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Division of Housing & Community Renewal

• 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 Decontrol & High-Rent High-Income Decontrol ("Luxury Decontrol")
• Harassment
• Eviction
• Miscellaneous Topics
  
  • Fire Damaged/Vacate Order Apartments
  • Appealing an Order (PAR)
  • Electrical Conversion
  • Security Deposits
  • Subletting
  • Appliance Surcharges
  • Air Conditioning

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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?

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

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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 - 2010 (Date: 1/10, 15 pages)

  Includes:

  RA-33.10 Instructions:
  Instructions For Owner's Report, Certification and Notice of Fuel Cost Adjustment Eligibility - 2010

  RA-33.10:
  Owner's Report, Certification and Notice of Fuel Cost Adjustment Eligibility - 2010

  A-33.10 Schedule A:
  Conversion Table - 2010

  RA-33.10 Schedule B:
  Conversion Table for Buildings Using Three Types of Fuel - 2010

  RAS-33 Schedule F:
  Fuel Cost Adjustment Request for Calculation of Equivalent Maximum Base Rents (2010-2011)

  Complete the RA-33.10 form online

• MBR Application - 2010-11 Maximum Base Rent (MBR) Application (Date: 03/09, 16 pages)
  
  Includes:
  

  VC-2:
  Notice Re 2010-11 Maximum Base Rent (MBR) Program (For Buildings with Rent Controlled Apartments)

  VC Instructions:
  Instructions for 2010-11 Maximum Base Rent Program
  Instructions for Violation Certification 2010-11 MBR Cycle

  VC:
  Violation Certification - 2010-11 Maximum Base Rent
  Instruction Highlights for Violation Certification, 2010-11 MBR Cycle

  OMESC Instructions:
  Instructions for 2010-11 Operation and Maintenance and Essential Services Certification

  OMESC:
  Operation & Maintenance and Essential Services Certification - 2010-11 Maximum Base Rents
  Schedule A
  2010-11 Maximum Base Rent

  OMESC Schedule:
  Rent Schedule of All Apartments for Operation & Maintenance and Essential Services Certification 2010-11 Maximum Base Rents

  Complete the 2010-11 Maximum Base Rent (MBR) Application online

• RA-94 MBR - Challenge Re: Maximum Base Rent Order (Date: 05/03, 2 pages)

• RAC-2202.13 - Tenant Challenge To Owner's Report and Certification of Fuel Cost Adjustment (FCA) (Date: 06/03, 2 pages)

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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 rent increase from a new/vacancy lease 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?
• I reside in a building that was formerly under Mitchell-Lama regulation and is now under Rent Stabilization. I was in occupancy of my apartment under Mitchell-Lama regulations for more than six years. Now that I am under Rent Stabilization for less than six years, can the owner offer me a lease renewal with the "six-year" minimum dollar amount increase, instead of the guideline percentage increase?

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 (Date: 05/09, 8 pages)

• RA-89C - Tenant's Complaint Of Rent and/or Other Specific Overcharges in Rent Controlled Apartments (Date: 05/01, 5 pages)

• RA-89.1C - Rent Overcharge Application - Information (Date: 05/01, 1 page)

• RA-89 FMRA - Fair Market Rent Appeal (Date: 08/01, 5 pages)

• RA-89.1 FMRA - Fair Market Rent Appeal - Information (Date: 08/01, 1 page)

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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?

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 (Date: 12/00, 2 pages)

• RA-LR1 - Rent Stabilization Lease Rider for Apartment House Tenants Residing in NYC (Date: 02/06, 8 pages)
  
  

• RTP-8 - Renewal Lease Form - Includes Special Instructions for New York City Rent Guidelines Board Order #41 (Date: 03/10, 2 pages)

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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?

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 (Date: 05/09, 2 pages)
  
  
• RA-84 - Application For A Rent Reduction Based Upon Decreased Building-Wide Service(s) (Date: 05/09, 2 pages)
  
  
• RA-84.1 - Supplemental Signature and Affirmation (Date: 04/97, 2 pages)
  
  
• RA-84.2 - Supplement to Application for a Rent Reduction Based Upon Decreased Building-Wide Service(s) - Laundry, Doorman, Security, Storage, and/or Playgrounds (Date: 08/97, 2 pages)
  
  
• HHW-1 - Failure to Provide Heat and/or Hot Water - Tenant Application for Rent Reduction (Date: 05/09, 2 pages)
  
  
• RTP-19 - Owner's Application to Restore Rent (Date: 05/09, 2 pages)

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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 | En Español
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 (Date: 07/04, 2 pages legal)

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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 increase and a Major Capital Improvement (MCI) increase?

Fact Sheets:

Policy Statements:

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) (Date: 05/06, 8 pages)

• RA-79 Ins - Instructions for RA-79 (Date: 05/06, 4 pages)

• RA-86 - Owner's Request For a Prior Opinion on Major Capital Improvement(s) (Date: 07/95, 1 page)

• RN-79b - Owner's Notice of a Rent Increase Based on Increased Services/New Furnishings/Equipment/Painting; and Tenant's Statement of Consent (Date: 07/94, 2 pages)

  Additional information:

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

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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 | En Español - versión actualmente bajo revisión
Special Rights of Disabled Persons

Fact Sheet #21 | En Español
Special Rights of Senior Citizens

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High-Rent Vacancy Decontrol & High-Rent High-Income Decontrol ("Luxury Decontrol")

FAQ's:

• An apartment subject to Rent Control is vacated. The owner calculates a legal rent above $2,000 for the incoming tenant and is considering charging the tenant a preferential rent of less than $2,000. (a) Can the owner charge a preferential rent? (b) Is the apartment deregulated?
• A rent stabilized apartment has been vacant or temporarily exempt for over four (4) years. (a) Can the owner collect a first rent from the incoming tenant? (b) If the rent exceeds $2,000, is the apartment deregulated? (c) Can a preferential rent of less than $2,000 be collected?

Fact Sheets:

Fact Sheet #36 | En Español - versión actualmente bajo revisión

Forms:

• RA-93 CF - Income Certification Form - 2010 Filing Period (Date: 11/09, 4 pages)

• RA-93 OPD - Petition By Owner for High Income Rent Deregulation - 2010 Filing Period (Date: 11/09, 2 pages)

  RA-93 OPD Ins - Instructions for Completing and Filing RA-93 OPD (Date: 11/09, 2 page)

• RA-LR2 - Renewal Lease Form - Rider For Renewal Leases to be Offered During Pendency of High Income Deregulation Proceedings (Date: 05/07, 1 page)

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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 | En Español
versión actualmente bajo revisión

Forms:

• RA-60H - Tenant's Statement of Complaint(s) - Harassment (Date: 08/03, 4 pages)

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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 | En Español
Eviction from an Apartment Based on Owner Occupancy

Fact Sheet #32 | En Español - versión actualmente bajo revisión
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 (Date: 02/05, 3 pages)

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Miscellaneous Topics

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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?

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Appealing an Order (PAR)

Fact Sheets:

Fact Sheet #18 | En Español
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) (Date: 09/00, 2 pages legal)

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Electrical Conversion

Operational Bulletins:

• Update Number 1 to Operational Bulletin No. 2003-1
  Conversion from Master to Individual Metering of Electricity with Direct Payment by Tenant
  

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Security Deposits

FAQ's:

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

Fact Sheets:

Fact Sheet #9 | En Español
Security Deposits

Opinion Letters:

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

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Subletting

Fact Sheets:

Fact Sheet #7 | En Español
Sublets, Assignments, and Illusory Tenancies

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Appliance Surcharges

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

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Air Conditioning

Fact Sheets:

Fact Sheet #27 | En Español
Air Conditioners

Operational Bulletins:

No. 84-4
Twenty-Fourth 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

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Last updated on 08/19/10