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Rent Stabilization / Rent Controled Evictions – New York City

Am I a Rent Stabilized or Rent Controlled Tenant?

Rent Stabilized Tenants in NYC

Rent Stabilization protection applies to apartments, rather than to individuals.  As a general rule, stabilized buildings contain 6 or more units; were built before 1974; and, are not co-ops or condos.  In addition, certain more recently built or renovated buildings could become covered by Rent Stabilization as a result of a Real Estate Tax Exemption.

If you are covered by Rent Stabilization, you are entitled to a renewal lease at the same terms and conditions as your original lease, for one or two years at your election.  You can only be evicted for cause, and not only because your lease has expired.  In addition, the renewal lease increases are set at a certain percentage each year by the Rent Guidelines Board.  Landlords are required to register Rent Stabilized buildings with the NYS Division of Housing and Community Renewal (DHCR).  If you are not sure if you are covered by Rent Stabilization, you should visit your borough’s DHCR office and make sure to bring identification and your lease or a utility bill for the apartment.

Rent Controlled Tenants in NYC

Rent Control protection also applies to individuals, rather than to apartments.  You are protected by Rent Control if you have continuously resided in your apartment since before June 30, 1971, or are a legal successor tenant to a Rent Controlled tenant.  If you are a Rent Controlled tenant, you likely do not have a lease, but you are entitled to continued tenancy and cannot be evicted except for cause.  In order to increase your rent, your landlord must send an application to DHCR, and then DHCR must issue an order approving the rent increase.  If you do not receive such and order from DHCR, your landlord is not entitled to increase your rent that year.