How do I find out if my NYC apartment is rent-stabilized?

Several methods work: (1) Check your lease — rent-stabilized leases must include a Rent Stabilization Lease Rider (form RTP-8) stating the legal regulated rent. (2) Search the DHCR's Rent Stabilization Lookup tool at apps.hcr.ny.gov/BuildingSearch. (3) Request your apartment's rent history from DHCR via a Freedom of Information Law (FOIL) request. Buildings built before 1974 with 6 or more units in NYC are generally covered unless they were deregulated.

What is Good Cause Eviction and how does it apply in NYC?

The Good Cause Eviction law, enacted in April 2024, applies automatically in New York City and covers most market-rate rental apartments not already covered by stronger local protections. It limits annual rent increases to 5% plus the local CPI (capped at 10%) and requires landlords to show a legally recognized reason (good cause) before refusing to renew a lease or commencing a nonpayment proceeding. In NYC, most units not covered by the RSO or other stronger laws fall under Good Cause — but single-family homes, condos, and some recently constructed buildings may be exempt. Consult a housing attorney to confirm your unit's coverage.

My landlord is raising my stabilized rent by more than the RGB guideline — what can I do?

You can file a rent overcharge complaint with the DHCR. Under HSTPA 2019, tenants can look back up to 6 years for overcharges. If the DHCR finds a willful overcharge, it can award treble damages (three times the overcharge amount) plus interest and attorney's fees. File your complaint promptly — the process takes time, but the lookback period protects you.

Can a NYC landlord keep my security deposit for normal wear and tear?

No. Under New York law, a landlord can only deduct from your security deposit for actual damages beyond normal wear and tear, unpaid rent, and certain cleaning costs if the unit was left in significantly worse condition than received. The deposit must be returned within 14 days of the tenancy ending with an itemized written statement. If the landlord fails to return the deposit within 14 days without a written itemization, they lose the right to retain any portion of it.

How do I find out if my NYC apartment is rent-stabilized?

Several methods work: (1) Check your lease — rent-stabilized leases must include a Rent Stabilization Lease Rider (form RTP-8) stating the legal regulated rent. (2) Search the DHCR's Rent Stabilization Lookup tool at apps.hcr.ny.gov/BuildingSearch. (3) Request your apartment's rent history from DHCR via a Freedom of Information Law (FOIL) request. Buildings built before 1974 with 6 or more units in NYC are generally covered unless they were deregulated.

What is Good Cause Eviction and how does it apply in NYC?

The Good Cause Eviction law, enacted in April 2024, applies automatically in New York City and covers most market-rate rental apartments not already covered by stronger local protections. It limits annual rent increases to 5% plus the local CPI (capped at 10%) and requires landlords to show a legally recognized reason (good cause) before refusing to renew a lease or commencing a nonpayment proceeding. In NYC, most units not covered by the RSO or other stronger laws fall under Good Cause — but single-family homes, condos, and some recently constructed buildings may be exempt. Consult a housing attorney to confirm your unit's coverage.

My landlord is raising my stabilized rent by more than the RGB guideline — what can I do?

You can file a rent overcharge complaint with the DHCR. Under HSTPA 2019, tenants can look back up to 6 years for overcharges. If the DHCR finds a willful overcharge, it can award treble damages (three times the overcharge amount) plus interest and attorney's fees. File your complaint promptly — the process takes time, but the lookback period protects you.

Can a NYC landlord keep my security deposit for normal wear and tear?

No. Under New York law, a landlord can only deduct from your security deposit for actual damages beyond normal wear and tear, unpaid rent, and certain cleaning costs if the unit was left in significantly worse condition than received. The deposit must be returned within 14 days of the tenancy ending with an itemized written statement. If the landlord fails to return the deposit within 14 days without a written itemization, they lose the right to retain any portion of it.

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New York City, New York

NYC Tenant Rights: Rent Stabilization, DHCR & Lease Protections

New York City has the most complex and tenant-protective rental regulatory system in the United States. Rent stabilization covers nearly half the city's rental units, the 2019 HSTPA closed longstanding loopholes, and the April 2024 Good Cause Eviction law extended protections to market-rate renters in New York City. Knowing which laws apply to your apartment is essential.

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NYC's Rental Regulatory System

New York City is home to approximately 2.3 million rental units — the largest rental market in the United States. Nearly half are rent-stabilized, governed by the NYC Rent Stabilization Law and administered by the Division of Housing and Community Renewal (DHCR) and the NYC Rent Guidelines Board (RGB), which sets allowable annual increases each June.

The Housing Stability and Tenant Protection Act of 2019 (HSTPA) was a sweeping reform that eliminated most pathways to deregulate stabilized apartments, capped preferential rent increases, limited rent increases for major capital improvements and individual apartment improvements, and strengthened harassment protections. The Good Cause Eviction law (April 2024) extended rent cap and just-cause protections to most market-rate tenants in New York City (other municipalities may opt in).

NYC Tenant Protections

NYC Rent Stabilization covers approximately one million apartments — primarily in buildings of 6 or more units built before 1974. Stabilized tenants' rents can only increase by the percentage set annually by the NYC Rent Guidelines Board (RGB).
Rent-stabilized tenants have the right to a lease renewal on substantially the same terms, with only guideline-permitted increases. A landlord cannot refuse to renew without a legal basis.
The Good Cause Eviction law (enacted April 2024) applies automatically in New York City. Other New York municipalities may opt in via local legislation. It limits annual rent increases for non-rent-stabilized apartments to 5% plus local CPI (max 10%), and requires landlords to show good cause before nonrenewal or eviction.
Security deposits are capped at one month's rent under the 2019 Housing Stability and Tenant Protection Act (HSTPA). Any deposit exceeding one month must be returned, and landlords must return deposits with an itemized statement within 14 days of tenancy end.
NYC provides a free Right to Counsel for low-income tenants facing eviction in Housing Court in all five boroughs — qualifying tenants are entitled to a free attorney, not just advice.
The Division of Housing and Community Renewal (DHCR) administers rent stabilization statewide. Tenants can file complaints about rent overcharges, improper deregulation, and service reductions at nyshcr.gov.
For non-payment of rent, NYC landlords must serve a 14-day rent demand notice before filing a proceeding in Housing Court — this is a mandatory prerequisite to the court process.
Landlords are prohibited from retaliating against tenants for filing DHCR complaints, organizing a tenant association, or exercising any legal right — retaliatory eviction is an affirmative defense in Housing Court.

Major Capital Improvements (MCI) & Individual Apartment Improvements (IAI)

In rent-stabilized buildings, landlords can apply to DHCR for rent increases to recover the cost of building-wide improvements (MCIs — e.g., new boiler, roof, windows). After HSTPA 2019, MCI increases are temporary — they expire once the cost is recovered — and are capped at 2% of the regulated rent per year. IAIs (work in individual apartments) can also support rent increases, but HSTPA capped total IAI increases to $30 per $1 spent on improvements, reduced from prior law. Tenants have the right to challenge both MCI and IAI applications at DHCR by submitting written objections during the comment period.

NYC Lease Red Flags

Missing rent stabilization rider — rent-stabilized leases must include a Rent Stabilization Lease Rider (form RTP-8) disclosing the legal regulated rent. If your lease omits this, you may have grounds to challenge the rent being charged.
Preferential rent clauses — some stabilized leases set rent below the legal regulated rent (a 'preferential rent'). After HSTPA 2019, landlords can no longer jump to the full legal rent at renewal — they can only raise by the RGB guideline amount. Beware of pre-2019 leases with preferential rent language.
Deregulation attempts through substantial rehabilitation — landlords sometimes claim units were 'substantially rehabilitated' to exit rent stabilization. This claim requires DHCR approval and must meet strict legal standards; review any such claim carefully.
High amenity and building service fees in luxury buildings — market-rate leases in new luxury buildings often include monthly fees for amenities (gym, concierge, package room) that are not separately regulated. Confirm whether these fees are included in rent for Good Cause purposes.
Lease clauses purporting to waive DHCR rights — any provision in a lease that waives your right to file a DHCR complaint, seek a rent overcharge determination, or participate in a DHCR proceeding is void under New York law.
Broker fee obligations shifted to tenants — under the NYC Fairness in Apartment Rental Expenses (FARE) Act effective June 2025, the party who hires the broker (typically the landlord) must pay the broker's commission. Lease clauses requiring tenants to pay broker fees hired by the landlord are now unlawful.

NYC Tenant Resources

NYC has an exceptionally strong ecosystem of tenant advocacy organizations, city agencies, and legal aid providers. Whether you need help challenging a rent overcharge, defending an eviction, or understanding your stabilization status, these resources can help:

→Division of Housing and Community Renewal (DHCR) — Handles rent stabilization complaints, overcharge claims, MCI applications, and preferential rent questions at nyshcr.gov.
→NYC Housing Court — Free right to counsel for qualifying low-income tenants in eviction proceedings — apply at the Housing Court Help Center in your borough.
→Met Council on Housing — Tenant education, a free telephone hotline, and organizing support. One of NYC's oldest tenant advocacy organizations.
→Legal Aid Society — Provides free legal representation to low-income New Yorkers in Housing Court eviction cases and DHCR proceedings.
→Tenant Protection Unit (NY Attorney General) — Investigates systemic landlord fraud — including illegal deregulation schemes — and can seek injunctions and restitution for tenants.

Frequently Asked Questions

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