For years, New York rent control laws have dominated real estate headlines. The state has some of the most stringent rent regulations in the country, and with housing in New York City most severely affected, the rental market in the Big Apple is undergoing a major upheaval.
But rent control in New York is nothing new. Laws on the subject date back to 1943, when rent freezes were enacted nationwide to help curb soaring inflation during World War II. Since then, New York rent control has evolved significantly — but some hallmarks of those early rules remain.
To help landlords and tenants understand New York rent control laws, TurboTenant has compiled a guide explaining the state’s rent regulations, including the rules surrounding New York City rent increases. Landlords and tenants should know these laws inside and out for efficient property management and use.
Key Takeaways
- In New York and New York City, rent increases are determined by local governing boards.
- Outside of New York City, municipalities and counties are allowed to opt in to or out of the state’s rent control laws.
- Since the Housing Stability and Tenant Protection Act was passed in 2019, the state government has heavily restricted the amount of annual rent increase in New York.
- TurboTenant can help New York landlords determine how best to manage their properties via software and state-specific rental agreements.
New York Rent Control Laws: An Overview
First, let’s cover the difference between rent control and rent stabilization. Rent control caps rent prices at a specific figure, while rent stabilization allows landlords to make incremental rent increases within certain limits. New York state has both rent control and rent stabilization laws in place, so landlords must pay close attention to which guidelines apply to their properties.
Though the state has been subject to various rent regulations throughout its history, a law passed in 2019, The Housing Stability and Tenant Protection Act (HSTPA), has made some of the biggest impacts on landlords and rental properties thus far. It aims to protect tenants by strictly curtailing the amount by which landlords can raise rent.
The HSTPA also increased the number of units covered by rent stabilization guidelines, making it impossible for units to “graduate” from rent stabilization after rents exceed a certain amount or a tenant makes above a certain income level. This act generally covers buildings with six or more dwelling units that were constructed between February 1, 1947, and December 31, 1973.
Though tenants — particularly in housing-beleaguered New York City, which has some of the country’s highest rental pricing — have applauded these regulations, many New York landlords have issued legal challenges against rent stabilization. But as of 2024, the Supreme Court has continued to uphold New York City rent increase laws.
Rent Control Rules
True rent control in New York, meanwhile, only applies to certain areas of the state, most notably New York City. It covers buildings constructed before 1947 and leases signed before July 1, 1971. The measure heavily limits how much rent tenants pay as long as they live in a dwelling unit.
About 16,000 rent-controlled units currently exist in New York City, but as tenants depart, the units then fall under rent stabilization (provided the buildings have six rental units or more). Tenants can also pass their rent-controlled unit along to a successor, though the new tenant must live there for at least two years prior to the original tenant’s departure or death.
It’s worth noting that municipalities outside of New York City have the choice of whether or not to opt into these rent control laws. Currently, 50 other cities, including Kingston and Poughkeepsie, have chosen to adhere to these guidelines. Nassau, Rockland, and Westchester counties, among others, have also opted in. New York City, however, is automatically subject to all of the state’s housing regulations.
Of course, if a rental property is located in an area of New York without rent stabilization laws, landlords may raise rent prices in accordance with market value or as they see fit.
Rent Increase Limitations in New York
Calculating rent increases in New York can be very tricky, given that different rules govern different areas of the state and even different buildings and dwelling units. We’ll cover some of the basics here.
Under the HSTPA, landlords are subject to rent stabilization as determined by the state’s Division of Housing and Community Renewal (DHCR). Every year, the DHCR and the applicable Rent Guidelines Board (RGB) determine the allowable rent increase amount and release that figure to the public.
Currently, the maximum allowable rent increase in a New York City apartment is 2.75% for a one-year lease that starts on or after October 1, 2024, and on or before September 30, 2025. For a two-year lease subject to the same dates, the allowable annual rent increase is 5.25%. (Rent increases on a month-to-month lease may only be undertaken at the tenant’s consent, which, naturally, could be difficult to obtain.)
These amounts will differ based on municipality or county, as each has its own RGB.
Further regulations apply to rent increases made due to building improvements. While landlords in New York could once significantly raise rent if they made material improvements to their dwelling units, the HSTPA now prohibits rent from being raised by more than 2% for major capital improvements and by more than 1/180th the cost of an individual apartment improvement.
Landlords also cannot raise rent by more than 20% when a tenant moves out.
Tenants in New York can also contest any rent increase that they feel is unjustified. If landlords are found to have violated New York rent increase policies, they can be subject to civil penalties and fines.
Just Cause for Eviction in New York
In addition to rent stabilization measures, New York rent control laws also include special anti-eviction protections for tenants. In April 2024, the Good Cause Eviction law went into effect, preventing landlords from evicting tenants without “good cause.” Note that many other states call “good cause” evictions by the name “just cause” evictions.
Renters can also challenge rent increases using the Good Cause law to justify nonpayment of rent, particularly in market-value apartments.
In a nonpayment case, landlords must issue a 14-day notice to either pay rent or quit the property. If the tenant has neither paid rent nor vacated the property by the end of the 14-day period, the landlord may begin eviction proceedings.
Other just causes for eviction in New York include:
- Damage to the dwelling unit
- Illegal activity
- Tenant refuses landlord access to the dwelling unit
- Violation of terms of lease
- Intended occupancy by owner
When illegal activity occurs on the property, landlords may immediately file for eviction with no notice given to the tenant. In the case of intended owner occupancy, landlords must provide tenants with a 90-day notice to quit and must file for a certificate of eviction for occupancy from the DHCR.
If eviction is undertaken due to lease violations or damage to the dwelling unit, property owners are required to serve tenants with a 10-day Notice to Cure, giving renters a chance to rectify the issue at hand. After those 10 days have elapsed, landlords may issue a Notice of Termination and initiate eviction proceedings if the problem persists.
Landlord Rights and Responsibilities
As in any state, landlords in New York are endowed with certain rights within the landlord-tenant relationship. Those rights include the following:
- Receive on-time rent payments without sending a bill to tenants
- Charge late fees for delinquent rent payments
- Enter the dwelling unit with tenant consent and, in the case of an emergency or tenant abandonment, without tenant consent
- Use portions of tenants’ security deposit to repair damage to the dwelling unit
That being said, landlords in the state of New York are also subject to a significant number of restrictions, which place responsibilities upon them. Here are a few of the items that landlords must provide to their renters:
- Hot and cold water
- Heat (between October 1 and May 31)
- Property repairs promptly
- In market-value apartments, unused portions of security deposits 14 days after the tenant vacates a property
- Appropriate notices of rent increases and evictions
Tenant Rights and Responsibilities
Like their landlords, tenants also have certain rights and responsibilities when entering a rental agreement. Under New York rent control laws, those rights for tenants include the following:
- Withhold or deduct from future rent payments if landlords do not make requested (reasonable) repairs
- Seek housing without fear of harassment or discrimination
- Live in a safe, well-maintained dwelling with non-hazardous conditions
- Receive appropriate notice of rent increases and evictions
In return for these rights, tenants are expected to provide the following:
- On-time rent payments
- Keep the dwelling unit and utilities in good condition
- Abide by the terms of the lease
- Avoid disturbing neighbors
Navigating Rent Control Laws with TurboTenant
Rent control laws in New York — particularly in New York City — can be confusing. That’s why TurboTenant is here to help.
Landlords nationwide have sworn by our easy-to-customize rental applications, property management tools, and background checks, including credit screenings. We specialize in rental management software that helps landlords manage their properties correctly and efficiently without headaches.
When renting out properties in New York, tenants and landlords alike can use our state-specific rental application and lease agreement to ensure compliance with all the rules and regulations in New York. These tools will help simplify the lease-signing process for a smoother transaction on both ends.
Sign up for a free TurboTenant account and see for yourself.
Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.