1. How to Check Whether an Apartment Is Rent-Stabilized
A building's age alone does not establish rent stabilization. ETPA generally covers qualifying buildings with six or more apartments completed before January 1, 1974, in participating municipalities.
Statutory exemptions and the property's regulatory history can affect coverage. A tenant should establish the apartment's status before relying on regulated rent limits.
Checking Building Records and Rent History
New York State Homes and Community Renewal (HCR), through its Division of Housing and Community Renewal (DHCR), administers ETPA rent regulation. Tenants can request available apartment registration and rent-history information.
Earlier leases and agency orders help explain changes in the recorded rent. A missing rent-stabilization rider does not necessarily mean the apartment is exempt.
2. Rent Increases and Renewal Rights under ETPA
Rent-stabilized tenants generally have renewal rights unless a recognized legal exception applies. A landlord ordinarily cannot terminate a covered tenancy simply because its lease expires.
The Westchester County Rent Guidelines Board sets guideline increases for covered apartments. The applicable order depends on the lease's commencement date and selected term.
Calculating the Lawful Renewal Rent
The calculation starts with the lawful regulated rent rather than an amount selected for the new lease. Authorized adjustments or DHCR orders can affect the permitted increase.
Tenants should compare the proposed rent with earlier leases, registration records, and applicable orders. These rules differ from ordinary residential lease negotiations outside rent regulation.
Renewal Offers and Response Periods
Outside New York City, an owner generally must send a signed, dated renewal offer by certified mail between 90 and 120 days before lease expiration. The owner uses the applicable RTP-8 ETPA renewal form and required addenda.
Tenants ordinarily have 60 days to sign and return the offer. A late offer can affect the renewal's effective date and the applicable rent increase.
3. Notice Rules for Apartments Outside ETPA
Unregulated apartments do not automatically receive ETPA rent limits or renewal rights. Their lease terms remain subject to other applicable housing laws.
Real Property Law § 226-c generally requires written notice when a landlord proposes a rent increase of at least five percent or intends not to renew. The notice period depends on occupancy and lease length.
The 30-, 60-, and 90-Day Notice Periods
Under New York Real Property Law § 226-c, the required notice period depends on the tenant's occupancy history and lease term.
- 30 days: Occupancy of less than one year, with no lease term of at least one year.
- 60 days: Occupancy of more than one year but less than two years, or a lease term of at least one year but less than two years.
- 90 days: Occupancy of more than two years, or a lease term of at least two years.
The statute distinguishes occupancy duration from lease duration. Tenancies at the exact one-year or two-year occupancy thresholds require careful review of the statutory wording and lease terms.
If the landlord gives insufficient notice, the tenancy continues under its existing terms until the required notice period expires.
Good Cause Eviction Has Separate Coverage
New York's Good Cause Eviction Law applies in New York City and municipalities that adopt it. Yonkers does not appear on the Attorney General's currently published list of participating localities.
ETPA and Good Cause Eviction are different legal frameworks. Any subsequent local adoption would require a separate coverage assessment.
4. Repairs and Required Housing Services
Real Property Law § 235-b requires residential premises to be reasonably fit for habitation and free from conditions dangerous to health or safety. The warranty applies to regulated and unregulated rentals.
A lease cannot waive this protection. The statute excludes conditions caused by the tenant's misconduct or persons under the tenant's direction or control.
Reduced Services in Regulated Housing
A regulated tenant can file a DHCR complaint when an owner fails to maintain required services. DHCR determines whether the conditions justify a rent-reduction order.
Photographs, repair requests, and inspection findings help establish the condition and its duration. A court can also consider a warranty-of-habitability claim, subject to statutory rules addressing overlapping DHCR rent reductions.
5. Filing a Rent Overcharge or Renewal Complaint
An overcharge claim concerns rent collected above the lawful regulated amount. The relevant calculation depends on the applicable rent rules, registration history, and authorized adjustments.
DHCR accepts rent-overcharge complaints through Form RA-89 and its available online procedure. A missing required renewal involves a separate lease-renewal complaint, including Form RA-90.
Documents That Support the Complaint
The most useful records connect the disputed charge or renewal to a specific lease period:
- Signed leases showing rent and renewal terms.
- Payment receipts or bank statements.
- DHCR registration records and relevant orders.
- Written renewal offers and related correspondence.
These documents help identify the disputed legal requirement. Other tenant rights and protection issues can involve different claims and remedies.
6. Choosing the Correct Forum for a Dispute
DHCR handles specified rent-regulation complaints, while courts decide qualifying landlord-tenant proceedings. The requested remedy determines which procedure is appropriate.
Yonkers City Court hears landlord-tenant matters at 100 South Broadway, Yonkers, NY 10701. It is separate from New York City's Housing Court.
Notices before an Eviction Proceeding
An eviction notice does not itself authorize removal of a tenant. A landlord generally must obtain possession through the applicable judicial process.
For nonpayment proceedings, RPAPL § 711(2) generally requires a written 14-day rent demand before filing. Other grounds for possession involve different notice requirements under the applicable eviction process.
20 Oct, 2026
