Requirements For Rent-Stabilized Apartments

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Rent-controlled apartments are a kind of housing where the local government or neighborhood experts set a cap on how much a landlord can raise the rent each year. These rules entail protecting renters from arbitrary rent increases and providing appropriate housing options.

While there aren’t any explicit conditions to achieve in order to rent a rent-stabilized apartment in New York City, tenants might need to satisfy certain income or credit criteria imposed by the property owner or management firm. Additionally, certain rent-stabilized residences could be set aside for particular groups, such as senior citizens or those with disabilities.

  • Apartments that were constructed before to February 1, 1947, in locations where municipalities are currently dealing with postwar rental housing crises. These localities would have rent-controlled apartments. Rent-controlled apartments have been in use in New York City since July 1, 1971.
  • Rent-controlled apartments have various advantages over traditional rentals, such as not having to sign renewal agreements and having a regulated eviction process.

Rent Guidelines Boards in New York now meet yearly to examine rent increase rates. Overall, these boards will establish a maximum rent increase for the year and biannual contracts. Keep in mind that both rent-controlled and rent-stabilized properties have various exclusions to rental increases. Among these exclusions are the following scenarios:

  • Individual Apartment Upgrades
  • Significant Capital Improvements
  • Rent Increase Exemption for Senior Citizens
  • Rent Preference Disability Rent Increase Exemption

The Maximum Base Rent (MBR) system administers rent-controlled apartments in New York City. It delegated jurisdiction to the Division of Housing and Community Renewal (DHCR), which established a policy to establish a maximum base rent for each apartment as well as a maximum collected rent. To keep up with rising rent rates, the maximum base rent is reevaluated every two years and adjusted.

However, if renters believe that their basic rights are being violated or that a law is being broken, they can dispute the maximum base rent.

Legislation S2980-C/A6216-B (2024)

S2980-C/A6216-B enhances tenant safeguards by adopting modifications to avoid improper deregulations or rent hikes, as well as improving enforcement of present rent stabilization legislation. The proposed law would improve tenant rights by defining the requirements for evaluating whether a landlord has participated in a deceptive plan to deregulate a unit.

This will call for landlords to get consent from Homes and Community Renewal before deregulating a unit in the future due to the following reasons:

  • A significant rehabilitation
  • Penalties for failing to register a unit are being increased.
  • Coding techniques for determining rentals following unit combinations or modifications
  • Increasing HCR’s authority to enforce rent stabilization regulations, among other things.

Curious on how to register your building’s rent stabilized apartments? See a detailed breakdown here.