Rent Stabilized Housing

In New York City, rent stabilized apartments are generally those that are located in buildings with six or more apartments, built between February 1, 1947 and December 31, 1973.  There are also two other categories of rent stabilized apartments.  If your building was built before February 1, 1947, and you (or the person who had rights to the apartment before you) moved in after June 30, 1971, it is rent stabilized.  Also, if your building has three or more apartments and was constructed or renovated after January 1, 1974 and was given certain tax benefits, it may be rent stabilized. Renewals are one or two years, at the tenant’s option.

There are local rent guidelines boards that set, each year, the highest amount your rent can be raised.  If you are in a rent stabilized apartment, you have a right to receive certain required necessary services from your landlord.  You also have the right to have your leases renewed, and you cannot be evicted, except for certain reasons.

You are entitled to receive from your landlord a fully signed copy of the signed lease within 30 days after you sign the lease and give it to your landlord. The beginning and ending dates of the lease term must be stated in the lease and there must be a rent stabilization lease rider, prepared by DHCR, which summarizes your rights under the law and provides specific information on how your rent was calculated.

If an apartment that has a monthly rent of $2,500 or more per month becomes vacant, then it is no longer considered rent stabilized, and is now deregulated.  A rent stabilized apartment can also become deregulated when the monthly rent reaches $2,500 or more and the tenants earned more than $200,000 for the past two years.

Legal Editor:  Charlotte Lee, April 2015

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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