines Board

The Legal Aid Society

Legal Services NYC

New York Legal Assistance Group

3 PERSONAL PROTECTIONS

Tenants have several protections in to protect them individually. Here is a list of some of them:

The Right to Organize: Tenants have a right to organize, and a landlord cannot prevent them from doing so in any way. In fact, landlord must allow any tenant organization access to any common space in the building for meeting purposes, and cannot charge them a fee. Tenant meetings just need to take place at reasonable hours and be peaceful.

The Right to Privacy: Tenants have a right to privacy in their apartments. However, under certain conditions, the landlord has the right to enter the apartment if they provide reasonable notice, do so during a reasonable hour, and have the tenant's consent. If the tenant unreasonably denies entry into the apartment, the landlord can seek a court order that will allow them to enter. In cases of emergency, such as a fire, water leak, or life-threatening emergency, the landlord may enter without prior consent or notice.

The Right to Freedom from Harassment and Retaliation Harassment: Landlords cannot harass tenants who exercise their rights. Harassment can take many forms: physical or verbal abuse, denial of services, or multiple instances of nonsensical litigation. If a landlord lies or deliberately misrepresents the law to a tenant, this may also constitute harassment. Tenants who have been the subject of harassment should contact the Division of Housing and Community Renewal. Landlords found guilty of harassment are potentially subject to fines.

Retaliation: Landlords cannot retaliate against tenants who exercise their rights. Some examples of retaliation might include a landlord trying to evict a tenant who is a part of a tenant’s rights organization or who has filed legitimate complaints against the landlord. Another common example is shutting off utilities are hot water, even though doing so is illegal. If a tenant suspects they are the victim of retaliation, they may be able to collect monetary damages from the landlord and should consult a lawyer.

Personal Accommodation for Disabilities: Landlords are required to make specific, yet reasonable accommodations for tenants with disabilities. A reasonable accommodation is one that either requires a change in policy or rules associated with the lease agreement or does not impose high costs on the landlord. Some examples may include allowing a tenant to have a guide dog despite a “no pets” policy or allowing for structural modifications like building a ramp or installing grab bars in the bathroom. However, the tenant will have to pay for the structural modifications themselves.

For more information, see pages 24-27 of The Tenant’s Rights Guide

1 RENT STABILIZED TENANTS RIDER

If your unit is rent stabilized, the landlord must attach a "New York City Lease Rider for Rent Stabilized Tenants". This rider (which is a fancy word for attachment) specifies the prior rent, the reason for a rent increase, and outlines your rights as a tenant. Although landlords are eligible to receive fines for failing to include the rider, it is very common. Be sure to ask if an apartment is rent stabilized before you sign the lease and ask for a rent history.

Here is a copy of what the "New York City Lease Rider for Rent Stabilized Tenants" should look like.

Also, here is a link about obtaining your rent history.

The first option is by far the easiest—you just have to fill out the form.

You can also call the Division of Housing and Community Renewal (DHCR) at this number 718-739-6400, or visit them online here. The DHCR is the organization charged with overseeing rent regulation in the city.