Types of Rental Housing

There are several different types of rental housing in New York. Housing can be rent controlled, which means there are special rules that set limits on the amount of rent that can be charged and that limit the landlord’s ability to evict you. Generally in rent control housing there was an initial lease some time before June, 1971 and there are no renewal leases. You are sometimes called a statutory tenant.

Housing also can be rent stabilized, which means there are special rules that limit the amount of rent a landlord can charge and give you certain other protections. In rent stabilized housing, you typically get an initial one year lease and then renewal lease offers that let you renew for an additional one or two years. A landlord cannot deny you a renewal except in very limited circumstances.

Subsidized housing such as Mitchell Lama gives you protections that have some similarities to rent stabilization. Public housing or Section 8 housing also has many tenant protections.

Housing can also be unregulated, which means that there are no regulations related to the amount of rent that the landlord can charge you, but the landlord must follow certain other laws related to evictions, roommates, subletting, services such as heat and hot water, and discrimination.

Your rights as a tenant will depend on which regulations apply to your apartment, but some apartments come under more than one category. You can find out if your apartment is regulated by contacting the New York State Division of Housing and Community Renewal (DHCR).

Legal Editor: Darryl M. Vernon, December 2014 (updated February 2016)

Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.

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