Restrictions that Govern the Amount of Rent a Landlord Can Charge and Other Tenant Protections
In most cities and towns in New York State, a Landlord can charge anything he or she wants to rent an apartment to you. There are some places in New York State that place limits, by law, on what a landlord can charge in certain buildings in those locations. Those restrictions can also impose a duty on the landlord to renew your lease when the term ends. This section helps describe some of those restrictions and where in New York State they can apply.
Rent control and rent stabilization are the two types of rent regulation in New York State. If an apartment is not covered by one of these regulations, it is considered "unregulated." Some apartments may fall under more than one category.
This Question-and-Answer Dialogue will help you understand the laws that govern the amount of rent a landlord can charge.
The first limit on what a landlord can charge in rent is the amount for rent that is stated in the lease agreement between the tenant and the landlord. You should not have to pay more than the lease amount. When the term of the lease ends, in most cities and towns in New York State, the landlord can seek to increase the rent if you want to renew the lease, and you can only renew the lease with the landlord’s consent. There are places in New York State where there are limits on the amount of rent a landlord can charge in certain buildings in those cities and towns. Keep reading for more details on where these restrictions apply.
Rent control limits the rent an owner can charge for an apartment and restricts the right of the owner to evict tenants. The rent control program applies to apartment buildings built before February, 1947, in municipalities that have not declared an end to the postwar rental housing emergency. Several municipalities in New York State still have rent control, including New York City, Albany, Erie, Nassau and Westchester counties.
Generally, in New York City, apartments are under rent stabilization if they are in buildings of six or more units built between February 1, 1947 and December 31, 1973. Tenants in buildings built before February 1, 1947, 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 on or after January 1, 1974 with special tax benefits. Outside New York City, rent stabilized apartments are generally found in buildings with six or more apartments that were built before January 1, 1974, in localities that have adopted the law. Such localities can be found mostly in Nassau, Westchester and Rockland counties
Local Rent Guidelines Boards in New York City, Nassau, Rockland and Westchester counties set maximum rates for rent increases once a year which are effective for one or two year leases beginning on or after October 1st each year. Tenants in rent stabilized apartments are entitled to receive required essential services and to have their leases renewed, and may not be evicted except on grounds allowed by law.
In New York City, each rent controlled apartment has a maximum base rent that is adjusted every two years to reflect changes in operating costs. Tenants can challenge increases if:
- the rent being charged by the landlord is more than the legal regulated rent,
- the building has housing code violations,
- the owner’s expenses do not justify an increase, or
- the owner is not maintaining essential services.
To find out whether or not an apartment is regulated, contact the New York State Homes and Community Renewal (HCR).
You can contact the New York State Homes and Community Renewal (DHCR) to find out if you are covered by Rent Control or Rent Stabilization and that agency can assist you in determining what your rent should be.
- NYC rent guidelines board
- NYC.gov – Rules and Regulations
- New York Rent Laws