• Rent Stabilization
• Rent Control (MBR/ Fuel)
• Overcharge
• Leases
• Services
• Succession
• MCI (Major Capital Improvements) & IAI (Individual Apartment Improvements)
• Special Rights of Senior Citizens and Disabled Persons
• High-Rent Vacancy Deregulation & High-Rent High-Income Deregulation
• Harassment
• Eviction
• Miscellaneous Topics
  
  • Fire Damaged/Vacate Order Apartments
  • Appealing an Order (PAR)
  • Electrical Conversion
  • Security Deposits
  • Subletting
  • Appliance Surcharges
  • Air Conditioning
  • Roommates

---

Rent Stabilization

FAQ's:

• What is the difference between Rent Control and Rent Stabilization?
• If a tenant is renting an apartment in a building that is a co-op, is he or she rent regulated?
• How do I know if my apartment is Rent Regulated?
• Is the owner of rent stabilized apartments required to register the rents?
• I live in a building that I believe  receives either 421-g or 423 tax abatements. Is my apartment subject to rent stabilization?

Fact Sheets:

Fact Sheet #1: Rent Control and Rent Stabilization

Policy Statements:

No. 89-7
Collection of Administrative Fees: Housing Accommodations Permanently Not Subject to the RSL or ETPA and Application Form

Opinion Letters:

November 29, 2006: COL-2140
Summary - Converting a Building to Less Than 6 Units

December 19, 2000: COL-1002
Summary - Exit Registrations for Deregulated Units

May 9, 1996: COL-9030
Summary - Erroneous Registrations do not Supersede Statute

Back to Topic List

---

Rent Control - MBR/FUEL

FAQ's:

• What is the difference between Rent Control and Rent Stabilization?
• How do I know if my apartment is Rent Regulated?

Fact Sheets:

Policy Statements:

Forms:

• RA-33.10 - Owner’s Report, Certification and Notice of Fuel Cost Adjustment Eligibility
  This form must be completed online.
  Fuel Cost Adjustment - Summary of Price Changes

  
  
  
• MBR Application - 2016-17 Maximum Base Rent (MBR) Application
  
  Complete the 2016-17 Maximum Base Rent (MBR) Application online
  
  Includes:

  VC-2:
  Notice Re 2016-17 Maximum Base Rent (MBR ) Program (For Buildings With Rent Controlled Apartments)

  VC Instructions:
  Instructions for 2016-17 Maximum Base Rent Program
  Instructions for Violation Certification 2016-17 MBR Cycle

  VC :
  Violation Certification 2016-17 Maximum Base Rent
  Instruction Highlights for Violation Certification, 2016-17 MBR Cycle

  OMESC Instructions:
  Instructions for 2016-17 Operation and Maintenance and Essential Service Certification

  OMESC:
  Operation & Maintenance and Essential Services Certification 2016-17 Maximum Base Rents
  Schedule A
  2016-17 Maximum Base Rent

  OMESC Schedule:
  Rent Schedule of All Apartments for Operation & Maintenance and Essential Services Certification 2016-17 Maximum Base Rents

  
  
• MBR Application - 2014-15 Maximum Base Rent (MBR) Application
  
  Complete the 2014-15 Maximum Base Rent (MBR) Application online
  
  Includes:
  

  VC-2:
  Notice Re 2014-15 Maximum Base Rent (MBR) Program (For Buildings with Rent Controlled Apartments)

  VC Instructions:
  Instructions for 2014-15 Maximum Base Rent Program
  Instructions for Violation Certification 2014-15 MBR Cycle

  VC:
  Violation Certification - 2014-15 Maximum Base Rent
  Instruction Highlights for Violation Certification, 2014-15 MBR Cycle

  OMESC Instructions:
  Instructions for 2014-15 Operation and Maintenance and Essential Services Certification

  OMESC:
  Operation & Maintenance and Essential Services Certification - 2014-15 Maximum Base Rents
  Schedule A
  2014-15 Maximum Base Rent

  OMESC Schedule:
  Rent Schedule of All Apartments for Operation & Maintenance and Essential Services Certification 2014-15 Maximum Base Rents

  
  
• RA-94 MBR - Challenge Re: Maximum Base Rent Order
• 2012-13 MBR application

• RAC-2202.13 - Tenant Challenge To Owner's Report and Certification of Fuel Cost Adjustment (FCA)

Back to Topic List

---

Overcharge

FAQ's:

• Under what circumstances can a late fee and/or legal fees be charged?
• How much of an increase in rent will I have to pay in NYC when my lease is renewed?
• What are the legally permissible methods for increasing the rent of a rent regulated apartment?
• Is a building owner required to provide a tenant with an itemized bill?
• May an owner collect a lease or maximum collectible rent increase from a tenant when a DHCR rent reduction order for decrease in services is still in effect?
• Are tenants required to pay NYC Sales Tax to the owner on a garage/parking space that is subject to Rent Stabilization?

Fact Sheets:

Policy Statements:

No. 89-2
Application of the Treble Damage Penalty

Opinion Letters:

Forms:

• RA-89 & RA-89.1 - Tenant's Complaint of Rent and/or Other Specific Overcharges in Rent Stabilized Apartments; Rent Overcharge Application - Information

• RA-89C - Tenant's Complaint Of Rent and/or Other Specific Overcharges in Rent Controlled Apartments

• RA-89.1C - Rent Overcharge Application - Information

• RA-89 FMRA - Fair Market Rent Appeal

• RA-89.1 FMRA - Fair Market Rent Appeal - Information

Back to Topic List

---

Leases

FAQ's

• How much of an increase in rent will I have to pay in NYC when my lease is renewed?
• A tenant has, without justification, refused to sign a renewal lease. What recourse does the owner have?
• Can a tenant be evicted if the owner of the building fails to give him or her a renewal lease?
• Do I have a right to renew my lease?
• Under rent stabilization in NYC, when must the renewal lease be offered?
• What if my owner does not offer me a renewal lease?
• My building owners did not offer me a timely lease renewal, as they thought that I no longer used the apartment as my primary residence. They did not prove this in court and now they have to offer me a renewal lease. When does it commence and what are my rights?
• How is the legal rent adjusted when an MCI order is issued after a renewal lease had been executed?
• Does a tenant in a rent stabilized apartment have the right to add their spouse's name to the lease?

Fact Sheets:

Opinion Letters:

Forms:

• RA-90 - Tenant's Complaint of Owner's Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease

• RA-90 ETPA Westchester - Tenant's Complaint of Owner's Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease
  

• RTP-8 - Renewal Lease Form
• RA-LR1 - New York City LEASE Rider For Rent Stabilized Tenants
• RTP-8 ETPA - ETPA Renewal Lease Form
• RA-LR1 ETPA - Emergency Tenant Protection Act (ETPA) STANDARD LEASE ADDENDA
  For Rent Stabilized Tenants

 

Back to Topic List

---

Services

FAQ's:

• What can an owner do to obtain necessary access to make necessary repairs and avoid rent decreases or restore a rent reduction?
• What services are owners required to provide?
• What recourse does a tenant have when an owner is not maintaining services?
• What can a tenant do when an owner does not comply with a DHCR service reduction order?
• The noise and cigarette smoke from the tenant in the apartment next to me is a constant disturbance. What are my rights?
• May an owner collect a lease or maximum collectible rent increase from a tenant when a DHCR rent reduction order for decrease in services is still in effect?

Fact Sheets:

Policy Statements:

No. 96-1
Third Person Certification

Opinion Letters:

Forms:

• RA-81 - Application for a Rent Reduction Based Upon Decreased Service(s) - Individual Apartment
  
  
• RA-84 - Application For A Rent Reduction Based Upon Decreased Building-Wide Service(s)
  
  
• RA-84.1 - Supplemental Signature and Affirmation
  
  
• RA-84.2 - Supplement to Application for a Rent Reduction Based Upon Decreased Building-Wide Service(s) - Laundry, Doorman, Security, Storage, and/or Playgrounds
  
  
• HHW-1 - Failure to Provide Heat and/or Hot Water - Tenant Application for Rent Reduction
  
  
• RTP-19 - Owner's Application to Restore Rent

Back to Topic List

---

Succession

FAQ's:

• Are family members protected from eviction when the tenant dies or permanently leaves the apartment? What is the definition of "family member"?

Fact Sheets:

Fact Sheet #30: Succession Rights

Forms:

• RA-23.5 - Notice to Owner of Family Members Residing With the Named Tenant In the Apartment Who May Be Entitled to Succession Rights/Protection From Eviction

Back to Topic List

---

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

FAQ's:

• What is the basis of Major Capital Improvement (MCI) rent increases?
• What are the differences between an Individual Apartment Improvement (IAI) increase and a Major Capital Improvement (MCI) increase?
• How is the legal rent adjusted when an MCI order is issued after a renewal lease had been executed?

Fact Sheets:

Policy Statements:

Operational Bulletins:

Operational Bulletin 2016-1: Individual Apartment Improvements

Opinion Letters:

October 14, 1997: COL-425
Summary - How to Apply the 6% Rent Increase Cap

Forms:

• RA-79 - Owner's Application For Rent Increase Based On Major Capital Improvements (MCI)

• RA-79 Ins - Instructions for RA-79

• RA-86 - Owner's Request For a Prior Opinion on Major Capital Improvement(s)

• RN-79b - Owner's Notice of a Rent Increase Based on Increased Services/New Furnishings/Equipment/Painting; and Tenant's Statement of Consent

  Additional information:

  • Owner's Application For Air Conditioner Charges or For an Increase in Maximum Rent for Painting

Back to Topic List

---

Special Rights Of Senior Citizens and Disabled Persons

FAQ's:

• Do the Rent Laws provide any special rights for disabled persons?
• Does a Senior Citizen on a fixed income have any protection against rent increases?

Fact Sheets:

Fact Sheet #20: Special Rights of Disabled Persons

Fact Sheet #21: Special Rights of Senior Citizens

Back to Topic List

Forms:

Instructions For Senior Citizen or Disability Rent Increase Exemption Application (Only for use by Nassau and Westchester county tenants)

Application For Senor Citizen or Disability Rent Increase Exemption (Only for use by Nassau and Westchester county tenants)

Reconsideration: Tax Abatement Order (Only for use by Nassau and Westchester county tenants)

---

High-Rent Vacancy Deregulation & High-Rent High-Income Deregulation

FAQ's:

• An apartment subject to Rent Control is vacated. The owner calculates a legal rent above the Deregulation Rent Threshold for the incoming tenant and is considering charging the tenant a preferential rent that is less and is also below the Deregulation Rent Threshold. (a) Can the owner charge a preferential rent? (b) Is the apartment deregulated?
  
  (a) No. There cannot be a "preferential rent" during the term of the initial rent stabilized lease. If a rent of less than the Deregulation Rent Threshold (DRT) is actually paid by the tenant, this rent amount becomes the legal rent, even if a rent at or above the DRT is cited in the lease.
  
  (b) The apartment is deregulated only if the rent that is at or above the DRT was lawfully calculated and is paid by the tenant. The tenant can challenge it with DHCR.

Fact Sheets:

Fact Sheet #36: High-Rent Vacancy Deregulation and High-Rent High-Income Deregulation

Forms:

• HRVD-N - Notice of Apartment Deregulation Pursuant to High Rent Vacancy
• RA-93 CF - Income Certification Form
• RA-93 OPD - Petition By Owner for High Income Rent Deregulation
• RA-93 OPD Ins - Instructions for Completing and Filing RA-93 OPD
• RA-LR2 - Renewal Lease Form - Rider For Renewal Leases to be Offered During Pendency of High Income Deregulation Proceedings

Back to Topic List

---

Harassment

FAQ's:

• How are tenants protected from harassment by owners?
• An owner wants to renovate a building and asks the tenant to temporarily relocate. The renovations are not compelled by an emergency situation. Must the tenant relocate?

Fact Sheets:

Fact Sheet #17: Harassment

Forms:

• RA-60H - Tenant's Statement of Complaint(s) - Harassment

Back to Topic List

---

Eviction

FAQ's:

• Must the owner apply to DHCR to evict a rent regulated tenant before proceeding to court?
• May an owner evict a tenant from a rent regulated apartment for owner occupancy?
• Can a rent-regulated tenant who has to stay in a nursing home for an extended period of time be evicted?

Fact Sheets:

Fact Sheet #10: Eviction from an Apartment Based on Owner Occupancy

Fact Sheet #32: Eviction

Operational Bulletins:

No. 2009-1 (1.31 MB)
Procedures Pursuant to the Rent Stabilization Code for the Filing of an Owner's Application to Refuse to Renew Leases on the Grounds of Demolition Implementing Emergency Tenant Protection Regulations (Replaces Operational Bulletin 2002-1)

Opinion Letters:

May 23, 2000: COL-893
Summary - Corporations and Owner Occupancy

Forms:

• Form RA-54 - Owner's Application for Order Granting Approval to Refuse Renewal of Lease and/or to Proceed for Eviction
  
  
• Form RC-50 - Report and Certification To Alter or Demolish Occupied Housing Accommodations

Back to Topic List

---

Miscellaneous Topics

---

Fire Damaged/Vacate Order Apartments

FAQ's:

• Where a tenant must vacate a rent-regulated apartment because of a fire or vacate order issued by a government agency, is the owner entitled to a rent increase where the apartment has been restored and the subject tenant moves back in?
• Tenants Rights Relative to Fire Damages and/or Health/Safety Condemnation

---

Appealing an Order (PAR)

Fact Sheets:

Fact Sheet #18: Appealing a Rent Administrator's Order: Petition for Administrative Review

Advisory Opinions:

No. 92-1
Amendments, Supplements, Extensions and Refiling of PARs

Policy Statements:

No. 91-5
Limitations on Filing Requests for Reconsideration of Orders Issued by Rent Administrators and/or the Commissioner

Forms:

• RAR-2 - Petition for Administrative Review (PAR)

Back to Topic List

---

Electrical Conversion

Operational Bulletins:

• Operational Bulletin 2014-1 - (Replaced Operational Bulletin 2003-1) Conversion from Master to Individual Metering of Electricity with Direct Payment by  Tenant Schedule of Rent Reductions Also see: Home Energy Fair Practices Act (HEFPA)
  • Update Number 1 to Operational Bulletin 2014-1 (03/23/15)
  
  

---

Security Deposits

FAQ's:

• Does an owner have a right to collect a security deposit?

Fact Sheets:

Fact Sheet #9: Security Deposits

Opinion Letters:

February 1, 1994: COL-9007
Summary - Renewal Leases and Rent Reductions

Back to Topic List

---

Subletting

Fact Sheets:

Fact Sheet #7: Sublets, Assignments, and Illusory Tenancies

Back to Topic List

---

Appliance Surcharges

FAQ's:

• The owner of a Rent Controlled apartment failed to charge the washing machine appliance surcharge within a reasonable time after becoming aware of the installation. Did the owner waive the right to collect the surcharge?

Operational Bulletins:

No. 2005-1
Surcharges for Tenant-installed Washing Machines, Dryers and Dishwashers - Implementing

Operational Bulletin 2005-1 Supplement No. 1
Surcharges for Tenant-installed Washing Machines, Dryers and Dishwashers - Implementing

Operational Bulletin 2005-1 Supplement No. 2
Surcharges for Tenant-installed Washing Machines, Dryers and Dishwashers - Implementing

Back to Topic List

---

Air Conditioning

Fact Sheets:

Fact Sheet #27: Air Conditioners

Operational Bulletins:

No. 84-4: 29th Annual Update of Section B of Supplement No. 1 To Operational Bulletin 84-4 (Air Conditioners)

Opinion Letters:

December 1, 2006: COL-2097
Summary - Waiver of Surcharges

Back to Topic List

---

Roommates

FAQ's:

• Can a tenant in a rent regulated apartment take in a roommate and is there a limit on the rent that the roommate can be charged?

Back to Topic List

Last updated on 04/29/15