Rent control in New York

Rent Regulation in New York State takes the form of rent control and rent stabilization programs. Each city in the state may choose whether to participate or not, and as of 2007^[update], 51 municipalities participated in the program, including Albany, Buffalo, and New York City, where over one million apartments are rent-regulated.

In 1920, New York adopted Emergency Rent Laws, which effectively charged the courts of New York State with their administration. When challenged by tenants, rent increases were reviewed by a standard of "reasonableness." The definition of reasonableness was subject to judicial interpretation. Certain apartments were decontrolled beginning in 1926, and the Rent Laws of 1920 expired completely in June 1929, though limited protections against unjust evictions were continued.

New York's current rent control program, which began in 1943, is the longest-running in the United States. From 1943 to 1950, rent control was administered by the federal government but has been administered by state government since 1950, although state and city agencies shared administrative work from 1962 to 1984.

Rent regulation affects rent increases and prescribes rights and obligations for tenants and landlords.

Rent control exists in New York City and a small list of other municipalities in Nassau, Westchester, Albany, Rensselear, Schenectady, and Erie Counties.

To qualify for rent control, a tenant must have been continuously living in an apartment since July 1, 1971, or be the qualifying family member who succeeded to such tenancy. When vacant, the unit becomes rent stabilized, except in buildings with fewer than six units, where it is usually removed from the program. In apartments within single and two-family homes, the tenant must have been residing in the unit continuously since March 31, 1953 in order to qualify for rent control. Once the unit becomes vacant, it leaves the rent control program and is not eligibile for rent stabilization.

Rent control does not generally apply to units built after 1947.

In New York City, only buildings with six or more units can be rent-regulated.

Rent control limits the price a landlord can charge a tenant for rent and also regulates the services the landlord must provide. Failure to provide these may allow the tenant to demand a lower rent.

Outside of New York City, the state government determines the maximum rents and rate increases, and owners may periodically apply for increases.

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