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Rent Regulation: Rent
Stabilization & Rent
Control
go to our pdf fact sheet overview on the rent regulations
or go straight to our
web pages on Rent
Stabilization or
Rent Control
 Understanding New York's complex
rent regulations can be difficult even for the most experienced
lawyers and advocates. Both rent stabilization and rent
control protect tenants in three ways: 1)protection from steep
and unexpected rent increases; 2)guarantee of tenure rights
(tenants can only be evicted for good cause, such as breaking
the law or not paying the rent); and 3) the right to good
services and repairs, with recourse if those aren't provided. But rent regulation is under attack - the real estate lobby is working
diligently to erase it from the books and endanger the homes of
over 2.3 million New Yorkers living in one million regulated
apartments. Landlords won major weakening of rent
and eviction protections in 1997 and 2003, and now landlords are
claiming decontrol of vacant apartments by charging $2000/month
rents in neighborhoods all over the city. The state rent laws
are up for renewal in Albany in 2011. Want to get involved in
the fight to preserve and expand the rent laws?
Go to our Real Rent
Reform page.
Rent Law Timetable
The New York state
legislature sets the agenda on the rent laws for the areas of
the state that have rent regulations (New York City, the
surrounding counties, and the few remaining rent control units
statewide). Thanks to the Urstadt Law (see our
Home Rule page), only the state
legislature can strengthen the laws. The state legislature
has always included regular "sunsets" in the laws so that they
must be renewed by the state every few years. The next renewal
date is 2011. The rent laws controlling New York City are
enabled by the state, but are also enacted by the New York City
Council, which votes on the renewal of its own rent laws
(thereby opting into the state enabling laws) once every three
years. During the city's renewal years, the housing department
must deliver to the
City Council a report (the Housing & Vacancy Survey)
showing the vacancy rate (the percentage of the total rent units
that are vacant and available for rent). The laws were most
recently renewed in the spring of 2006. The 2005 vacancy rate
(reported in the 2005 HVS, which was delivered to the Council in
February of 2006) was 3.09%, well below the 5% mark
which the law defines as a housing emergency. A housing
emergency is necessary for the continuation of the rent laws.
In 2006, thanks to the
pro-tenant leadership of Speaker Christine Quinn, the City Council voted
to renew the rent stabilization and the rent control laws
and voted in favor of a resolution calling for Home Rule.
Get involved in the important
fight to protect and expand rent and eviction protections -
come
join Met Council and help make a
difference. One key reason that rent regulation is constantly
under attack is that New York City does not have control over
our own destiny - the state legislature in Albany does.
Join the fight to restore home rule
-
Urstadt Repeal / Home Rule.
The future of the rent
regulation system now
hangs on the actions of Governor Spitzer. Spitzer will
have the power to clean-up the state housing agency, change the
rent stabilization and rent control codes (changes can be made
without change in legislation), and set the agenda for changes
in the rent laws. The recent weakening of the rent laws
has led to rapid rent escalation (thanks to the huge vacancy
allowance of 20 plus% allowed to landlords, and the changes to
the preferential rent system) and rapid deregulated (thanks to
the $2,000 per month vacancy decontrol provision). In
addition, tens of thousands of tenants are paying higher rents,
and getting reduced services, because the the state housing
agency has been serving landlords for the 12 Pataki years.
What's In the Laws?
There are two parallel systems governing rents in New York City,
Nassau, Rockland and Suffolk County. Rent control generally
covers only tenants that have been in their units since 1971, or
remaining family members who "succeeded" to those tenancies,
and who live in buildings built before 1947. If
you think you are rent controlled, or want more information,
click here. Rent
Stabilization generally covers buildings built before 1974 that
have 6 units or more, including formerly rent controlled
apartments which were vacated after July 1, 1971. For more information on Rent
Stabilization,
click here. For more detailed legal information on the rent
laws, see our Links page
for connections to fact sheets of other organizations, legal
texts and case law.
If you think the laws are needlessly complex,
you're right! But don't blame tenant advocates.
Tenants have lobbied for years for a simpler system, but the
landlords have used their lobbying might (and our rent money) to
block changes. Landlords benefit from the complicated rent
system because they get high rent increases (for apartments
under rent control) and because tenants are easily confused
about their rights and how to enforce them.
Most rights are similar for rent controlled and rent stabilized
tenants. Among these rights is the right of remaining
family members - including "nontraditional" families such as gay
or unmarried heterosexual partners - to inherit or succeed to
the tenancy under certain circumstances upon the departure of
the tenant of record. Rent stabilized tenants usually have leases which
may govern the rights of the landlord and the tenant, if not
inconsistent with the law. Rent regulated tenants are
protected against unlawful rent increases, but must challenge
the increases in court or by
filing a challenge with the New York State Division of Community
Renewal. In certain circumstances these challenges are
subject to a 4-year time limit, so tenants should pursue
suspected overcharges and make sure they file a timely
challenge.
Many rent stabilized tenants are paying what is known as a
"preferential rent", meaning that the landlord claims that the
rent being charged is less than the maximum legal rent that
could have been charged. A 2003 amended to the law passed
by the state legislature is being used by landlords to refuse to
continue the preferential rent when the lease is renewed, but
many tenants are entitled to have their preferential rents
continue for the duration of the tenancy, depending on what
agreement was initially made.
Click here to find out more
about preferential rents.
All rent regulated tenants (both controlled and stabilized), can
learn more about their rights from Met Council's Fact Sheet on
the rights of
Rent Regulated Tenants.
As with any
complicated legal matter, you should consult with a legal
professional before proceeding in housing court or before filing
with the DHCR to determine your status.
Individual tenants can get advice from Met Council or learn
about tenants’ rights by calling our hotline—212-979-0611—on
Mondays, Wednesdays or Fridays from 1:30 to 5 p.m, or
coming to our our weekly walk-in clinic, Tuesday nights at
6:30 p.m., at 61 East 4th Street between Second Avenue and
the Bowery on the Lower East Side.
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