Good Cause Evictions Protections

Rent Control

Names on Lease

Discrimination

Late Fees

Preferential Rent

Lease Renewals

Lease Breaks/Sublets/Deposits

What Are My Protections

What Are My Rights

Sample Letter

Good Cause Eviction

What apartments are covered by Good Cause Protections?

If you meet all the conditions below, you may be eligible for “good cause protections”:

You do not live in a co-op or condo.
You are not rent-regulated.
Your landlord must own more than ten (10) units. If your landlord lives in your building and your building is ten units or less you are not covered. You can find out how many units your landlord owns here.
Your rent is under 245% of the Fair Market Rate by HUD.
Studio: $5,846
1 BR: $6,005
2 BR: $6,742
3 BR: $8,413
4 BR: $9,065
Your building was built before 2009.
Your apartment is not part of an employment agreement.

There is no directory of what buildings are covered by Good Cause Protections. Starting on August 20, 2024, Landlords must provide a notice at lease signing, renewal leases/rent hikes, a notice of evictions, and petition papers stating why Good Cause does not cover them.

If a landlord fails to provide necessary notice, eviction cases may be thrown out in court.

How can I find out how many units my landlord owns?

Starting August 20, 2024, your landlord will be required to tell you if he is claiming to be exempt due to number of units they own. Also if your landlord brings you to court and claims to be exempt, the LLC will have to give you the name of everyone who is an owner through the LLC, how many units they own and the addresses of those units.

Due to buildings being owned by limited liability corporations (LLC). It can be complicated to know how many units your landlord owns. One place to start is by searching your building on https://whoownswhat.justfix.nyc/

What rights and protections do with Good Cause Protections?

Good cause protection is a defense in a housing court case. If you meet all the conditions on the previous above, you have the following defenses in court:

Rent increases are limited to 5%+CPI or 10%, whichever is less. The current amount is 8.82%. Housing and Community Renewal (HCR), the state housing agency, will announce it every August.
Your landlord can only evict you for the following reasons:
Non-payment of rent
Violating a term of the lease
Nuisance or illegal activity
Failure to sign a lease renewal
Failure to provide reasonable access to your apartment for repairs or for your landlord to show the apartment for rent or sale.
Landlord taking over for personal use
Landlord taking the apt off the market
Demolition of the building

This protection does not include tenants with cases that were begun on or before April 20, 2024

How can my rent be raised within a Good Cause protected apartment?

Rent increases are limited to a flexible standard of 5%+CPI or 10%, whichever is less. The current amount as of April 2024 is 8.82%. Housing and Community Renewal (HCR), the state housing agency, will announce it every August.

What if my rent is raised more than the Good Cause flexible standard?

If your landlord raise your rent more than this years standard you can negotiate with your landlord or you can withhold part or all of your rent and use good cause as a defense in court. The court might find against you, if a landlord can show their costs have risen or if their have done significant repairs to the building.

Good Cause Eviction

On what grounds can I be evicted from a Good Cause protected apartment?

Non-payment of rent
Like any other tenant, as a rent-stabilized tenant, you can be sued for eviction in Housing Court if you owe back rent.
Violating a substantial obligation of your lease.
Some examples include but are not limited to:
operating a business out of your apartment
making alterations to your apartment without permission
using appliances such as washing machines that are prohibited in your lease
Failure to provide reasonable access to your apartment for repairs or for your landlord to show the apartment for rent or sale.
Being a nuisance or illegal activity.
Examples include:
selling drugs
constant noise coming from the apartment
violent behavior
cluttering your apartment to the point that it is a hazard
paying your rent late on a chronic basis
Limited landlord actions
owner-use (the landlord is seeking the apartment for his/her personal use, or that of an family member)
Landlord taking the apt off the market
whole-building demolition
Failure to sign a lease renewal

Do I need a lease to be covered under Good Cause?

No, you do not need a lease to be covered as long as your building meets the criteria to be covered.

What can I do if my landlord refuses to renew my lease or tries to evict when I am protected by Good Cause?

If your landlord refuses to renew your lease, tells you that you have to leave for a reason not listed above or no reason, or tries to evict you for no reason or for a reason not listed above, do not move. Tell your landlord, they need to give youa “Good Cause” to evict you. If your landlord then tries to formally evict you in court, you can raise a Good Cause defense.

Rent Control

What is rent control?

Rent control is the older of the two rent regulation systems in place in New York City. Today it covers only those tenants who live in buildings built before February 1, 1947 and who have lived in their apartments since July 1, 1971 (if the building has fewer than three units, since April 1, 1953), or a person who succeeded an apartment who was in since then.

Rent control is widely misunderstood. Many times people refer to rent control but are actually referring to rent stabilization – the newer system of rent regulation. There are around a million rent stabilized apartments but fewer than 25,000 rent controlled apartments remain.

How many rent controlled apartments are there in New York City?

There are about 22,000 apartments covered by rent control in New York City today, down from over a million in the 1970’s.

Most rent-controlled tenants earn about $22,000 a year, and pay over 33% of their income for rent. After decades of organizing, the state legislature in 2019 made significant changes to to change the system to make it easier for the elderly tenants who live in rent-controlled apartments.

The Maximum Base Rent System

The Maximum Base Rent system that was used prior to June 2019 has been superseded by a new MBR increase system

How do Rent Control tenants get rent increases now?

As with the old system, landlords must apply once every two years, six months prior to the increase period. They now must use the MBR Application for 2020-2021. DHCR will allow qualifying landlords to raise the rent by the allowable increase.

As of June 2019, the rent increase will now be an average of the last 5 Rent Guidelines Board 1-year rent increases or 7.5%, whichever is less. Landlords will still need to apply for an increase. For 2020-2021, the average of the last 5 RGB increases is 00.85% .

Some landlords choose not to participate in the rent increase system for Rent Controlled tenants. And some landlords have so many violations, they are not eligible for rent increases. For tenants in these buildings, the landlord is not permitted to collect any increase. (See below for more information.)

What is the fuel pass along for rent controlled tenants?

As of June 14, 2019 – Landlords are no longer allowed to add fuel and labor pass along to rent controlled tenants.

Is there any way to stop the annual rent increases for my rent controlled apartment?

Rent increases are granted only if the owner files for it six months prior to the cycle and certifies that essential services are being maintained and that 100% of rent impairing violations and 80% of all other violations that were in place on January 1 of that year have been removed.

Rent-controlled tenants can challenge the increase if the violations were not removed. For example, if your apartment has an ongoing violation for lack of hot water or heat, the landlord’s application for the increase will be denied — and if that denial survives the owner’s appeal, the owner can not get it retroactively later. (Unlike rent stabilization where the landlord can get all lost increases once the violations are cleared.) To challenge the increase, you must file an RA-94 within 35 days of receiving the RN-26.

Rent-controlled tenants have two other challenges: tenants can use the RA-94 to say that the landlord failed to provide essential services (since the landlord swore that essential services were being provided when he filed for the MBR order), and, that the owner does not need the increase in order to run the building (the owner must certify that he paid, or promise to pay, at least 90% of the expense allowance for the operation and maintenance of the building).

In addition, like all rent-regulated tenants, rent-controlled tenants can get a rent freeze and rent reduction if the landlord is not providing services or making repairs and the tenant follows the proper procedures. To get the rent freeze and roll back, the tenant must write a letter to the landlord, mailed by certified mail, describing the problem. If, after 10 days, the owner doesn’t fix the issue, the tenant can file for a decrease with the DHCR. If the problem is lack of heat and hot water, tenants should call 311 until an inspector visits and records the violation, and then get a copy of the violation (from HPD’s website or in person) and send it to the DHCR with the proper form.

Tenants who qualify for the Senior Citizen Rent Increase Exemption or Disability Rent Increase Exemption programs should apply as soon as they qualify. Go to our SCRIE page for more information.

Rent Overcharges in Rent Control Apartments

If a landlord charges a rent-controlled tenant more than they are allowed or applied and was approved for an increase when they should not have been, rent controlled tenants can file and overcharge complaint with DHCR using the form RA-89C

History of Rent Control

The rent control law is descended from the broad rent and price controls that were in place at the end of World War II (of course, rent laws were also in effect in NYC in the 1920’s). During the late 1940’s the federal rent control system, which had been nationwide, was gradually lifted and states that wanted to preserve rent control were permitted to take on administration of the system. While New York City’s housing market suffered from both the lack of construction during the war as well as a large population influx, it also had a well organized labor and tenant movement. Thanks to agitation from the huge number of tenants in the city, Albany took over the rent control system in 1950. After that, the administration of rent control for New York City went from state to city to state, and a variety of decontrol provisions were passed. Today, rent control covers only about 22,000 apartments, down from well over one million in its heyday. The system is now under vacancy decontrol – once the tenant moves out, the apartment is decontrolled–it either becomes rent stabilized or can become unregulated entirely.

Who are rent-controlled tenants?

There are approximately 22,000 rent-controlled apartments in New York City. The median income of those households was $22,200. The median rent is $551 per apartment, and the median household pays over 33.5% of income for rent. The city’s rent-controlled tenants are mostly elderly – with most tenants having lived in their apartments since 1971 or before.

What are the special challenges?

Rent controlled tenants are elderly and living on fixed incomes. The city’s Senior Citizen Rent Increase Exemption program provides relief for some tenants. Tenants who are 62 or older, whose income is $50,000 or less, and who pay 1/3 of their income or more for rent can get their rent frozen. The program is great for those who qualify, assuming that they get the rent frozen right when they reach the qualifying marks. However, many tenants do not qualify in time to freeze the rent before it goes over the 1/3 level of income for rent. (The federal benchmark for an affordable rent is less than 30% of income.)

If you have neighbors who you think might be interested, let them know about the program. Information is available at senior centers and by calling the city at 311.

For more information about rent control:

The New York State Division of Housing & Community Renewal administers the rent control system. Fact sheets, complaint forms and other information can be found by calling 833-499-0343 or on the agency’s website. Go to the Rent Control section.

Adding or removing a name from a lease

In Rent Stabilized Apartments

Can I add my spouse to my rent-stabilized lease?

Yes. If the apartment is rent-stabilized, you can ask the landlord to add your legal spouse or legal domestic partner to the lease at any time. You do not have to wait for lease-renewal time. Simply write a letter to the landlord asking that your spouse be added to the lease, and send the letter by certified mail, return receipt requested. Your landlord is not entitled to charge you a rent increase for this. You can include a copy of the marriage certificate or certificate of domestic partnership if the landlord asks for proof.

If your landlord refuses, you can file a complaint with New York State Homes and Community Renewal using Form RA-90, Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease, or simply keep a copy of the letter in which you stated your request with proof of mailing for future use. The Rent Stabilization Code states that a tenant “shall have the right to have his or her spouse, whether husband or wife, added to the lease or any renewal thereof as an additional tenant where said spouse resides in the housing accommodation as his or her primary residence.”

Can I add other family members to my rent-stabilized lease?

In a rent-stabilized apartment, the landlord is not required to add anyone to a lease except for a spouse. You may reach out to the landlord and ask for a family member to be added to the lease, but the landlord may refuse. There is nothing a tenant can do to force the landlord to add the name of anyone other than a spouse. However, keep the following in mind:

All tenants have the right to have immediate family members live in the apartment with them as long as the apartment does not become overcrowded. No permission is required and it is not necessary for these people to be named on the lease.

In rent-stabilized and rent-controlled apartments, certain family members may have succession rights – the right to remain in the apartment and take over the lease and tenancy – if the primary tenant moves or dies. For more information, read our fact sheet on succession rights.

If the landlord agrees to add someone’s name to a lease, it can be considered a “vacancy lease” even though no one is moving in or out and could result in a possible risk of losing any “preferential rent” agreement with the landlord. Tenants may wish to consult an experienced tenant lawyer before signing a new lease.

Can I add my roommate to my lease?

If you want to add the name of your roommate to your lease, you both can make this request of the landlord, but the landlord may refuse. There is nothing a tenant can do to force a landlord to add anyone’s name to a lease with the exception of adding your spouse’s name to your rent-stabilized lease.

If you live in a rent-stabilized apartment and the landlord agrees to add your roommate’s name to the next lease, it is considered a “vacancy”, even though no one is moving in or out. That means if you have a “preferential rent”, adding a new name can mean risking losing your preferential rent.

How can I remove someone’s name from my rent-stabilized lease?

In cases where there is more than one person named on a rent-stabilized lease, the names of some tenants may be removed from a lease-renewal while other tenant(s) may choose to renew.

Removing one or more names from a rent-stabilized lease does not trigger a “vacancy lease” on renewal and the landlord is not permitted to revoke a “preferential rent” agreement, if you have one, and raise the rent to the legal regulated rent.

To request the removal of a name from your lease, the remaining tenant(s) and the departing co-tenant should send a certified letter to the landlord. The landlord should always check that the person whose name is being removed wants to be taken off.

If one of the co-tenants dies, the remaining listed tenant(s) should write a letter to the landlord and ask that the name of the deceased be removed from future lease renewals. Proof may be required, such as a death certificate.

If one of the co-tenants has moved away and cannot be reached – or has moved away and refuses to cooperate – the primary tenant may explain this in a letter to the landlord. The primary tenant can ask that the other person be removed from the lease renewal. Explain the situation and provide supporting documentation if requested. Be sure to indicate that you remain in the apartment and do want to renew the existing lease.

How can I remove my own name from a rent-stabilized lease?

If you are leaving a rent-stabilized apartment and one or more co-tenants are remaining or you would otherwise like your name removed from a lease with multiple names or signers, you will need to write a letter to the landlord asking to be removed from the lease and that you are giving up rights to the apartment.

If you are the sole leaseholder and you would like to move out of your rent-stabilized apartment before your current lease is up (or if all co-tenants agree they want to move before the lease is up), please see our page about breaking or assigning your lease

In unregulated (“market-rate”) apartments

In an unregulated (market rate) apartment, all terms – including the occupants – can be renegotiated when a new lease is being signed. This means you can request to add new names to your lease if and when a renewal is offered. Your landlord is not required to add any new names to your lease at renewal. The new lease is not valid until it is signed by all parties. Please see our page on roommates for more information on your right to have a roommate or live with family members.

Housing Discrimination

City, State, and Federal Laws Protecting Tenants’ From Discrimination

The City Human Rights Law protects residents of most types of housing in New York City against discrimination. If you reside in an apartment building or multiple family dwelling, co-op, condominium, government-assisted housing, or residential hotel, you are covered under the Law. The Law does not extend to residents of two-family houses if the owner or a member of the owner’s family resides in one of the housing accommodations and the available housing accommodation was not advertised. In addition, you are not covered by the Law if you rent a room or rooms in non-government assisted housing where the owner resides.

It is unlawful for landlords, superintendents, building managers, condominium owners, cooperative owners and boards to discriminate in the sale, rental or lease of a housing accommodation or in the provision of services and facilities because of a person’s actual or perceived race, color, national origin, gender (including gender identity), disability, sexual orientation, creed, marital status, partnership status, alienage or citizenship status, any lawful source of income, age, lawful occupation, or because children are or may be residing with the person.

Under the Housing Stability and Tenant Protection Act of 2019, it is also unlawful for building owner to refuse to rent to a tenant because of prior action against the tenant in Housing Court.

Complaints about discrimination of any kind or landlord’s failure to provide reasonable accomodation to tenants with disabilities (see below) can be made to the New York City Commission on Human Rights. The NYCCHR can also be reached by phone by calling 311 or (212) 416-0197

Laws Enforced by HUD:
Fair Housing Act Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and diability.

Fair Housing Act
The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.

Late Fees

Legal Disclaimer:

The information contained on this web page does not constitute legal advice and must not be used as a substitute for the advice of a lawyer qualified to give advice on legal issues pertaining to housing. For more, visit our page on Finding a lawyer.

This information pertains only to tenants living in New York City.

Many of your rights depend on the type of housing you live in or your type of tenancy. You may be subject to different laws and have different sets of rights than even neighbors in your own building. Learn which rights and responsibilities apply to you.

Is my landlord allowed to charge me a late fee?

If you are a rent-stabilized tenant and the first lease (the one you signed when you first moved in) allows late fees, the landlord can charge them. The late fee cannot be greater than 5% or $50, whichever is less. The landlord cannot add in late fees to renewal leases later if the initial lease didn’t allow for them. (It is a general rule that renewal leases must be on the same “terms and conditions” as the initial lease. See more about rent-stabilized lease renewals)

If you are an unregulated (market-rate) tenant with a lease, the late fee provision must be in the lease. The late fee can not be greater than 5% or $50 which ever is less. If there was not a late fee in your first lease or most recent lease, your landlord can add one at the next renewal.

If you are a tenant in public housing (NYCHA), late fees are not permitted. Many other subsidy programs also do not allow late fees.

There is no late fee indicated in my lease, but my landlord has added a late fee to my rent bill. What should I do?

Your landlord is only entitled to collect a late fee if that fee is outlined in your lease. If your landlord is improperly charging you a late fee on your rent bill, you may want to write “for rent only” on the memo line of your monthly rent check or money order so that your landlord doesn’t credit your payment to the late fees and then claim that you owe additional rent. You also may want to write a letter reminding your landlord that your lease does not permit a late fee, send the letter certified mail, return receipt requested, and keep a copy of your letter and your proof of mailing.

Can I be evicted for non-payment of rent if I don’t pay a late fee?

You cannot sued for late fees in Housing Court as part of a nonpayment eviction.

Be warned that chronic late payment of rent can be the basis of a holdover eviction. (Your landlord can claim that you are a nuisance because you have constantly paid your rent late. You can be sued by your landlord on these grounds even if you are not late or behind in the rent at the point when the court case begins.) Avoid being a defendant in such a case by making on-time rent payments.

My landlord attached a lease rider (or asked me to sign a rider) to my renewal agreeing to a late-fee. Do I have to sign this?

If you are a rent-stabilized tenant, your renewal lease offer must keep the same terms and conditions as the expiring lease unless a change is necessary to comply with a specific law or regulation. In many cases, the easiest thing to do if your landlord attaches a rider calling for a late-fee is to sign the renewal lease form and return that without signing or returning the lease rider at all. When doing so, you may wish to remind your landlord in writing that you are entitled to renew your lease under the same terms and conditions, and are not obligated to sign this type of rider. See more about rent-stabilized lease renewals.

If your apartment is not rent-regulated (if it is market-rate) you may need to re-negotiate the terms when you renew your lease. You are not entitled by law to a lease that contains the same provisions as your previous lease. See more about market-rate lease renewals

Late Fees

Legal Disclaimer:

This information pertains only to tenants living in New York City.

Is my landlord allowed to charge me a late fee?

If you are a tenant in public housing (NYCHA), late fees are not permitted. Many other subsidy programs also do not allow late fees.

There is no late fee indicated in my lease, but my landlord has added a late fee to my rent bill. What should I do?

Can I be evicted for non-payment of rent if I don’t pay a late fee?

You cannot sued for late fees in Housing Court as part of a nonpayment eviction.

My landlord attached a lease rider (or asked me to sign a rider) to my renewal agreeing to a late-fee. Do I have to sign this?

Step 1

Step 2

Step 3

The Basics of Getting Repairs

The laws and regulations of New York require that your landlord maintain essential services in your building and apartment and that they make prompt repairs. However, to enforce these laws you must take action – no one will do it for you.

If you have notified your landlord, managing agent, or building superintendent, and they have not resolved the problem, you must take additional steps, which are outlined on this page.

Note: If you have problems getting repairs or services, chances are that your neighbors have these problems, too. Working with your neighbors on common problems is almost always more effective than fighting the battle alone. You may want to join your building’s tenant association, or if your building doesn’t have one, to start one. (Read more about Forming a Tenants’ Association.)

Step 1:

Send a letter to your landlord

It’s important to put your request for repairs or services in writing, even if you have already spoken to your landlord, managing agent, or building superintendent. In general, when fighting with your landlord over repairs and services, keeping good records is key.

Your letter should list all the problems in your apartment and in the common areas of the building, and include the history of all your previous attempts to get the problems solved – who you spoke to, what promises they made, and what was not done. If your apartment or building needs many repairs, and because it’s important to include everything that needs to be addressed in your first written communication, you may want to download and print our Tenants’ Inspection Checklist/Lista de verificación de la inspección de los inquilinos (公寓居住條件調查問卷) and use it as a guide so that you don’t leave anything out. Photocopy the checklist, keep a copy for your records, and send the checklist along with your letter to the landlord.

Particularly if you are in a rent-stabilized or rent-controlled apartment and plan to file a reduction in services complaint with NYS Homes & Community Renewal to get a rent freeze, you must be able to prove that you first wrote to your landlord notifying him/her of the problem. You must send the letter by certified mail, return receipt requested, and keep a copy of the letter, along with proof of mailing and the receipt, when it arrives, with your copy of the letter (along with the Tenants’ Inspection Checklist, if applicable) to show the HCR or a Housing Court judge, if you wind up going to court.

Here is a sample letter:
July 1, 2017

Dear Landlord,

Enclosed is my rent for July. As I have told the super several times, I need repairs in my apartment and in the public areas of the building. He keeps saying he will do them, but he never has. These repairs are:

Bathroom

1. Hot-water faucet in tub leaks

2. Floor tiles broken

Kitchen

3. Holes in the floor by the radiator

Common Areas

4. Entrance door lock defective

If these repairs are not made by July 15, 2017, I will have no choice but to use my legal remedies to get the repairs done. Please contact me as soon as possible to arrange a time to have these repairs made.

Sincerely,

Jane Doe (Apt. 4A)

daytime phone: 123-456-7891

A Sample Letter from a Tenant's Association:

July 1, 2018

Dear Landlord:

We write to you as members of the XYZ Tenants’ Association in order to get repairs to the public areas and our individual apartments. Previous attempts by individual tenants to get repairs made have failed. We intend to act as a tenants’ association from here on, and take whatever follow‐up steps are necessary to get these repairs.

We have attached to this letter a list of repairs needed in various apartments. In the public areas, the following needs to be repaired:

The entryway door lock is defective: outsiders can easily gain entrance to the building by pushing hard on the door.
The elevator does not stop level with the floors.
The hallways are in need of cleaning and mopping.

If these repairs are not made by July 15, we will exercise our legal rights to get them done. Please contact us as soon as possible to set up a schedule for making repairs.

Sincerely,

Jane Doe (Apt. 4A), Robert Smith (Apt 5B)

Co‐Presidents, XYZ Tenants’ Association

Be prepared to follow up with a complaint to the city or state housing agencies, and/or a court action. If your landlord does not respond to your letter, or responds but does not do the work (or doesn’t complete the job) you should think about the next steps.

Step Two:

File A Complaint With Government Agencies

You can file a complaint with the city by calling 311 from any phone in New York City (from outside NYC, call 212‐639‐9675). Through 311, you can reach city departments responsible for enforcing the housing, building, and health codes, and ask for an inspection.

The Dept. of Housing, Preservation and Development (HPD) enforces laws relating to housing maintenance (heat, hot water, lead paint, leaky ceilings, other apartment deficiencies).

The Dept. of Health & Mental Hygiene (DOH) deals with lead poisoning prevention (together with HPD), child window guard requirements, rodent and pest infestations, and some mold and asbestos conditions.

The Dept. of Buildings (DOB) issues permits for new construction and for alterations or renovation to existing buildings, inspects elevators, plumbing, and electrical systems, and responds to complaints about unsafe structures.
The Dept. of Environmental Protection (DEP) handles complaints about noise and odors (produced by businesses such as restaurants and clubs).
Note: Always call 911 for emergencies (a cascading flood, a gas leak, carbon monoxide alarms sounding, etc).
If you are in a rent-stabilized or rent-controlled apartment, you can file a complaint (either building‐wide or for your individual apartment) with the state housing agency, Homes & Community Renewal (HCR)

Individual tenants should use HCR’s form RA-81 “Application For A Rent Reduction Based Upon Decreased Service(s) – Individual Apartment” and tenant groups should use form RA-84 “Application For A Rent Reduction Based Upon Decreased Building-Wide Service(s)”. HCR can be reached by calling 833-499-0343 if you would like the forms mailed to you or go online to download any of HCR’s forms for tenants.

Tenants can now report emergency and non-emergency conditions online through DHCR: Online Decreased Services Application

You can also obtain copies of the forms by visiting HCR’s borough offices

HCR has the power to order a rent reduction and rent freeze for rent-regulated apartments until the landlord fixes the problem. If the problem is no heat or hot water, you can file once you have a copy of a violation report from a city agency. For all other issues, you must first write a letter to your landlord complaining about the problem and send it by certified mail, return receipt requested. You can file with HCR once 10 days – but no more than 60 days – have passed since sending the letter to your landlord. In the letter and on the forms, be specific in identifying the problem. For more on the process of applying for a rent reduction, read HCR’s Fact Sheet #14: Rent Reductions for Decreased Services.

Be advised that while HCR rent reductions and rent freezes may be an incentive for your landlord to make repairs, HCR cannot force such repairs to be made, and the agency typically acts slowly. It’s generally advisable to file a rent reduction and also take other steps (such as suing your landlord in court in an HP Action for repairs and services). Requesting a rent reduction from HCR does not prevent you from also pursuing other remedies.

What happens after I file a complaint with a city agency?
Does the violation get corrected?

In theory, when tenants file complaints with city agencies, the agency will send an inspector and levy fines against landlords for violations that are not fixed. However, in many cases, tenants must be persistent to get an inspection and must take additional steps to force their landlords to make the repairs, including taking the landlord to court.

You can check violations on HPD’s section of the city’s website: nyc.gov/hpd

When you call 311, always ask for and get the complaint number. Call a local elected official to help with follow-up (use these links to look up your New York City Council member, New York State Assemblymember, New York State Senator, Borough President, or Public Advocate.) When calling 311 about a building‐wide condition, get all the tenants in the building to call every day until the problem is fixed.

Once a violation is issued, your landlord will be given a time frame to correct the violation, based on the severity of the condition. However, the city often does not do adequate follow-up, and some landlords simply ignore violations. If that happens, you can sue your landlord for repairs & services in Housing Court, in a case called an HP Action.

Step Three:

Sue your landlord in Housing Court (HP Action for repairs and services)

Tenants may start a lawsuit against their landlords, either individually or as a group of tenants from the same building, based on their landlord’s failure to make repairs or to provide essential services. The procedure is fairly simple and has a good chance of success.

Go to the Housing Court in your borough and ask for paperwork to start a Housing Part (HP) Action. You can get help in filling out the forms at the clerks’ windows, the Court Help Center, or Housing Court Answers, a nonprofit organization that staffs information tables in the Housing Courts.

There is a fee for starting a case, but if you have a low income, you can ask for the fee to be waived. Once you file the forms with the clerk, you will be given a court date and an inspection date. You will have to serve your landlord and the city with a copy of the papers. The clerk will instruct you on how to serve the papers. Be sure to follow the instructions carefully. Also, be sure that you are at home on the date of the inspection and that you return to court on the date and at the time specified, or your case will not be successful.

Prepare for your court date. Print out the list of violations for your building and apartment from HPD’s website: nyc.gov/hpd. Take new pictures of any violations that can be seen. On the date of your hearing, take to court all the evidence you have to prove your case: letters, proof of mailings, photos, heat logs, notices from your landlord, and witnesses, if necessary.

Most HP Actions end with the landlord signing an order to correct violations that are listed on the inspection report and an arrangement for access dates. If your landlord does not show up on the access dates or does not complete the repairs, you can return to court and file an Order to Show Cause to ask for a new court date in the case. In extreme cases when a landlord repeatedly ignores court orders, tenants can ask the judge to order HPD to do the repairs and bill the landlord.

See more step-by-step info on our page on HP Actions

Can I make the repairs or hire someone to do it and deduct the cost from my rent?

New York City does not have an automatic repair and deduct procedure. This means that if you pay for a repair and deduct the cost from the rent, you risk being sued by your landlord in Housing Court in an eviction case for nonpayment of rent. You also risk being sued for money and/or eviction if the work causes damages to property or if your landlord claims that such work was unauthorized and in violation of your lease.

You must first make a reasonable effort to get your landlord to make the repair. If you decide to repair and deduct, protect yourself by keeping proof of the condition needing repair (such as photos) and of your efforts to get your landlord to comply (such as letters to your landlord with proof of mailing from the post office, or violation reports from city agencies). Add any compelling details to a letter to your landlord explaining your decision, such as health concerns for household members. If your landlord takes you to court, you will need to show that you acted reasonably.

Can I withhold rent because I’m not getting repairs or services?

You have a right by law to withhold rent, and you may be entitled to a reduction in the amount of rent owed (called a rent abatement) if you can document that you did not get repairs or essential services for a period of time. (Proof is essential!) However, withholding rent has serious consequences: it could lead to eviction, and your name will show up on tenant screening reports, among other things. Always set aside rent money that you withhold – do not spend it – and always get expert advice before withholding rent. (Go here for help in Finding a Lawyer)

Can my landlord evict me for asking for repairs if I am not rent regulated?

If you ask for a repair from your landlord or a government agency and your landlord either refuses to renew your lease or gives you a significant rent increase within a year, this could be considered retaliation and the courts can give you a new lease for a year.

Preferential Rent

What happens to my preferential rent when I renew the lease?

Your rent goes up by the rent guidelines board. It can ONLY go up to the legal rent at vacancy.

What is preferential rent? What is a “legal rent”?

Why did my landlord offer preferential rent? Should I be grateful, or concerned?

Your landlord may have offered you a preferential rent:

because your landlord was unable to find someone willing to pay the apartment’s legal maximum rent
so that you could qualify for a program with a rent cap (such as Section 8 or FEPS)
as a concession for you doing your landlord a favor (for example, moving to a smaller apartment)

However, your landlord may have offered you a preferential rent to cover up the fact that he has registered a fraudulent “legal” rent for your apartment. The term “legal registered rent” is confusing, because in many cases the amount registered is not legal at all. New York State Homes and Community Renewal (HCR) is the government agency that administers the rent stabilization program. However, landlords are responsible for registering the legal rents for their own apartments with HCR, and the agency does not verify or investigate their claims. The lack of oversight makes it easy for landlords to file false registrations. Only a complaint made by the tenant living in the apartment will trigger an investigation.

Your rent goes up by the rent guidelines board. It can ONLY go up to the legal rent at vacancy.

How do I know if I have a preferential rent?

The first lease you sign when you move in (or the first lease after you are offered a preferential rent) should contain language indicating that the rent is a preferential rent. Sometimes preferential rents are called by a different name. For example, many leases call a preferential rent a “lower rent to be charged” or a “temporary rent concession”.

Unregulated Market

Rent Stabilized Renewals

Am I Rent Stabilized

Renewing your lease in an unregulated/ non-good cause (market-rate) apartment

Does my landlord have to offer me a renewal lease in a market-rate / unregulated apartment?

Your landlord is not required to offer you a renewal lease if you live in an unregulated / market-rate apartment. You may only renew your lease if your landlord agrees to do so.

If you want to remain, you can approach your landlord well before the expiration of your lease and ask to sign a new lease.

Your landlord may:

offer you a renewal lease under the same terms, conditions, and rent levels;
offer you a renewal lease, but change any of the terms and conditions, and/or the amount of rent;
refuse to offer you a renewal lease, but permit you to continue living in the apartment without a lease as a month-to-month tenant; or
refuse to offer you a renew lease, and ask you to leave the apartment

In market-rate / unregulated none good cause apartments, landlords do not need to have a reason to refuse to offer a renewal lease to an existing tenant.

Your landlord does not need to justify changes to the terms and conditions of a new lease, or reasons for raising the rent. This applies no matter your standing as a tenant, nor the length of time that you have lived there. (Issues of discrimination, and retaliation against tenants who complain about the lack of repairs or poor services, are addressed below in this information sheet.)

Legal Disclaimer:

This information pertains only to tenants living in New York City.

If my lease expired and I was not given a renewal offer, can I keeping paying the same rent?

If you live in a market-rate / unregulated apartment, it’s important to clarify with your landlord happens when your lease ends. If you have not signed a new lease by the time your current lease expires, your landlord may expect you to leave – and may begin eviction proceedings at any point after the lease expires – if you have not moved out and returned possession of the apartment to your landlord (including by returning your keys). However, your landlord may be willing let you sign a new lease, or remain without any lease as a month-to-month tenant.

Tenants with leases have many more protections than those who don’t. However, tenants sometimes enter month-to-month arrangements when their landlord is unwilling to sign a new lease – or because the tenant prefers the flexibility of being able to move out on one month’s notice.

If your lease ends and you try to keep paying the rent but your landlord refuses to accept the rent, you are NOT in a month-to-month tenancy.

Your landlord may be preparing to start a court case to have you evicted.

If your lease ends and your landlord continues to accept your rent, you have entered into a month-to-month tenancy arrangement.

As a month-to-month tenant, every month that your landlord collects rent from you, he/she is accepting you as a tenant in that apartment for another month. However, your landlord may end the tenancy by giving you written notice. (If the notice is served in the middle of a month, it becomes effective at the end of the next full month.)

If you have lived in the unit for a year or less, you must get 30 days notice.
If you have lived in the unit for over a year and less then two years, you must get 60 days notice.
If you have lived in the unit more then 2 years you must 90 days notice.

As a tenant you can also end a month-to-month tenancy by telling your landlord in writing that you intend to move out in 30 days. You must continue paying rent for the remainder of time that you live in the apartment. Your notice can cover any 30 day period.

My landlord refused to offer me a renewal lease (or the offer made to me was unreasonable or unaffordable) and gave me notice to leave. What will happen if I’m unable to move out by that date?

If your landlord does not renew your lease and you remain in the apartment, be prepared for your landlord to start an eviction case in housing court agasint you. The case will likely be a holdover case, meaning that your landlord is asking for the right to evict you even if you’re willing to pay the rent. For more, read our information sheet about holdover evictions.

To legally evict you, your landlord must take you to court, win a case against you and get judgment and a warrant before hiring a marshal to do the evictions. You have the right to defend yourself in the court case. It is illegal for your landlord, or someone hired by your landlord (other than a marshal) to remove you or your possessions, prevent you from entering your apartment, or discontinue essential services such as water, heat, or electricity. For more about this, read our information sheet on illegal evictions.

Once you are in housing court, you may be able to get additional time to find a new home before the court allows the marshal to perform the actual eviction. You could negotiate the terms of a move-out with your landlord in court and get that agreement signed, or you could explain to the judge that you need more time to find a new place to live. It is common for judges to give a month – or even a few months – for tenants to find a new apartment. If you don’t move out by that date, you may be able to request additional time from the judge. Usually tenans are ordered to continue paying the rent while they look for a new home, and in some cases judges may look favorably on long term tenants in good standing by granting additional time. However, the amount of time that judge can give you is limited. One year is the maximum amount of time allowed by law, and in many cases judges will be unwilling to give that amount of time.

If you are in a holdover case in an unregulated apartment, eventually you will have to move out or you will be evicted by a city marshal.

I believe that my landlord is refusing to renew my lease based on illegal discrimination. What can I do?

Contact the New York City Human Rights Commission regarding issues of illegal housing discrimination. You can reach the Human Rights Commission by calling 311 from a phone in New York City, or by calling 212-639-9675 from a phone outside of New York City.

I believe that my landlord is refusing to renew my lease in retaliation against me because I complained about services or repairs, or otherwise asserted my rights as a tenant under the law. What can I do?

Retaliation can be raised a defense in holdover eviction cases, but it can be difficult to prove. (Read our information sheet about holdover evictions.) Even if you are successful, the most that a housing court judge can award is the right to one renewal lease, but you cannot be awarded long-term rights to the apartment. Before pursuing this defense, you are strongly advised to discuss the situation with a lawyer.

How long do I have to decide whether to accept a landlord’s offer for a new or renewal lease in a market-rate apartment?

Unlike in the case of rent stabilized lease renewals where the law specifies how many days a tenant must be given to decide whether or not to accept or refuse a renewal lease offer, there is no set time frame for market-rate / unregulated tenants to respond. The first thing to do is check the offer and/or the renewal lease itself to see if they specifiy how long the offer is good for.

If neither the offer nor the lease agreement specify the duration of the offer, then principles of contract law govern.

“An offer that is not irrevocable does not stay open indefinitely. Although an offer does not specify the time by which acceptance must be made, the offer is deemed to be open and available to be accepted for a reasonable time unless sooner revoked. If such reasonable time has passed, the offer is deemed to have lapsed and cannot be accepted.” (New York Practice Series – New York Contract Law § 2:8).

The definition of ‘reasonable’ is not further defined in the law – only by precedent.

Can my landlord revoke his/her offer of a new lease or a renewal lease in a market-rate apartment?

Check the language of the lease and/or the offer. If there is language in the lease or the offer that indicates that it is irrevocable, the landlord cannot change his or her mind. Once the lease is signed by both parties, it becomes a binding agreement.

However, if your landlord has offered you a lease but has not signed it yet, and the lease or offer does not contain language saying that it is irrevocable, your landlord has the right to revoke the offer.

Can my landlord renew my lease without my consent?

In a market-rate apartment, if your lease contains an automatic renewal clause, your landlord must give you advance notice of the existence of this clause between 15 and 30 days before the date at which you are required to inform the landlord that you do not intend not to renew. (General Obligations Law §5-905)

If your lease does not contain an automatic renewal clause, your landlord is not allowed to renew your lease for another term without your permission. If you stay past the end of your lease and your landlord continues to accept rent from you, this does not mean that your lease has been renewed. It means that you have entered into a month-to-month tenancy arrangement (a type of tenancy that can be ended by either the tenant or the landlord upon 30/60/90 days notice.)

Rent Stabilized Lease Renewals

What are the current legal rent increases for rent-stabilized apartments?

For rent-stabilized leases being renewed between October 1, 2025 and September 30, 2026 the legal rent may be increased at the following levels: for a one-year renewal there is a 3% increase, or for a two-year renewal there is a 4.5% increase

To see the guidelines for previous years, refer to the chart of all Rent Guidelines Board orders from 1969 to 2020

Legal Disclaimer

This information pertains only to tenants living in New York City.

Is my landlord required to renew my rent-stabilized lease?

If you live in a rent-stabilized apartment, you have the right under state law to renew your lease for a one or two year term, or to continue living in your apartment by the terms (including the rent level) of your old lease, until your landlord decides to offer you a lease renewal – with some exceptions.

To end your tenancy, your landlord must demonstrate that you have failed to pay the rent; violated a substantial term of your lease; violated something in the rent stabilization code; or have created a nuisance (or someone who lives with you has created a nuisance)

In some cases, a landlord may seek to terminate a tenancy based on the landlord’s intention to use an apartment for personal use or for the use of an immediate family member (owner-use) or because a landlord is seeking to demolish the building or convert it to non-residential use. (Tenants are encouraged to fight back, as there is a high burden of proof placed on landlords who seek to evict tenants on those grounds. Tenants threatened by this type of eviction are strongly encouraged to seek legal counsel.)

Your landlord’s failure to offer you a renewal lease for your rent stabilized apartment does not put you at risk of eviction. Your old lease and rent level stays in effect until your landlord properly offers you a renewal lease.

When is my landlord required to offer me a renewal lease for my rent stabilized apartment, and when am I required to return it?

If you live in a rent-stabilized apartment, your landlord is required to send a renewal lease offer between 90 and 150 days before your existing lease expires. You have 60 days to respond. You have the choice of renewing the lease for one or two years, or moving out and returning possession of the apartment to your landlord at the end of the lease.

You are strongly encouraged to photocopy your renewal lease and keep the copy for your records before you return the original. If the renewal lease was sent by mail, you are also strongly encouraged to keep the envelope it came in, as this may be your only proof of when the offer was sent. You may want to send your lease renewal to your landlord by certified mail, return receipt requested.

The law states that once you send your renewal lease in, your landlord must return a signed copy to you within 30 days, but some landlords ignore this rule. If that happens to you, you can file a complaint with DHCR by using Form RA-90 Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease. However, there is no statutory penalty for a landlord’s failure to return the signed copy of the lease. Once you have signed the renewal lease and sent it back to your landlord, the renewal is considered in effect, and it cannot be revoked. You should begin paying the rent increase when the renewal lease takes effect whether or not you have received a signed copy of the renewal lease from your landlord. Photocopying the lease with your signature before you mail it back to your landlord is useful in resolving disputes that may arise later.

I didn’t return my renewal lease within 60 days. What will happen to me?

If you wait longer than 60 days to return your rent-stabilized renewal lease renewal offer, your landlord may deem your lease renewed, and select a one- or two-year renewal for you. In this case, you will be liable for the rent for this new term. Their right to renew your lease comes from the rent stabilization code (Section 2523.5):

“Where the tenant fails to timely renew an expiring lease or rental agreement offered pursuant to this section, and remains in occupancy after expiration of the lease, such lease or rental agreement may be deemed to have been renewed upon the same terms and conditions, at the legal regulated rent, together with any guidelines adjustments that would have been applicable had the offer of a renewal lease been timely accepted. The effective date of the rent adjustment under the “deemed” renewal lease shall commence on the first rent payment date occurring no less than 90 days after such offer is made by the owner.”

Alternately, your landlord could begin an eviction proceeding against you in court after the lease expires, on the basis that you refused to sign a renewal lease. The courts may allow a late renewal if there is a reasonable excuse, but you are strongly encouraged to consult with an experienced tenant attorney in this situation.

I sometimes pay my rent late – will this affect my stabilized renewal lease?

Your landlord cannot refuse to offer a renewal lease on the basis that you are currently behind in your rent. You are entitled to a renewal lease even when you are in the middle of a nonpayment of rent eviction case in Housing Court. However, be advised that chronic late payment of rent is grounds for a landlord to begin a holdover eviction proceeding against a tenant – whether or not the tenant is behind in the rent at the time of the court case. For more on this, read our information sheet on holdover evictions.

My landlord has not sent my renewal lease – what should I do?

If your landlord does not offer you a renewal lease in the time-frame required by law, you are not in danger of facing an eviction for this, because your old lease remains in effect.

Your landlord’s failure to timely renew your lease may actually work out in your favor. The only thing that occurs upon lease renewal is that your landlord is entitled to raise your rent. The longer it takes for your landlord to offer a lease renewal, the longer it is before you need to pay a rent increase (at least 60 days after the offer) and you can refuse to sign any lease that is back-dated – instead demanding a lease with the proper start date.

Even though the failure to receive a renewal lease in a rent-stabilized apartment does not come witn any additional risks, some tenants feel more secure when they have signed a renewal lease. If you want to complain about your landlord’s failure to renew your lease, you can file a complaint with DHCR by using Form RA-90, Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease.

What can I do if the renewal lease for my rent-stabilized apartment has inaccuracies?

You can face serious consequences for signing lease renewals that contain invalid information. While your refusal to sign a valid renewal lease can be grounds for an eviction, there are many valid reasons you may want to refuse to sign a renewal lease offer, including:

the renewal lease indicates a rent level that is illegally high
the renewal lease changes the terms and conditions of your original lease
your landlord back-dated the renewal lease, indicating either that it was presented to you earlier than it really was, or that the date the lease will take effect is less than 90 days after the renewal was offered
the renewal lease improperly adds or omits names – or misspells names – of you or another primary tenant
the renewal lease contains the name of a tenant who has moved or died, rather than the name of the family member who is claiming succession rights to the apartment

You can return the lease unsigned, send a letter explaining that you do want to renew a proper lease, but that this lease is invalid, and explain the reasons why it is invalid. Keep a copy of the letter you write. Also, photocopy the renewal lease before you return it, and keep the copy – as well as the envelope it came in (if the lease was offered by mail.) It’s advisable to send the invalid renewal lease to your landlord by certified mail, return receipt requested – and keep the certified mail receipt.

You may want to file a complaint with DHCR. You can use Form RA-90, Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease.

My landlord attached a rider to my rent-stabilized lease renewal. Do I have to sign it?

No – you can insist on your right to a lease renewal that has exactly the same conditions as your current lease (with only the amount of rent being adjusted according to permitted guidelines.)

Under Sec. 2523.5 of the Rent Stabilization Code, your landlord must offer to “renew the lease or rental agreement at the legal regulated rent permitted for such renewal lease and otherwise on the same terms and conditions as the expiring lease.”

In most instances, lease riders are unfavorable to tenants – in some cases, dramatically so.

In these situations, you can sign the lease but leave the riders to the lease unsigned and put a large “X” across the entire page of the lease riders. Alternatively, you can send everything back to your landlord and demand a renewal lease that does not contain any riders. For clarity, you may want to write a letter, and keep a copy for your records, stating that you are renewing your lease but not consenting to the attached riders. Photocopy the lease renewal and riders, and keep the copies for your records.

My landlord sent my rent stabilized lease renewal late, and then back-dated it. What can I do?

Your renewal lease should not take effect until a minimum of 90 days after it is offered. When landlords forget to offer leases at least 90 days prior to the expiration of the current lease, they forgo the right to raise the rent as soon as the law allows. Often landlords try to undo the mistake by back-dating the renewal offer, or by making the effective start date fewer than 90 days in the future.
You are not obligated to sign a renewal lease that has been back-dated, or which has a start date fewer than 90 days from when you receive it.

My landlord sent an incorrect/improper renewal lease, and after I complained, I was sent a proper renewal lease. Does the rent increase take effect 90 days after the first renewal was offered, or 90 days after the first PROPER renewal was sent?

The renewal takes effect 90 days after the first proper lease renewal was sent. If you reject an improper lease, you are advised to keep a copy of the improper lease – and the envelope it came in to prove the date of delivery – and to send a written explanation identifying the problems with the lease to your landlord, mailed certified mail, return receipt requested.

I informed my landlord that I do not want to renew my rent-stabilized lease, but now I changed my mind, what can I do?

Consult an experienced tenant attorney. See our information sheet on finding a lawyer.

Is my landlord entitled to raise the rent of my rent-stabilized apartment without sending me a lease renewal?

No – to be eligible for a rent increase, including those approved by the Rent Guidelines Board, your landlord must offer you a renewal lease.

Exceptions apply if your landlord is granted a Major Capital Improvement rent increase from HCR, or if your landlord performs an Individual Apartment Improvement in your unit. Those rent increases may take effect during a lease.

My landlord attached a rider asking me to provide additional personal information. Do I have to provide this information?

No – you are not required to provide any additional personal information to your landlord, and your landlord cannot refuse to offer you a renewal lease or move to end your tenancy based on your refusal to do so. Threats that your lease-renewal will not be processed unless you provide this additional information are void as against public policy. If your landlord asks who lives in your apartment, you are not required to indicate anything more than the name of any family members or roommate who live with you.

Generally, it is not in the best interest of tenants to provide information beyond the names of the apartment occupants. Landlords usually want this information in order to search public records or to aid a private investigator in their search for reasons why they can start eviction proceedings against you.

If your landlord, for example, did not ask you for your social security number before you moved in, you are not required to provide this information later. You also do not need to verify your income, source of income, or your credit-worthiness. In any circumstance, your landlord is not permitted to perform a credit check without your written consent.

Can I add my spouse’s name to the lease when I renew the lease?

Yes. If the apartment is rent-stabilized, you can ask your landlord to add your spouse to the lease at any time. You do not have to wait for lease-renewal time. Simply write a letter to your landlord asking that your spouse be added to the lease, and send the letter by certified mail, return receipt requested, Your landlord is not entitled to charge you a rent increase for this. You can include a copy of the marriage certificate if your landlord asks for proof.

If your landlord refuses, you can file a complaint with New York State Homes and Community Renewal using Form RA-90, Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease, or simply keep a copy of the letter with proof of mailing for future use. The Rent Stabilization Code states that a tenant “shall have the right to have his or her spouse, whether husband or wife, added to the lease or any renewal thereof as an additional tenant where said spouse resides in the housing accommodation as his or her primary residence.”

How Can I Find Out If I Am Rent Stabilized?

What apartments are rent-stabilized?

Rent-stabilization applies to buildings that

are privately-owned
were built and occupied prior to 1974
had at least six individual apartments in 1974 (even if there are fewer now)

Rent-stabilization also covers some new buildlings, when the landlord voluntarily entered the building into rent-stabilization in order to receive tax abatements.

Rent-stabilization does not apply if:

you live in public housing, or your building is owned by a non-profit (including HUD-subsidized)
your building was built or occupied after January 1, 1974 (unless your landlord voluntarily entered the rent-stabilization program)
the building contained fewer than 6 units on January 1, 1974
you moved into your apartment after the building converted into a co-op or condo
If before June 2019 – your apartment was deregulated due to high-rent vacancy decontrol, or high-rent/high-income decontrol. (Note: landlords often claim that apartments were deregulated it was not legal for them to do so.)

What does it mean to be rent-stabilized?

Rent stabilization is a state housing law. There are 1 million rent-stabilized apartments In NYC, Westchester, Rockland, and Nassau counties. Rent Stabilization applies to buildings built before 1974 with 6 or more apartments. Starting in June 2019 any municipality can opt in to be covered by the state law, assuming they meet a couple of specific requirements.

Rent stabilization means your rent increases are determined by the Rent Guidelines Board (Appointed by the Mayor) & that they landlord must renew your lease

How do I know I’m rent stabilized?

While it’s not a guarantee, a good signal that you are rent-stabilized is:

Your building has at least six apartments, and was built before 1974.
Your rent is an unusual number – for example: $1187.59, rather than a round number like $1,200. Rent-stabilized apartments can only go up a certain percentage every year, causing the maximum legal rent to quickly become unusual.
You sign a one-year or two-year lease renewal, and your rent goes up by a certain percentage.
For a one-year lease commencing on or after October 1, 2025 and on or before September 30, 2026: 3%
For a two-year lease commencing on or after October 1, 2025 and on or before September 30, 2026: 4.5%
People in your building pay different amounts of rent for apartments that are similar in size.

It seems like my apartment should be rent stabilized, but my lease says that it is not. What’s the deal?

It’s possible that your landlord is claiming that your apartment is not rent-stabilized, even though it should be. The first thing to find out is whether your landlord has been registering your apartment as rent-stabilized with the New York State Homes & Community Renewal (HCR) – see below for information about getting your rent history.) Get a copy of your apartment’s rent history from the DHCR by texting “MCH” to (855) 610-2450 and following the prompts.

What is a rent overcharge?

There is a maximum legal rent for each apartment, based on the unique history of that apartment. It’s not based on the apartment’s size, nor the going rent of apartments in that area, nor the income of the tenant. Rents can be increased by small amounts every time the lease is renewed, and by larger amounts every time there is a new tenant or the apartment is renovated.
To find out the legal rent for your apartment, start by asking the New York State Homes and Community Renewal (HCR). That is the state agency in charge of overseeing rent-regulated apartments. The agency does not check to find out if the landlord is charging the legal rent. It’s up to you as the tenant to find out.

How can I find out what the legal rent of my apartment should be?

Landlords of rent-stabilized buildings are required to register the rents they charge with the New York State Division of Housing and Community Renewal (DHCR). They may or may not be registering the correct amount, but the first thing you need to do is find out what they have registered.

Get a copy of your apartment’s rent history from the DHCR by texting “MCH” to (855) 610-2450 and following the prompts.

Look at your rent history. It will show the registered rents for your apartment going back to 1984. (The registration may be missing for certain years.)

If you moved into your apartment less than four years ago, you may be able to challenge the legal rent for your apartment. If the previous tenant was paying much less than you are, it may be worth a closer look – for example, if the last tenant was paying $600, and your first rent was $1,100.

Landlords automatically get to raise rents 20% when a new tenant moves in. So if the tenant before you paid $750 per month, the landlord is automatically allowed charge you $900. Landlords also get to raise rents a certain percentage if they make renovations to the apartment. If they make $10,000 of repairs, they may be able to raise the rent by $250 per month. Sometimes landlords claim that they did renovations when they actually did not. A sudden jump in the rent could be an indication of an illegal rent increase – you’ll have to do further research in order to find out.

What can I do if I think I am being overcharged?

You may want to talk to a lawyer about your options. Getting free legal representation can be difficult, but you can always start at the Bronx Housing Court’s Resource Room on the 2nd floor on room 250. If you can’t get a lawyer, you may want to get the help of an advocate who works for one of your local elected officials, like your City Councilmember, State Assemblymember, or State Senator. Find out who your elected officials are by calling 311.

If you’re going to be in court before you have a chance to talk with a lawyer or advocate, you may want to ask for an adjournment – which means that you’re asking to re-schedule your court date – in order to get more time to look into the matter.

Two options – choose carefully:
There are two ways to challenge your rent, and the better option is not always the same for each tenant. You may want to consult a lawyer about which option is better for you.

You may be able to raise the issue of an overcharge as a defense in your housing court eviction case.
You can also challenge your legal rent through DHCR by filing form RA-89 “Tenant’s Complaint of Rent and/or Other Specific Overcharges in Rent Stabilized Apartments”. The DHCR form is available at DHCR offices, on DHCR’s website

If You Want To Break Your Lease

Subletting Your Apartment

Security Deposits

If you want to ‘break’ your lease

Sections of this fact sheet are adapted, with permission, from “How to Break a Residential Lease in NYC: A guide to tenants’ rights, remedies and liabilities”, by Sam Himmelstein for Housing Court Answers, November 2020.

Why are most tenants not usually allowed to break their leases?

It comes as a surprise to many tenants that, in most circumstances, tenants do not have the right to ‘break’ the lease for their apartments (i.e. they cannot move out before the end of their lease – and if they do, they can be charged for the remaining months). The good news, however, is that the same rule works the other way around: Your landlord is similarly unable to ‘break’ your lease (i.e. you cannot be told to leave before the end of your lease) because, for instance, another tenant comes along who is willing to pay more than you. The purpose of a lease is to legally bind both parties to certain conditions, including the length of time the tenant will rent the apartment, and the rent to be charged during that time period.

What are my options for moving out before the end of my lease?

If you want to move out of your apartment before the end of your lease, you may be able to get your landlord to agree to do so – especially if you’re willing to bend a bit. (See question below “What’s the best way to approach my landlord if I want to break my lease?”)

Legal Disclaimer:

This information pertains only to tenants living in New York City.

If your landlord agrees to let you end the lease early, get the agreement in writing, signed by both you and your landlord (preferably in front of a notary) and keep the signed document for your records.

In certain limited situations, you may be able to establish that your landlord has sufficiently breached their end of the contract, and that as a result, the contract is void. Be advised that establishing this legal argument is complicated, and you should seek legal counsel before trying this. If you believe that your landlord breached the contract, but your landlord disagrees, be prepared to defend your position in court, and potentially be liable for the remaining rent.

What happens if I move out mid-lease without my landlord’s permission?

If you move out before the expiration of your lease and don’t pay the rent for the remaining months, your landlord might sue you for the uncollected rent. If you no longer live in the apartment, your landlord will not be able to sue you in Housing Court, and will instead have to sue you in Small Claims Court, Civil Court or Supreme Court (depending on the amount owed).

If you cannot reach an agreement with your landlord and are unable to find a replacement tenant (See question below “What’s the best way to approach my landlord if I want to break my lease?”), you can simply move out and surrender possession of the apartment. You should completely vacate the apartment, notify the landlord in writing and return the keys. Send notice by certified mail, return receipt requested, and keep the proof of mailing for your records. The letter should state:

Dear [Landlord]:

The undersigned tenant of [Apartment Number] at [Address], New York, N.Y (“the apartment”) hereby surrenders possession of and has permanently vacated the apartment, effective immediately. The apartment is vacant and there are no persons or entities in or claiming possession of the apartment. All personal possessions have been removed and the apartment is in broom clean condition. You may re-rent the apartment.

Sincerely,

[Your Name]

While fully vacating and surrendering the apartment does not mean your lease is terminated, it does trigger the landlord’s “duty to mitigate damages”, as outlined in the Housing Stability and Tenant Protection Act (HSTPA) of 2019. This means that if your landlord sues you for the remaining months on your lease, they must show that they made every effort to find a new tenant for those months. If your landlord does find a new tenant and that tenant pays rent for part of your lease period, your landlord cannot sue you for those months that he collected rent from someone else.

What are the exceptions which allow tenants to break their leases?

Exceptions: Seniors

If you or your spouse is 62 or older, you can break the lease if you are re-locating to a nursing home, senior housing, or other adult care facility. You can also break the lease if a physician certifies that you can no longer live in your home (for example, you can’t walk up the stairs in a walk-up, or you can’t live alone any more) and you plan to move in with family members. You must give your landlord 30 days notice (the 30 days must include a full rent payment period) and your notice must be in writing and include proof.

Exceptions: Military Personnel

If you are going into active military service, you can break the lease if it’s in your name. You must notify the landlord in writing and provide a full month’s notice.

Exceptions: Victims of Domestic Violence

If you have a court order of protection and your safety is jeopardized by remaining in the apartment, you may be able to break the lease with ten days’ notice to your landlord. If your landlord does not voluntarily release you from the lease after you provide proper written notice, you can ask the Family Court judge to order the lease terminated.

What if I am unable to pay the rent?

Inability to pay is not grounds for terminating a lease. Your landlord may take you to court in a nonpayment case if you fall behind in the rent. You might be able to reach a settlement agreement in the court case which releases you from the lease and releases you from the obligation to pay ongoing or back rent, but this must be done through a negotiation. Be sure to ask for help from the judge, the judge’s court attorney, or the court’s Help Center, to make sure that your settlement agreement releases you from all future obligation to pay rent and makes clear the moving out requirements.

For more info, see our page on if you just can’t afford the rent.

What if my landlord has refused to make essential repairs or provide essential services?

All tenants in New York City have the right under the law to certain basic services (heat, hot water, plumbing, extermination), to timely repairs, and to a standard of living conditions. You may have rights to additional services (such as an elevator or security) which are outlined in your lease.

If your landlord fails to make repairs or provide these services, you can use the law to force your landlord to provide these things by taking your landlord to court or complaining to state and city agencies. (Read our information sheets on: Getting Repairs, Heat and Hot Water, Broken appliances, Bedbugs, and Mold.) This means that in most cases your landlord’s failure to make repairs or provide services does not allow you to break the lease, but you do have many ways to force your landlord to make the repairs or provide the services, including suing your landlord in an HP Action.

However, if the apartment is “unfit for human habitation” or if your landlord deprives you of access to the apartment, the law gives you the right to break the lease, move out, and not owe the rent going forward. Be prepared for your landlord to sue you for the unpaid rent anyway – including additional months remaining on your lease. The determination of whether or not the apartment is unfit to live in, or whether you were deprived of access to it, would be up to the judge if your landlord sues you for the unpaid rent. Before pursuing this path, you are strongly advised to discuss the situation with a lawyer.

What if the apartment was not ready for occupancy on my move-in date?

If the apartment wasn’t ready for move-in at the start of your lease, either because renovations were not completed or because the previous tenant was still there, the landlord must release you from the lease and refund all the money you paid. Generally “wasn’t ready” means that your landlord would not allow you to move into the apartment, not that it needed minor cleaning nor that minor alterations hadn’t been completed.

What if the condition of the apartment was different from how it was represented by my landlord, an agent of the landlord, or by a real estate broker?

Most apartments are rented ‘as-is’; some initial leases indicate work to be completed or appliances to be installed, and in these cases, tenants are entitled to whatever is described in the lease. However, your landlord’s failure to provide these services on the move-in date doesn’t entitle a you to break the lease unless the apartment isn’t habitable.

What is the best way to approach my landlord if I want to break my lease?

Negotiate, negotiate, negotiate: Reach out to the landlord. If there are extenuating circumstances, explain your situation. See if you can reach an agreement to terminate your lease, such as giving up your security deposit and paying a month or two of rent. Negotiate slowly and deliberately. Don’t put your final offer on the table at the beginning of the negotiations. Don’t betray your anxiety to the landlord. Don’t bargain against yourself. Reaching an agreement with your landlord can help you avoid being sued for the rest of the lease later and can give you peace of mind. If you do reach an agreement, it is critical to get it in writing and signed by the landlord. A lawyer can help you do this, though private attorneys can be expensive (see our page on how to find a lawyer)
Give as much advance notice to the landlord as possible, offer to be flexible in allowing the landlord to show the apartment and offer to help find a replacement tenant.
Where possible, communicate in writing-email is fine-to make a written record.
If you are claiming financial hardship, be prepared to prove it to the landlord if they ask.
Keep your communications between you and the landlord. The landlord will be concerned about the “domino effect” of making an agreement with you and then having other tenants want the same deal.
If your landlord says your apartment is not rent-stabilized, obtain the rent history from the Division of Housing and Community Renewal to see if you can make an argument that your apartment was illegally deregulated and you were overcharged. This can be a very powerful bargaining chip and might even give you second thoughts about leaving.
If you are a rent stabilized tenant, even though vacancy deregulation was repealed by the Housing Stability and Tenant Protection Act of 2019, your landlord might be happy to see you go in order to develop the property or combine your apartment with a neighboring apartment to deregulate it.

If my landlord and I cannot reach an agreement to break my lease, what are my other options?

Request to assign your lease to a new tenant. If you want to assign the rest of your lease to another tenant, you are responsible for finding a suitable replacement tenant. Submit your request for assignment with information on the proposed replacement tenant in writing. If the landlord unreasonably refuses the assignment, there is no assignment but you are released from the lease on thirty days’ notice. If the landlord reasonably refuses consent (the proposed assignee was not in good financial standing or had criminal history etc.), there is no assignment and you are not released from the lease. If you believe that your landlord unreasonably refused consent, you must keep careful documentation and be prepared to defend yourself if the landlord sues you for remaining rent.

If you need to break your lease because you just can’t pay the rent, see our pages about your right to a roommate, paying the rent, and your right to sublet your apartment in the next Tab above.

Subletting Your Apartment

Do I have the right to sublet my apartment?

In New York City, tenants in privately-owned buildings of four or more units have the right to sublet by law, even if the lease forbids it (as such lease provision restricting the right are null and void as a matter of public policy) with the following exceptions:

Public housing residents, and tenants in subsidized housing (HUD, project-based Section 8, etc) do not have the right to sublet.
Non-profit buildings: Tenants in limited-profit or non-profit housing may be prohibited from subletting, or these rights may be further restricted (check your program guidelines).
Co-ops: Tenants in coop (and condo) apartments do not have a right to sublet by law. The rights of such tenants to sublet are governed by the building’s by-laws and the terms of their proprietary lease. (Note: rent stabilized and rent controlled tenants in place before a building’s conversion to a coop retain their rights as rent-regulated tenants, and are not subject to the coop’s or condo’s laws.)
Rent stabilized tenants DO have the right by law to sublet, but rent controlled tenants DO NOT, unless they have a current or prior lease containing a clause that permits them to sublet. (Rent stabilization is the larger of the rent-regulation systems. Rent control applies only to tenancies that began before 1971.)
Tenats with rent subsidies: Tenants who receive Section 8, FEPS, or another rental subsidy; who are in the SCRIE or DRIE program; or who are in a program where the rent is based on income-eligiblity, may be in violation of their program’s rules if they sublet, and are advised to seek legal counsel and check their program’s rules before subletting.

Illegally subletting is grounds for eviction. Tenants are advised to follow proper procedures.

Legal Disclaimer:

This information pertains only to tenants living in New York City.

What is the procedure I must follow when seeking to sublet my apartment?

For tenants who have the right to sublet, certain procedures must be closely followed. Ignoring these steps and proceeding to sublet without the consent of the landlord can lead to eviction. Tenants in rent stabilized apartments must show that they intend to keep the apartment as their primary residence, and that they intend to return to the apartment.

The procedures are:

Send a letter to the landlord by certified mail, return-receipt requested, asking permission to sublet. (Copies of this and all other correspondence sent to the landlord should be kept in a safe place.) This letter must contain the following information:

The term (starting and ending dates) of the sublet, not to exceed two years. If you are uncertain about the term, choose the longer period because it is difficult to extend the sublet later. You can always return early.
The name of the proposed subtenant. (Chose a subtenant from among acquaintances if possible. Subleasing to strangers is risky and often full of unhappy surprises.)
The business and permanent home address of the proposed subtenant.
Your reason for subletting (work transfer, school attendance, family crisis, etc). Your reason must reflect an intent to return.
Your address for the term of the sublet.
The written consent of any co‑tenant or guarantor of your lease.
A copy of the proposed sublease, to which a copy of your lease is attached, if available.
A separate letter wherein both you and your proposed subtenant state that the attached sublease is a true copy of such sublease, which statement must be signed and notarized.

2. Within ten days after mailing the initial request, your landlord is allowed to ask for additional information to enable the landlord to determine if rejection of such a request will be unreasonable. Expect a list of inquiries about the proposed sublessee’s resources and rental history.

3. Within thirty days of mailing the initial notice, or of mailing the additional information if requested by the landlord, your landlord must send you a notice of consent to the sublet, or reasons for refusal.

What are my obligations if my landlord accepts my request to sublet?

If your landlord consents to the sublet, you may sublease to the tenant whose information you provided to the landlord, and you will remain liable for future rents if your subtenant fails to pay the rent.

Rent stabilized tenants have additional responsibilities and obligations. Read further on this page for an explanation of those obligations.

What grounds are considered “reasonable” for a landlord to refuse my request to sublet?

If your landlord reasonably withholds consent, you cannot sublet, and the landlord does not have to release you from the lease

Valid reasons for denying a sublet are:

your failure to follow proper procedures in requesting permission, including failing to provide the minimum information required by law
you did not demonstrate a valid reason for being away (good reasons include: going away for a temporary job assignment, going to school or an educational program; caring for a sick relative; serving in the military)
you did not show that you intend to return to the apartment (for example, you are subletting because you bought a house in New Jersey and want to see how you like it; you took a permanent job in another part of the country)
the proposed subtenant does not qualify because he or she:
does not have a stable source of income that is sufficient to be able to afford the rent
has a poor credit history, or insufficient credit history
has a criminal record
has a history of having been sued for eviction by previous landlords

If my landlord does not meet required deadlines to respond to my sublet request, may I proceed with the sublet?

If your landlord fails to send such a response within the application time, this shall be deemed consent (approval) of the sublet request. (Sending your request certified mail, return-receipt requested, and keeping the receipt as well as the letter, will be some or all of your proof.)

What if my landlord unreasonably denies my request to sublet? What constitutes ‘unreasonable’ grounds?

If your landlord unreasonably withholds consent for your sublet, you may go ahead with the sublet – but be prepared to defend your action in a housing court eviction case. The law allows you to get the landlord to pay your legal expenses if you have to go to court to defend yourself in an eviction case and you win. Unreasonable denials are usually baseless statements such as your subtenant cannot afford the apartment, you do not intend to return to the apartment, or your subtenant is unreliable. If you have proof that these accusations are untrue, you can use them in if the landlord takes you to court. However, you might want to check with a lawyer experienced with subletting issues before proceeding with a sublet after your landlord denies your request.

What are my additional obligations, responsibilities, and rights as a rent-stabilized tenant when subletting?

If you are rent stabilized, you have additional rules to follow and additional rights:

You cannot charge your subtenant more than your current rent unless the apartment is furnished during the sublet. If furnished, you can add a 10% surcharge. The landlord can collect a surcharge equal to the sublet allowance (this is set by the Rent Guideline Board each year in June) if there is one, for the length of the sublet only.

You must maintain the apartment as your primary residence at all times, including the time of the sublet. In your letter requesting permission, you should state this and that you intend to return to the apartment at the end of the sublet. To prove primary residence status, you should pay New York City resident income tax and list the apartment as your residence on any driver’s license, insurance, car registrations, voting records, or other things that ask for residency information. If you fail to maintain the apartment as your primary residence, you open yourself to the threat eviction.

You have the right to a renewal lease, and if your building undergoes conversion to condominium or cooperative ownership, you have the rights of a resident

The law limits your sublet to two years, including the term of the proposed sublease, out of the four year period preceding the termination date of the proposed sublease. Your landlord can grant you a longer term, but the law allows him to refuse if you ask. If your landlord agrees to let it go longer, get it in writing.

The term of the sublease can go beyond your current lease, and becomes subject to the terms of your renewal lease. For example, if you sublet for two years, but your own lease expires and is renewed in the middle, you can pass on any rent increases to the subtenant.

If you overcharge your subtenant, the subtenant can use the law protecting rent stabilized tenants against overcharges. The subtenant might win damages of three times the overcharge, attorney’s fees, and interest on the overcharge.

What can I do if my landlord accuses me of illegally subletting?

If your landlord rejects a proposed sublease, it is strongly recommended that you consult an experienced attorney before proceeding with any sublet.

Security Deposits

How much of a security deposit is my landlord allowed to require?

Regulated or unregulated the amount of a security deposit is limited by law to one month’s rent.

Is it legal for my landlord to require a last month’s rent in addition to a first month’s rent?

Landlords are not permitted to ask for the last month’s rent upfront.

My landlord is demanding more than one month’s worth of a security deposit for a rent-stabilized apartment. What can I do?

If you have not yet rented an apartment, be warned that until you sign a lease, refusing to accept the terms being offered by the landlord may result in the offer of the apartment being rescinded.

If you live in a rent-regulated apartment, your landlord demanded more than one month’s security, and you paid it, you may file form Form RA-89 “Tenant’s Complaint of Rent Overcharges and/or Excess Security Deposit” with the New York State Division of Homes and Community Renewal. (Download Form RA-89 or call (833) 499-0343.)

Legal Disclaimer:

This information pertains only to tenants living in New York City.

Do I have to increase my security deposit every time I renew my lease?

Your landlord is entitled to a security deposit equal to one month’s rent, so your landlord can ask for an additional amount at each lease renewal. If your landlord did not ask for an increase in the amount at previous lease renewals, he/she has not waived the right to do so in the future. Your landlord may demand the remaining balance to bring the security deposit up to the equivalent of one full month’s rent.

I am enrolled in the SCRIE or DRIE program – do I have to pay increases in my security deposit when my rent goes up?

Even though tenants in the Senior Citizen Rent Increase Exemption (SCRIE) program and the Disability Rent Increase Exemption (DRIE) program are exempt from paying rent increases when their rents go up, these tenants are still responsible for paying increases in the security deposits for their apartments.

My landlord has not returned my security deposit. What can I do to get the money back?

If you disagrees with your former landlord over the return of the security deposit or payment of interest you may take the following steps:

If the problem is building-wide, you may contact the Consumer Frauds and Protection Bureau of the New York State Attorney General’s Office. You may contact the Attorney General’s office at 212-416-8345 or download their Rent Security Complaint Form (also available in Spanish).

If problem is not building wide, you may seek recovery of your security deposit by starting a legal proceeding against your former landlord in Small Claims Court. (The New York State Attorney General’s office offers assistance in some cases to tenants who do not receive their security deposit, but in most cases tenants must fight on their own through Small Claims Court.)

Your landlord has 14 days to return your security deposit. They must give you a detailed list of why they did not return the full security deposit.

Your landlord can retain part or all of the security deposit of tenants to recover:

unpaid rent
physical damage to the apartment beyond normal wear & tear

Can I use my security deposit as my last month’s rent?

If you move out without paying the last month’s rent, the landlord can sue you in court for that rent. Security deposits are not meant for that purpose. However, moving out without paying the last month’s rent is a common practice in New York when the landlord holds a security deposit equal to a month’s rent – just be aware that doing so comes with a risk.

Can I get back my security deposit before I move out?

You cannot force your landlord to return any portion of your security deposit before you move out, but some landlords might be willing to, especially if they are happy to have you leave. As with any move out, try to arrange for the landlord or someone authorized by the landlord to look at the apartment after your furniture is out to sign a statement that they agree that the apartment is undamaged, “broom clean”, no rent is owed, and that they have received the keys.

How can I best prepare myself to get my security deposit back?

You must leave an apartment empty of things and people when moving out. That means you cannot leave a subtenant or furniture in the apartment. Most leases require that tenants leave the apartment “broom clean” when moving out. This means that there is no furniture, garbage, or debris in the apartment. It also means that you are not expected to scrub every surface clean. If you damaged the apartment, either repair the damage or discuss the cost with the landlord. Make sure that you are caught up on the rent and have receipts for the rent payments.

When you move out try to arrange for the landlord or someone authorized by the landlord to look at the apartment after your furniture is out to sign a statement that they agree that the apartment is undamaged, “broom clean”, no rent is owed, and that they have received the keys. If there is any doubt, take photos of the apartment or get a witness to come in and see that the apartment is undamaged.

Tip: when taking a photo of the condiiton of your apartment, hold up a copy of the front page of that day’s daily newspaper with the headline visible in the picture, as part of proving the date in which you took the picture.

My former landlord claims that I ‘damaged’ the apartment and is withholding the security deposit… what can I do?

If you wish to recover a security deposit after you moved out and the landlord won’t return it, you can sue the landlord in Small Claims Court if the amount is under $5000. Be prepared to show proof that the rent was fully paid and the apartment was undamaged when you left.

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