The law is primarily governed by the:
- Rent
Stabilization Law of 1969 (RSL)
- Rent
Stabilization Code (RSC)
- Housing
Stability and Tenant Protection Act of 2019 (HSTPA)
- Administered
by the New York State Division of Housing and Community Renewal (DHCR)
???? Key Legal Obligations
for Landlords
1.
Rent Increases Are Regulated
- Rent
increases for stabilized apartments are set annually by the NYC Rent
Guidelines Board (RGB).
- For
example, for leases renewed from October 1, 2024 September 30, 2025, the
RGB may allow a specific percentage increase, often differing for one- and
two-year lease renewals.
- No
rent increases beyond these limits unless:
- Major
Capital Improvements (MCI) or Individual Apartment Improvements (IAI) are
approved.
- The
landlord receives a hardship increase (rare and heavily scrutinized)
-
Lease Renewal Rights
- Tenants
in rent-stabilized units have a right to renew their lease for a 1- or
2-year term.
- Landlords
must offer renewal between 90 and 150 days before the lease expires.
- Failure
to offer timely renewal can result in rent overcharge liability or
penalties.
3.
Registration Requirements
- Landlords
must register each rent-stabilized unit annually with DHCR, reporting:
- Legal
rent
- Occupancy
status
- Any
increases from MCIs/IAIs
-
Due date: Usually by July 31st of each year. Failure to
register can prevent lawful rent increases.
4.
Major Capital Improvements (MCIs)
- MCIs
are building-wide improvements (e.g., new roof, boiler, windows).
- Landlords
may apply to DHCR for a rent increase to recover costs.
- Must
follow specific DHCR application process and notice to tenants.
- Increases
are capped and can be removed once the costs are recovered under new HSTPA
rules.
5.
Individual Apartment Improvements (IAIs)
- Landlords
used to be able to raise rents for apartment upgrades (e.g., new
appliances).
- Since
2019 HSTPA, IAIs are:
- Limited
to $15,000 every 15 years
- Subject
to DHCR approval and recordkeeping requirements
- Increase
is temporary (30 years) and capped at 1/168th of the cost for 1 tenant or
1/180th for 2 or more tenants.
-
6.
Deregulation (Now Largely Eliminated)
- High-rent
vacancy deregulation and high-income deregulation were abolished by HSTPA.
- Vacancy
bonuses (previously up to 20% on turnover) are now prohibited.
- Vacant
units remain stabilized unless:
- They
were never rent-stabilized,
- They
legally exited the program (e.g., buildings with expired 421-a and proper
deregulation notice).
-
7.
Legal Rent and Rent Overcharges
- Tenants
may file rent overcharge complaints with DHCR.
- DHCR
or courts will examine four years of rent history, or more if fraud is
alleged.
- Landlords
must retain records for at least 6 years.
- Overcharges
can result in:
- Triple
damages (treble damages) if found willful
- Refunds
of illegal rent increases
- Recalculation
of the base rent
-
8.
Buyouts and Tenant Harassment
- Landlords
may offer buyouts to tenants to vacate but must not:
- Harass
tenants into leaving
- Make
threats, repeat unsolicited offers, or create unlivable conditions
-
- NYC
requires disclosure of buyout rights, and repeated unsolicited offers can
trigger harassment claims.
???? Enforcement and
Penalties
Violations May Result In:
- Fines
and penalties by DHCR
- Treble
damages for rent overcharges
- Rent
freeze or rollback
- Tenant
lawsuits
- Denial
of future rent increases
- Tenant
harassment cases brought by NYC Housing Preservation and Development (HPD)
???? Best Practices for
Landlords
- Maintain
Complete Rent and Improvement Records
- Use
DHCR-approved lease riders and renewal forms
- Register
annually without fail
- Understand
HSTPA restrictions many older landlord strategies are now prohibited
- Avoid
any action that could be construed as harassment
- Comply
with MCI/IAI rules strictly
- Respond
to DHCR inquiries and tenant complaints timely
???? Conclusion
For landlords, navigating rent stabilization in NYC requires
strict compliance with a complex and tenant-protective legal framework. Since
the 2019 HSTPA reforms, many prior landlord-friendly rules were revoked or
restricted, and penalties for violations are steeper. Proactive compliance,
clear recordkeeping, and familiarity with DHCR procedures are essential to
managing rent-stabilized properties effectively and lawfully.