What to Look for in a Rent-Stabilized Lease

TL;DR: A proper rent-stabilized lease must include specific riders, disclosures, and language required by law. Missing or incorrect items could mean you're being overcharged or your rights aren't protected. This guide shows you exactly what to check before signing.

The Must-Have Documents

When signing a rent-stabilized lease, you should receive:

The main lease document (standard form)
Rent Stabilization Rider (required by law)
Rent Stabilization Lease Rider Supplement (if applicable)
Lead Paint Notice (for pre-1978 buildings)
Window Guard Notice (annual requirement - guards mandatory only if child ≤10 lives there or tenant requests)
Bedbug Disclosure (building's bedbug history)
Flood Risk Disclosure (required since June 2023)
Fire Safety/Emergency Preparedness Guide (for buildings with 3+ units)

Missing any of these? Red flag. 🚩

The Rent Stabilization Rider: Your Most Important Document

What It MUST Include:

✓ Your Legal Regulated Rent

The actual maximum rent allowed by law
Not just what you're paying (if preferential)
Should match DHCR records

✓ Your Preferential Rent (if applicable)

The lower rent you're actually paying
Clear statement that it's "preferential"
Duration (lease term only vs. tenancy)

✓ Previous Tenant's Rent

What the last tenant paid
Required for transparency
Helps you verify legal increases

✓ Signature Lines

Both you and landlord must sign
Date of signatures
Keep your copy forever

Example of Proper Rider Language:

Legal Regulated Rent: $2,745.00
Preferential Rent: $2,400.00 (for this lease term only)
Previous Legal Regulated Rent: $2,671.00
This housing accommodation is subject to Rent Stabilization Law.

Key Lease Clauses to Examine

1. Renewal Rights Clause

Look for: "Tenant has the right to a renewal lease for one or two years at tenant's choice"

Red flag: Any language suggesting renewal is at landlord's discretion

2. Rent Amount Section

Should show:

Monthly rent amount
Security deposit (max 1 month)
When rent is due
Late fee terms (capped at $50 or 5% of rent, whichever is less, only after 5 days late)

Watch out for:

"Additional fees" beyond rent (application fees capped at $20; amenity/processing fees are void)
Security deposit over 1 month
Late fees exceeding legal limits

3. Lease Term

Standard options:

1-year lease
2-year lease
You choose, not the landlord

Red flag: Only offering month-to-month (unenforceable for stabilized units) or requiring longer than 2 years

4. Succession Rights Language

Must include: Notice about family members' rights to succeed to the tenancy

Exact language varies but should mention: "Family members who have resided with the tenant... may have the right to succession"

Common Tricks to Watch For

🚩 The "Deregulated" Scam

Lease claims apartment is "deregulated" but building has 6+ units and was built before 1974. Always verify with DHCR.

🚩 Hidden IAI Charges

Lease mentions "improvements" that justify huge rent increases. Since 2019, IAI increases are capped at 1/168 of costs (max $15,000), phased out after 30 years, plus 2.2% first-year surcharge. Demand itemized receipts and proof of work.

🚩 Missing Prior Rent

Rider doesn't show what previous tenant paid. This is required;don't sign without it.

🚩 Fake Preferential Rent

Claims you're getting a "deal" but the "legal rent" seems impossibly high. Check DHCR history.

🚩 Illegal Clauses

Waiving your right to renewal
Agreeing not to file complaints
Accepting future rent increases above RGB
Giving up succession rights

These are VOID even if you sign them!

Pre-Signing Checklist

Before You Sign, Verify:

[ ] Building is registered with DHCR as rent-stabilized
[ ] Rent matches RGB increase limits from prior tenant
[ ] All riders are attached and signed
[ ] Legal rent on rider matches DHCR records
[ ] No illegal fees beyond rent and security
[ ] Renewal rights are clearly stated
[ ] Your name is spelled correctly (important for succession)

Questions to Ask:

"Is this the rent stabilization rider?"
"What was the previous tenant's rent?"
"Can I see the DHCR apartment registration?"
"Are there any other fees not listed here?"
"Is this preferential rent for my entire tenancy?"

Reading the Fine Print: Line by Line

Lease Start/End Dates

Must be clear and specific
Can't be retroactive
Should align with when you get keys

Payment Terms

Good: "Rent due on the 1st of each month"
Bad: "Rent due on demand"

Maintenance Responsibilities

Landlord must maintain habitability
You're responsible for cleanliness
Can't shift major repairs to you

Pet Policy

If you have pets, get it in writing
"No pets" clauses are enforceable
Emotional support animals are different (federal law)

After Signing: Protect Yourself

1. Make Copies

Full executed lease with all signatures
Every rider and attachment
Scan and save digitally
Store originals safely

2. Register Your Info

Update voter registration
Change address with DMV
Update bank statements
Helps with succession rights

3. Document Everything

Photos of apartment condition
All correspondence with landlord
Rent payment receipts
Repair requests

4. Know Your Timeline

Mark your calendar:

150 days before expiration: Watch for renewal
90 days: Renewal offer deadline
60 days: Your response deadline

Sample Lease Review

What a Proper Stabilized Lease Page Looks Like:

APARTMENT: 3B                    MONTHLY RENT: $2,400.00
TERM: September 1, 2024 - August 31, 2025 (1 Year)
SECURITY DEPOSIT: $2,400.00

RENT STABILIZATION NOTICE: This apartment is subject to 
Rent Stabilization. See attached Rider for legal regulated 
rent and tenant protections.

RENEWAL RIGHTS: Tenant has the right to renewal lease
at RGB-approved increases.

Red Flag Version:

APARTMENT: 3B                    MONTHLY RENT: $2,400.00*
TERM: Month-to-month beginning September 1, 2024
SECURITY: First, Last, and Deposit: $7,200.00

*Rent subject to increase at owner's discretion
This is a free market apartment

Special Situations

If You're Offered Preferential Rent:

Get duration in writing (lease term vs. tenancy)
For leases after June 14, 2019: preferential rent lasts entire tenancy
For pre-2019 leases: can jump to legal rent at renewal
Calculate if it's really a deal
Consider long-term costs

If Building Has J-51/421-a:

These are temporary stabilization programs
Ask when tax benefits expire
Your rights may end with the benefits
Get this timeline in writing

If It's a Condo/Co-op Rental:

Individual owners may not know the law
Building might still be stabilized
Check if other units are regulated
Verify with DHCR, not owner

What If They Won't Provide Proper Documents?

Your Options:

Don't sign - Missing documents = missing protections
Request in writing - Email/text creates a record
Contact DHCR - They can confirm status
Consult an attorney - Many offer free consultations
Report to AG - Failure to provide rider is violation

Template Request:

"Before signing, I need the required Rent Stabilization Rider showing the legal regulated rent and previous tenant's rent, as mandated by DHCR. Please provide this along with the current apartment registration. Thank you."

Final Tips

💡 Never feel rushed to sign
Take the lease home, read it carefully, sleep on it.

💡 Everything is negotiable until signed
Even stabilized rents can be negotiated down.

💡 Get promises in writing
Verbal agreements about repairs, move-in dates, or rent don't count.

💡 Trust your gut
If something feels wrong, it probably is. There are other apartments.

Find Your Next Properly-Documented Stabilized Apartment

👉 Set up RentReboot alerts to get notified of verified rent-stabilized listings where landlords properly disclose all required information upfront.