Tenants’ Rights Revealed

01. Is My Apartment Regulated? What Does It Mean?

Your apartment may be Regulated if you live in a building with more than 5 apartments and the building was built before 1974, or a building built after 1974 where the owner received Government Tax Abatement such as J-51, 421a or 421g tax benefits. Tenants in Regulated apartments enjoy many protections under the Rent Laws including:

1) Limitations on the amount of rent.

2) The Right to receive a renewal lease.

3) The Right to receive Required Services which are included in the rent.

4) Tenant cannot be evicted from the apartment without DHCR approval and/or Court Order.

5) The Right to file a complaint at DHCR for lack of Services or harassment by the landlord.

Note 1: Some apartments may have been deregulated under various laws in the past. See DHCR Fact Sheet #1 @ DHCR online for details.

Note 2: See more of Tenants Rights below.

02. How Do I Know If My Apartment Is Regulated?

The law requires that a lease be offered to tenants which sets forth their Rights & Obligations under the Rent Stabilization Law for apartments that are Regulated.

If your apartment is in a building with more than 5 apartments and your lease does not make reference to the Rent Stabilization Law as stated above; take the following steps:

a) Ask neighbors [tenants in the building] who moved in before you.

b) If you’re not satisfied; Post the question to DHCR @ this link: https://portal.hcr.ny.gov/app/ask

c) Make sure to let DHCR know in the ‘Comment Section’ that the building has more than 5 units, and you need to know what the records say about your apartment, and whether you need to file for a determination.

d) If DHCR does not make clear why your apartment is not Regulated, you may reach out to our Consult-A-Specialist Service here in the Forum for guidance.

03. I’m A Tenant In Brooklyn For Many Years. Only Now Do I Hear There Are Many Services Included In My Rent. What are?

Essential Services included in your rent:

a) Equipment: Refrigerator & stove in good working condition.

b) Heat; Hot & Cold water.

c) Repairs & Maintenance of: - walls, ceilings & flooring; Doors & locks; Windows; electric outlets; smoke & carbon monoxide detectors.

d) Painting: A fresh coat of paint every 3 years.

e) Janitor services: Clean public areas- hallways, stairways & lobby; Garbage room; Yard.

f) Vermin Control [mice & roaches’ treatment].

g) Elevator service (if applicable).

h) Other ancillary services may include storage space; garage; recreational facilities – if provided on the date the building first became subject to the Rent Stabilization law.

Note: The Law counts on you to know your Rights and expects you to bring complaints to DHCR & HPD when the landlord is not providing the Required & Essential Services. DHCR will reduce your rent until the Service is restored by the landlord. [see Fact Sheet #3 @ DHCR online: https://hcr.ny.gov/tenants].

04. Why Do I Have To Pay An Extra $5 Per Month Just For Installing One Window

Ac To Cool My Apartment In The Summer Months? Is That Fair?

Update Alert!

If you have paid the AC-surcharge of $5 per AC/per month in the summer of 2023 &/or 2024, you have been overcharged! Scroll to Question #56 below and see how to get your money back - guaranteed!

Periodic Rent Law updates which affect all Regulated apartments are instantly sent to everyone in our Tenants Forum community. It is Free!

05. I’ve Just Moved Into A Newly Constructed Affordable Housing Building Under The Government’s Tax Abatement Program?

Why Didn’t I Receive A Rent Stabilized Lease? Does That Mean My Apartment Is Not Regulated?

The Government’s Tax Abatement programs vary from building to building – each with a different Regulatory Agreement made with the builder. So, some newly constructed Tax-Abatement buildings may have all apartments Regulated, while others are mixed Regulated & Non-Regulated apartments, all based on the Regulatory Agreement made by the Government.

You may request the Regulatory Agreement made for your building’s construction from HPD or reach out to Tenant Confidential Services here in the Forum for assistance.

06. We Were Lucky To Move Into A Newly Constructed Government-Sponsored Affordable