This guide is general information, not legal or tax advice. Rules change, so confirm current requirements with the relevant agency or your attorney.
Rent stabilization in New York City generally covers buildings built after 1947 and before 1974, apartments that came out of rent control, and buildings that received J-51, 421-a or 421-g tax benefits, according to NYS Homes and Community Renewal (HCR). The NYC Rent Guidelines Board says owners of buildings with six or more apartments that are not condos or co-ops should ask HCR. To check, search the address in HCR's Rent Regulated Building Search and request the apartment's registered rent history from HCR. Whether a specific apartment is stabilized is a question for HCR or your attorney.
Which Brooklyn buildings are usually rent-stabilized?
According to HCR Fact Sheet #1, rent stabilization generally covers:
- Buildings built after 1947 and before 1974, in New York City generally buildings with six or more apartments (the NYC Rent Guidelines Board tells owners of buildings that size, other than condos and co-ops, to ask HCR).
- Apartments that came out of rent control, which generally applies to buildings built before 1947.
- Buildings that received J-51, 421-a or 421-g tax benefits. HCR says these programs have their own rules about which apartments are covered, so a building can be stabilized because of a tax benefit even if it is newer or smaller than the usual rule.
Not every apartment in a stabilized building is necessarily stabilized, the Rent Guidelines Board notes. Since the Housing Stability and Tenant Protection Act took effect on June 14, 2019, HCR says apartments no longer leave stabilization because the rent rises above a set level.
What about a two- to four-family brownstone?
A brownstone with two to four apartments is below the six-apartment size the Rent Guidelines Board points to, so most are not stabilized under the building-age rule. The exceptions to look for are a past J-51 or 421-a tax benefit, or an apartment that was once rent-controlled. If you are not sure about your building's history, check HCR's records before setting a rent or signing a lease.
How do I check my building's status?
- Search the address in HCR's Rent Regulated Building Search on the Online Services for Owners and Managers page. HCR says it shows whether the building has ever been registered and the most recent registration year, but being on the list does not by itself settle the building's current status.
- Get the rent history. According to HCR, registered rent information is confidential and can be released only to the apartment's tenant, the building owner or their authorized representative. HCR's page, written for tenants, lists three ways to get it: an online inquiry (mailed to the apartment address), an appointment at a borough rent office with photo ID, or form REC-1 sent to HCR's Records Access Officer.
- Look at past tax benefits. If the building had J-51 or 421-a benefits, ask your attorney how they affect each apartment.
- Read the leases you inherited. A stabilized lease should come with the Rent Stabilization Lease Rider, according to the Rent Guidelines Board.
Who files the annual DHCR registration?
The owner is responsible. According to HCR, owners of rent-stabilized buildings must file an annual registration for each stabilized apartment between April 1 and July 31 every year, and a building never registered before needs an initial registration. Fact Sheet #1 adds that the annual statement gives each apartment's April 1 rent and that each tenant gets a copy. Filing is done online through HCR's Owner Rent Regulation Applications (ORRA) system; HCR's instructions say owners, managing agents and filing representatives should review the registration together before it is submitted.
Windsor Fine Properties manages rent-stabilized buildings and works within the state's rules on stabilized leases, renewals and annual registrations. For stabilized buildings we manage, Windsor can prepare and file the annual DHCR registration on a case-by-case basis. Ask us.
Why it matters before you set a rent
HCR says that where a tenant's rent was overcharged, it can order refunds, and for a willful overcharge it can assess triple damages. Since 2019, HCR generally reviews six years of rent history in an overcharge case, up from four (HCR Fact Sheet #1). Stabilized apartments are also outside Good Cause Eviction, because they are already regulated.
Frequently asked questions
Is a building with fewer than six apartments ever rent-stabilized?
It can be. HCR says buildings that received J-51, 421-a or 421-g tax benefits are covered under those programs' own rules, and an apartment that came out of rent control can be stabilized. Check HCR's records for your address.
How do I get the rent history for an apartment I own?
HCR releases registered rent histories to the tenant, the building owner or an authorized representative. You can visit a borough rent office by appointment with photo ID, or send form REC-1 to HCR's Records Access Officer.
When is the annual rent registration due?
According to HCR, between April 1 and July 31 every year, for each stabilized apartment.
Can a stabilized apartment become market-rate if the rent gets high enough?
Not anymore. HCR says high-rent deregulation was repealed when the Housing Stability and Tenant Protection Act took effect on June 14, 2019.
