Your Rights as a Rent-Stabilized Tenant in NYC

TL;DR: Rent-stabilized tenants have powerful protections including guaranteed lease renewals, limited rent increases, the right to essential services, succession rights for family, and strong anti-harassment safeguards. Know these rights;landlords count on you not knowing them.

Core Rights Every Stabilized Tenant Has

1. Guaranteed Lease Renewal

Your landlord MUST offer you a renewal lease. They can only refuse for specific legal grounds: non-payment, lease violations, owner occupancy, non-primary residence, planned demolition, or illegal subletting. This is your #1 protection against displacement.

2. RGB-Capped Rent Increases

Rent can only increase by the percentages set by the Rent Guidelines Board. For 2024-2025: max 2.75% (1-year) or 5.25% (2-year). Anything higher is illegal.

3. Essential Services Protection

Your landlord must maintain:

• Heat (68°F from 6am-10pm when outside temp is below 55°F; 62°F overnight Oct 1 - May 31)
• Hot water (120°F minimum, 24/7 year-round)
• Security (if previously provided)
• Elevator service
• Repairs and maintenance

4. Succession Rights

Family members who've lived with you for 2+ years (or 1 year for seniors/disabled) can take over the lease when you leave. This keeps apartments in families for generations.

Your Renewal Rights Timeline

Pro tip: Send your signed renewal back via certified mail to prove delivery. Take photos of everything.

Rights During Your Tenancy

✅ Right to Repairs Without Retaliation

• Report issues to 311 or HPD without fear
• Landlord can't evict you for complaining
• You can organize with other tenants

✅ Right to Refuse Illegal Fees

You should NOT pay for:

• Broker fees (if landlord hired the broker - per FARE Act effective June 2025)
• "Administrative fees"
• Credit check fees over $20
• More than 1 month security deposit

✅ Right to Sublet

• Sublet for up to 2 years (out of any 4-year period)
• Need landlord consent, but they can't unreasonably refuse
• Must follow proper procedure with 30-day notice

✅ Right to Install Safety Devices

• Additional locks (must provide landlord a key)
• Window guards (required if kids under 11)
• Carbon monoxide/smoke detectors

Protection Against Harassment

Harassment Red Flags:

🚩 Repeated "inspections" without proper notice
🚩 Threatening to call immigration/police
🚩 Cutting off utilities or services
🚩 Offering buyouts with pressure tactics
🚩 Excessive noise from "construction"
🚩 Frivolous eviction proceedings

What You Can Do:

1. Document everything (photos, videos, written log)
2. Call the Tenant Harassment Hotline: 917-661-4500
3. File an HP action in Housing Court
4. Report to the Attorney General: ag.ny.gov

Remember: Harassment is a crime. Landlords can face fines up to $10,000 per violation.

Your Rights If Things Go Wrong

If Your Landlord Won't Make Repairs:

1. Call 311 → Creates official record
2. Send written notice → Via certified mail
3. Request HPD inspection → Free city service
4. Withhold rent in escrow → Through Housing Court
5. Make repairs & deduct → For emergencies (courts decide reasonableness; safer to use HP action first)

If You Get an Eviction Notice:

DON'T PANIC. In NYC, only a marshal with a court order can evict you. The process takes months.

1. You have the right to a lawyer → Call Housing Court for free representation
2. Show up to court → Missing dates = automatic loss
3. Bring your evidence → Rent receipts, lease, photos
4. Most cases settle → Often with time to pay or move

Succession Rights: Keeping It in the Family

Who Qualifies:

• Spouse (no time requirement)
• Family members who lived with you 2+ years
• Seniors/disabled family who lived with you 1+ year

What "Family" Means (Broader Than You Think):

• Traditional family (kids, parents, siblings, grandparents)
• Life partners and their children
• Anyone with emotional and financial commitment

How to Protect Succession Rights:

1. Add names to bills (electric, cable, etc.)
2. File taxes from the apartment
3. Update voter registration
4. Keep medical records showing address
5. Document shared finances if applicable

Overcharge Rights & Remedies

You Might Be Overcharged If:

• Rent increased more than RGB allows
• You pay more than the registered rent
• "Preferential rent" suddenly jumps to "legal rent"
• IAI (Individual Apartment Improvement) increases seem inflated

Your Overcharge Remedies:

1. File with DHCR within 6 years (HSTPA extended the lookback period)
2. Potential refund of all overcharges
3. Interest on overcharged amounts
4. Triple damages if willful
5. Rent freeze until resolved

Special Protections

For Seniors (62+):

• SCRIE/DRIE rent freeze programs
• Enhanced succession rights (1 year vs 2)
• Special protections against eviction

For Disabled Tenants:

• Right to reasonable accommodations
• Can't be denied renewal due to disability
• Enhanced succession rights

During Building Sales:

• Your lease survives the sale
• New owner takes it "subject to" existing tenancies
• No right to evict just because of ownership change

Know Your Documents

You Should Have Copies Of:

📄 Your current lease (and all renewals)
📄 Rent stabilization rider (lists legal rent)
📄 All rent receipts (or bank records)
📄 DHCR registration (annual apartment registration)
📄 Any notices from landlord

Can't find them? Request from DHCR: rent.hcr.ny.gov/RentConnect/

Quick Rights Reference Card

They CAN'T:

• ❌ Evict without court order
• ❌ Lock you out (ever!)
• ❌ Remove your belongings
• ❌ Shut off utilities
• ❌ Refuse renewal (except limited grounds)
• ❌ Raise rent mid-lease
• ❌ Enter without reasonable notice (except emergency)

You CAN:

• ✅ Organize with neighbors
• ✅ Have guests and family stay
• ✅ Report violations without retaliation
• ✅ Live peacefully without harassment
• ✅ Transfer lease to qualifying family
• ✅ Challenge any illegal rent increase

Get Help (All Free Services)

Housing Court Help Center: 646-386-5750
Met Council on Housing Hotline: 212-979-0611
DHCR Rent Info Line: 718-739-6400
Tenant Harassment Hotline: 917-661-4500
NYC Bar Legal Referral: 212-626-7373

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