1. Which Leases Receive the 0% Guideline?
The new lease commencement date determines which annual guideline applies. This matters most for leases expiring near September 30. A renewal signed earlier can still fall under Order #58 if its term begins during the covered period.
Use the Lease Start Date, Not the Signature Date
- October 1, 2025 through September 30, 2026: 3% for one year and 4.5% for two years.
- October 1, 2026 through September 30, 2027: 0% for one year and 0% for two years.
- The commencement date determines which order governs.
A September 30 start date and an October 1 start date can therefore produce different lawful guideline calculations.
Confirm That the Unit Is Rent Stabilized
The freeze is not a general limit on market-rate rents. Tenants should confirm that the apartment is subject to rent stabilization before disputing an increase.
- Review the lease and rent-stabilization rider.
- Compare earlier renewal or vacancy leases.
- Request the unit's rent registration history from HCR.
Questions about regulatory status may also involve broader tenant rights and protection issues.
2. What Does the 0% Guideline Actually Freeze?
The 0% rate prevents an annual RGB percentage increase on a covered lease. It does not eliminate every lawful adjustment or charge. Some increases operate separately under rent-stabilization rules.
One-Year and Two-Year Guideline Increases Are Zero
The same 0% guideline also applies to qualifying vacancy leases. However, no more than one guideline adjustment may be added during the same guideline year.
| Lease Situation | Order #58 Result | Key Issue |
|---|---|---|
| One-year stabilized lease | 0% | Start date |
| Two-year stabilized lease | 0% | Start date |
| Qualifying vacancy lease | 0% | No duplicate guideline adjustment |
| Market-rate lease | Not governed by Order #58 | Lease terms and other law |
One-year stabilized lease
- Order #58 Result0%
- Key IssueStart date
Two-year stabilized lease
- Order #58 Result0%
- Key IssueStart date
Qualifying vacancy lease
- Order #58 Result0%
- Key IssueNo duplicate guideline adjustment
Market-rate lease
- Order #58 ResultNot governed by Order #58
- Key IssueLease terms and other law
A broader landlord-tenant law issue may arise when the dispute goes beyond the annual guideline.
MCI and IAI Adjustments Follow Separate Rules
A 0% guideline does not erase a lawful Major Capital Improvement or Individual Apartment Improvement increase.
- MCI increases require an HCR order before collection.
- IAI increases require filing and supporting documentation.
- An IAI in an occupied apartment generally requires informed written tenant consent.
3. Preferential Rent Can Affect the Renewal Amount
Some stabilized tenants pay a preferential rent below the legal regulated rent. For tenants entitled to retain it, lawful renewal adjustments generally apply to the preferential amount actually charged rather than the higher legal regulated figure.
A 0% Guideline Does Not End Preferential Rent
A renewal does not, by itself, let an owner replace a protected preferential rent with the higher legal regulated rent.
- Compare the current preferential rent with the renewal offer.
- Identify the legal regulated rent separately.
- Check for any separate MCI or IAI adjustment.
Read Both Rent Figures Carefully
A renewal may display more than one rent figure. Tenants should identify what each figure represents and why any additional amount appears.
- Compare the form with the current lease.
- Review the rent-stabilization rider.
- Keep prior leases showing the preferential rent.
4. How Should a Tenant Review the Renewal?
Rent-stabilized tenants generally receive a renewal offer 90 to 150 days before the existing lease expires. The tenant ordinarily has 60 days after receiving it to choose a one-year or two-year term and return the signed form.
Compare the Dates and Numbers Together
- Confirm the current lease expiration date.
- Confirm the new lease commencement date.
- Compare the current and proposed rents.
- Identify the basis for each added amount.
Keep the full renewal package, rider, delivery record, and any written explanation from the owner.
Use the Rent History As Supporting Evidence
The rent history can reveal earlier registered rents and changes in the regulated amount. Compare it with actual leases and supporting records.
- Save prior and current leases.
- Keep HCR orders and improvement notices.
- Preserve rent-payment records and written objections.
Repeated pressure to accept disputed terms may also raise separate landlord harassment issues.
5. What If the Renewal Shows an Incorrect Increase?
An unexplained increase should be separated into its claimed components. A written request for the calculation can show whether the dispute concerns the RGB guideline, an improvement adjustment, a surcharge, or another claimed basis.
Create a Clear Written Record
- Keep the original renewal offer.
- Request the calculation in writing.
- Preserve supporting notices and the owner's response.
- Maintain rent-payment records.
A clear record can make later administrative review easier.
HCR May Review an Overcharge Claim
A tenant who believes the regulated rent exceeds the lawful amount may file an overcharge complaint with HCR. HCR may determine the lawful rent and order repayment. If HCR finds a willful overcharge, treble damages may apply.
If the dispute develops into an apartment eviction proceeding, the court process creates separate deadlines and procedural issues.
6. Frequently Asked Questions
Does the freeze apply when a new tenant moves into a vacant rent-stabilized apartment?
Yes. Order #58 applies its guideline to qualifying vacancy leases beginning during the covered period. No more than one guideline adjustment may be added during the same guideline year.
Can renovation costs still increase the rent?
Possibly. A qualifying IAI is separate from the annual RGB guideline and must satisfy applicable HCR requirements. Work in an occupied apartment generally also requires informed written tenant consent.
What if the renewal offer arrived before October 1, 2026?
The delivery date does not by itself determine the RGB rate. The commencement date of the renewed lease term determines whether Order #57 or Order #58 applies.
Is the RGB freeze the same as SCRIE or DRIE?
No. Order #58 sets annual lease guidelines for covered rent-stabilized units. SCRIE and DRIE are separate benefit programs with different eligibility and administrative rules.
7. Review a Disputed Renewal with SJKP
A renewal that does not match the expected 0% guideline may involve the wrong guideline year, starting rent, preferential rent, or a separate adjustment. SJKP's attorneys can review the lease, rent history, HCR records, and supporting notices to identify the basis for the proposed amount and assess available administrative or litigation options.
06 Oct, 2026
