Landlords can raise the legal rent in accordance with guidelines put out by the New York City Rent Guidelines Board, Housing Preservation and Development (HPD) or Division of Housing and Community Renewal (HCR).
They must issue valid, current leases to all rent-stabilized tenants, or valid, current HCR-issued rental orders to all rent-controlled tenants. For DRIE Mitchell-Lama tenants, landlords are required to provide a letter specifying the start date and the amount of the rent increase.
Recalculating Frozen Rent Amount
If you applied to and were approved for the Rent Freeze program as a new applicant after July 1, 2015, your renewal application is subject to a 1/3 income eligibility check. When you renew, DOF will recalculate your benefit based on your household income and legal rent to make sure the frozen rent amount is 1/3 of your income.
- 1/3 of your monthly household income is less than your frozen rent, then your rent will remain the same.
- 1/3 of your monthly household income is greater than your frozen rent, then your frozen rent will be recalculated so it is equal to 1/3 of your monthly household income.
- 1/3 of your monthly income is greater than your legal rent (before benefits are applied), then you are no longer eligible for the SCRIE or DRIE benefit.
Rent Increase and Lease Issues
You can get help from the New York State Division of Homes and Community Renewal with rent or lease renewal problems, including if:
- If it’s been fewer than 180 days since your lease expired but your rent has been increased, or
- You have legal actions such as eviction, or
- Your landlord is charging the full rental amount because the 180-day grace period for renewing your benefit has elapsed
In general, tenants in rent-stabilized apartments must be offered renewal leases for one or two years.
An owner can refuse to renew a lease for several reasons, including:
- The owner or a member of the owner's immediate family needs the apartment for their personal use and primary residence
- The apartment is not used as the tenant's primary residence
- The owner wants to take the apartment off the rental market, either to demolish the building for reconstruction or to use it for other purposes permitted by law
However, when the owner doesn’t offer the tenant a renewal lease for one of these reasons, the owner must give the tenant written notice of non-renewal by mail or personal delivery 90 to 150 days before the existing lease expires.
You can learn more about the laws for rent stabilized and rent controlled apartments and how to contact HCR for more assistance on the Rent Regulated Apartments page.
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Renewal Lease Not Provided by Landlord
If you live in a rent stabilized apartment and can’t get a renewal lease from your landlord or managing agent, you can still retain your benefits at the current amount if you meet all of the eligibility requirements and submit the:
- Certification of No Renewal Lease Form
- SCRIE or DRIE Renewal Application
- Proof of tenancy, such as a rent due statement from the current or previous month
- Proof of address, such as a utility bill with your name from the current or previous month
- Copies of rent statements or receipts as required
You can get the certification form online or request a paper copy by mail.
Download the certification form.