How do I know if I'm rent regulated?

Approximately two-thirds of the apartments in New York City are rent regulated. Rent regulated apartments include rent controlled and rent stabilized apartments in New York City and certain counties.

Rent control and rent stabilization are two different programs with unique regulations. To learn whether your apartment is rent regulated, you must know whether you are talking about rent control or rent stabilization.

Consider these points if you have questions about rent regulation

Rent control typically pertains to:

  • Buildings built prior to February 1947 in certain municipalities
  • Apartments in these buildings in which the tenant or his/her lawful successor has lived continuously since before July 1, 1971

Rent stabilization is generally for:

  • Buildings with six or more apartments; these buildings must have been constructed between February 1, 1947, and January 1, 1974
  • People who moved after June 30, 1971, into a building with six or more apartments built before February 1, 1947
  • Buildings with special tax benefits (J51, 421-a, 421-g)

Exceptions to rent control and rent stabilization

There are various exceptions to rent stabilization or rent control coverage. These are some of them:

  • Rentals in buildings after they have converted to cooperatives or condominiums
  • Rental units that have been deregulated pursuant to high rent/vacancy deregulation and high rent/high income deregulation (does not apply to buildings that receive J-51, 421-a or other tax benefits)
  • Rental units that are subject to other government regulation or funding (such as Mitchell Lama, public housing, project-based Section 8 housing, etc.)

Are there other ways I can tell if my rent is regulated?

If you believe your apartment is rent controlled or stabilized, you can contact the New York State Division of Housing and Community Renewal (DHCR) and ask if your building/apartment is or should be rent controlled or stabilized. Once you contact the DHCR, it may be advisable to meet with an attorney since the DHCR may not give you sufficient information to make a final determination.

If your apartment is rent stabilized, you should have received a Rent Stabilization Lease Rider with your lease. You can file a complaint with the DHCR if your landlord did not attach it. You should also receive annual rent registrations.

An attorney can answer further questions and help you resolve rent issues with your landlord if necessary.

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