What is the difference between Rent Control, Rent Stabilization and the Emergency Tenant Protection Act?
In New York City, Rent Control tenants are generally in buildings built before February 1, 1947, where the tenant is in continuous occupancy prior to July 1, 1971. Tenants who took occupancy after June 30, 1971, in buildings of six or more units built before January 1, 1974, are generally Rent Stabilized. See Fact Sheet #1: Rent Stabilized and Rent Control
The rent control program applies to residential buildings constructed before February 1947 in municipalities that have not declared an end to the postwar rental housing emergency. There are several municipalities that still have rent control, including New York City, Albany, Erie, Nassau and Westchester counties.
In New York City, apartments are under rent stabilization if they are in buildings of six or more units built between February 1, 1947, and December 31, 1973. Tenants in buildings built before February 1, 1947, who moved in after June 30, 1971, are also covered by rent stabilization. A third category of rent stabilized apartments covers buildings with three or more apartments constructed or extensively renovated on or after January 1, 1974 with special tax benefits. Generally, those buildings are only subject to stabilization while the tax benefits continue or, in some cases, until the tenant vacates.
Emergency Tenant Protection Act
Outside New York City, the Emergency Tenant Protection Act (ETPA) enabled localities with a vacancy rate of less than 5% in Nassau, Rockland and Westchester counties to declare an emergency, adopt ETPA, and apply rent stabilization laws and regulations. Generally, these apply to buildings with 6 or more apartments and rents, services, leases and evictions are regulated, annual registration is required and fees not to exceed $10 per apartment annually can be charged by the locality.
How do I know if my apartment is Rent Regulated?
In NYC, a Rent Regulated apartment may be Rent Controlled or Rent Stabilized. Generally, an apartment occupied by a tenant continuously prior to July 1, 1971 in a building built before February 1, 1947 would come under Rent Control.
A Rent Stabilized apartment would generally be located in a building constructed prior to January 1, 1974 having 6 or more housing units. See Fact Sheet #1: Rent Stabilized and Rent Control.
(February 8, 1990) Reissued 9/97
Tenant's challenge to the owner - RE: the maximum base rent order.
Tenant's Complaint of Rent and/or Other Specific Overcharges.