Can My Landlord Raise My Rent If I'm Rent Stabilized?

January 10, 2026

Your landlord just slipped a rent hike notice under your door-panic mode activated? If you're in a rent-stabilized unit, you might have more protection than you think. From decoding RGB guidelines and statewide rules to spotting sneaky MCI or IAI increases, we'll break down when hikes are legal, when they're not, and how to fight back. Stick around to safeguard your wallet!

Tip: Want to sanity-check a specific address? Search it on Building Health X to see recent heat/hot water, pests, noise, safety and violations across 30/90 days, 1 year and 3 years.

What Is Rent Stabilization?

Rent stabilization protects over 1 million NYC tenants in 985,000 apartments by capping rent increases and guaranteeing lease renewals, covering most pre-1974 multifamily buildings.

The NYC Rent Stabilization Law (RSL) from 1969 applies to buildings with six or more units built before 1974 in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Landlords must register rents annually with the DHCR, the Division of Housing and Community Renewal. This system ensures tenants receive predictable [rent stabilized](/blog/how-do-i-know-if-my-nyc-apartment-is-rent-stabilized) rent hikes.

Before the 2019 Housing Stability and Tenant Protection Act (HSTPA), apartments reaching a $2,800 monthly rent could face high-rent vacancy deregulation. Now, such deregulation is limited, preserving more stabilized units. The 2023 NYC Housing Vacancy Survey notes 44% of rentals as stabilized.

Tenants in a pre-war six-family building enjoy these protections, including rights to challenge illegal landlord rent increases. Check your building's status via DHCR records for apartment rent stabilization confirmation.

Key Characteristics

Stabilized units require DHCR-registered leases with Rent Stabilization Rider 1 explaining tenant rights, guaranteeing renewal offers, and limiting increases to RGB-approved percentages.

Landlords must offer annual lease renewal with allowable increases set by the Rent Guidelines Board.
The rent stabilization rider is mandatory in every lease, detailing rights like eviction protection.
Yearly rent registration with DHCR tracks the legal rent for the unit.
Preferential rent can be lower than the legal regulated rent, but the higher amount applies upon vacancy.
Succession rights allow qualifying family members to take over the lease.
Eviction is only for cause, such as nonpayment or nuisance, not at landlord whim.

For example, a 2-bedroom Chelsea apartment might have a legal rent of $3,200 but charge a preferential $2,500. Tenants can review four-year rent history to verify stabilized rent limits.

How It Differs from Rent Control

Rent control, about 1% of NYC units, freezes rents near WWII levels for pre-1947 tenants, while stabilization allows RGB-guided increases for newer buildings.

Rent control applies only to the oldest tenants in pre-1947 buildings, with hikes rarely over 0-3%. Stabilization covers post-1947 multifamily properties with broader tenant rights. The 2023 NYC HVS shows control units dropped from 56,000 to 18,000.

Feature	Rent Control	Rent Stabilization
Eligible Tenants/Buildings	Pre-1947 tenants only	Post-1947 buildings, 6+ units
Annual Increases	0-3%	2-7.75% per RGB
Number of Units	18,000	985,000
Vacancy Rules	No vacancy decontrol	$2,800+ deregulation (pre-HSTPA)

Stabilization offers more flexibility for rent adjustments, like one-year or two-year lease options. Both provide strong eviction protection, but control is stricter on hikes. Use DHCR to confirm your rent regulated housing type.

Can Landlords Raise Rent on Stabilized Units?

Yes, but only within strict RGB-approved limits. Landlords cannot charge market rate despite vacancy decontrol myths post-HSTPA 2019. Increases require tenant notice and Rent Guidelines Board approval.

Annual increases tie to 1-year lease terms, which offer lower hikes, or 2-year terms, which allow higher ones. The Housing Stability and Tenant Protection Act eliminated vacancy and high-rent deregulation. This protects tenants in rent stabilized apartments from sudden jumps.

About 98% of increases must follow published RGB orders. Landlords must provide a 90-day rent increase notice with the renewal lease. Tenants can challenge illegal hikes through DHCR or housing court.

For example, if your lease expires, review the rent stabilization rider for allowable amounts. Preferential rent does not reset to legal rent upon renewal. Contact a tenant lawyer if facing a questionable raise.

Annual Guidelines Increases

RGB sets yearly caps: 2024-25 approved 2.75% for 1-year leases and 5.25% for 2-year leases after 40+ public hearings. These limits consider operating and maintenance costs. Tenants in rent stabilized units benefit from this structure.

The board votes on guidelines based on economic data from landlords and tenants. Factors include labor costs, fuel prices, and real estate taxes. This ensures fair rent adjustments without market-rate shifts.

Year	1-Year Increase	2-Year Increase
2024-25	2.75%	5.25%
2023-24	3%	7.75%
2022-23	3.25%	5%
2021-22	0.5% (post-freeze)	2.5% (post-freeze)
2020-21	Freeze	Freeze

Check RGB orders for exact terms on renewal leases. Landlords calculate based on your legal regulated rent, not preferential amounts. Dispute errors using four-year rent history from DHCR.

For instance, a $2,000 monthly rent on a one-year renewal gets a 2.75% hike to about $2,055. Tenants should verify via rent registration records. This prevents rent overcharge claims.

Legal Rent Increase Limits

Limits vary by jurisdiction: NYC follows RGB while NYS suburbs follow DHCR ETPA guidelines averaging 3-6% annually. The Rent Guidelines Board (RGB) sets rules for New York City rent stabilized apartments. Suburban areas rely on the Division of Housing and Community Renewal for oversight.

During the COVID pandemic, rent increases froze at 0% from 2020 to 2022. This provided tenants with rent stabilization protections amid economic hardship. Landlords could not pursue legal rent increases during this period.

For pre-1970s buildings, the Maximum Base Rent (MBR) system applies in some cases. Tenants should check their building's history for stabilized rent limits. Understanding these rules helps challenge illegal rent hikes.

The Rent Guidelines Board governs the NYC metro area. DHCR handles Nassau, Suffolk, and Westchester under the Emergency Tenant Protection Act. Tenants in rent stabilized units must receive proper rent increase notices.

RGB Guidelines (NYC)

RGB's 9-member board (2 tenants, 2 landlords, 5 public) votes after a 7-month process analyzing CPI, wages, vacancy rates. Meetings start in January, with the first vote in April and final vote in June. Increases take effect on September 1 each year.

For 2024, options included a 2.75% one-year increase or 5.25% two-year increase on over one million units. Higher vacancy rates, like 3.75%, often lead to smaller adjustments. Tenants can attend public hearings to voice concerns on allowable rent increases.

Landlords must offer a renewal lease with the approved percentage for stabilized tenancies. Preferential rents may reset upon vacancy, but rent history limits overcharges. Check the rent stabilization rider in your lease for details.

Examples include a one-year lease hike applied to timely renewals. Tenants facing a rent stabilized rent hike beyond guidelines should document the lease rider and rent registration. This supports claims in housing court if needed.

Statewide Rules (NYS)

Outside NYC, DHCR approves ETPA increases for over 100,000 suburban units, typically 3-5% versus RGB's wider range. These cover Nassau, Suffolk, Yonkers, and Westchester counties. Guidelines emphasize tenant rights in rent regulated housing.

In 2023, DHCR set a 4.5% guideline for Nassau. Processes differ as DHCR uses administrative reviews without public votes. Tenants receive notices aligned with these orders for lease renewals.

Jurisdiction	Increase Range	Board Structure	Process
NYC RGB	2-7%	9 members	Public hearings
NYS DHCR ETPA	2-6%	Administrative	Nassau/Yonkers/Westchester

Use this comparison for rent raise legality in your area. Suburban tenants verify stabilization status via DHCR rent history. Challenge discrepancies to avoid rent overcharges and secure eviction protection.

Pre-Approved Increases

Beyond RGB, landlords qualify for MCI and IAI pass-throughs: MCI splits building-wide upgrades, IAI charges individual tenants directly. These allow rent stabilized rent hikes tied to specific improvements. Tenants in a rent stabilized apartment can face these on top of annual Rent Guidelines Board adjustments.

MCI requires DHCR approval with a strict 6% cap per improvement. Landlords must prove costs and no tenant harassment. Post-HSTPA rules limit MCI to 2% of building income and extend amortization to 35 years.

For example, a $20K boiler in 2023 might add $6.50 per month per unit after approval. Tenants should check rent history and challenge if calculations seem off. These hikes become part of your legal rent for lease renewals.

IAI skips DHCR review if you consent in writing, but caps apply post-HSTPA. Always review receipts and ensure no pressure. Understanding these protects against illegal rent increases.

Major Capital Improvements (MCI)

MCI rewards qualifying upgrades like boilers, roofs, elevators with permanent rent hikes amortized over 12-35 years. Landlords apply to DHCR for approval in rent stabilized buildings. Post-2019 limits cap increases at 2% of building income and ban profit centers.

Common approvable MCIs include new boilers, roof replacements, and elevator modernizations. Costs divide by units and years for the monthly landlord rent increase. For instance, a $150K boiler in a full building might mean $12 per unit monthly.

New boiler: High cost, but essential for heat and hot water.
Roof replacement: Around $80K could add $6.50 per unit monthly.
Elevator upgrade: $250K project might raise rents by $20 per unit.
Plumbing or fire safety systems also qualify with proper proof.
Lobby or energy efficiency work if building-wide.

In a 50-unit building, $300K upgrades could lead to $4.50 per unit monthly after DHCR math. Tenants get notice and can protest at hearings. Verify via four-year rent history to ensure rent raise legality.

Individual Apartment Improvements (IAI)

IAIs allow 1/40th cost pass-through for apartment-specific work, no DHCR approval needed if tenant agrees. This applies to stabilized units during tenancy. Post-HSTPA caps each IAI at $300 monthly increase.

Formula divides total cost by 40 months for the hike. Landlords need receipts and your written consent, no IAIs on vacant units. Watch for harassment claims that could void it under tenant rights.

New kitchen at $25K equals $625 monthly, but capped at $300.
Bathroom remodel for $15K means $375, also capped.
Floors or HVAC at $8K adds $200 per month.

Review the rent stabilization rider in your lease for details. If no consent or proof lacks, challenge as rent overcharge. Consult a tenant lawyer for disputes to protect your stabilized tenancy.

When Increases Aren't Allowed

No increases are allowed during the lease term, habitability violations, or DHCR-ordered reductions. For example, MCI rents are suspended without heat or hot water. This protects tenants in rent stabilized apartments under Real Property Law 226-b.

Landlords cannot raise rent mid-lease, as it violates landlord tenant law. Tenants should check their rent stabilized lease for the agreed rent until renewal. Breaking this rule can lead to disputes in housing court.

In cases of emergency repair violations or HP actions, courts often block hikes. Similarly, rent freeze years like 2020-22 due to COVID paused increases. Pending harassment claims or unregistered buildings with DHCR also halt adjustments.

Review your rent history and building status via DHCR records. If facing an illegal hike, document issues and contact a tenant lawyer or legal aid. These rules ensure tenant rights in NYC rent stabilization.

Mid-lease hikes are illegal, even with short-term leases.
Emergency repair violations trigger HP actions blocking raises.
MCI reductions apply, like for 30% windowless rooms.
Rent freeze years, such as 2020-22 COVID period.
Overcharge treble damages from rent overcharge claims.
Harassment claims pending suspend increases.
Unregistered DHCR building prevents legal hikes.

Landlord Notice Requirements

Landlords must serve Renewal Notice by May 1, which is 60 days before the lease end, proposing RGB or IAI increases on the DHCR form for rent stabilized apartments. This notice outlines the allowable rent increase based on Rent Guidelines Board decisions. Tenants receive details on one-year or two-year lease options.

The timeline for lease renewals follows strict dates to protect tenant rights. Landlords issue the offer by May 1, tenants respond by June 15, concessions like preferential rent take effect July 15, and new RGB rates apply September 1. Missing these deadlines can freeze rent at prior levels.

For increases over 5%, landlords provide 90-day notice under rent stabilization laws. This ensures tenants have time to review and challenge hikes. Failure to comply violates RPL 226-c, holding rent at the old amount.

Key Date	Action
May 1	Renewal offer due from landlord
June 15	Tenant response deadline
July 15	Concession effective date
September 1	New RGB rates apply

Sample Notice Language

A proper rent increase notice includes clear terms like "Your renewal lease proposes a 3% increase to $2,200 for a one-year term per RGB guidelines." It must reference the DHCR form and stabilization status. Vague language risks invalidation in housing court.

Notices specify lease term, new rent, and preferential rent if applicable. They remind tenants of renewal rights and response deadlines. Tenants should keep copies for rent history records.

If the notice omits RGB details or IAI justification, it may constitute an illegal rent increase. Challenge it promptly with DHCR or a tenant lawyer. Proper wording supports rent raise legality.

Service Methods

Landlords serve notices by personal delivery, regular mail, or certified mail. Personal service requires tenant signature or refusal note. Certified mail provides proof of mailing date.

Regular mail adds 5 days to notice periods under landlord tenant law. Keep mailing receipts to verify compliance. Improper service voids the notice.

For 90-day notices on larger hikes, use trackable methods. Tenants can demand proof in disputes. This upholds NYC rent stabilization protections.

Violations and Remedies

A RPL 226-c violation occurs if notice lacks timeliness or form requirements. Courts hold rent at prior levels until corrected. Tenants gain leverage in lease negotiations.

Report violations to DHCR for investigation. This prevents rent overcharge and supports stabilized tenancy. Legal aid can assist in filing complaints.

Persistent issues may lead to housing court for rent stabilized protections. Judges enforce old rent until compliance. Document all communications for your case.

Challenging Illegal Increases

File a DHCR overcharge complaint within 4 years, or unlimited time if fraud is proven, to seek refunds and treble damages for willful violations. This step protects your rent stabilization rights under New York housing laws. Tenants often recover significant amounts through this process.

Start by requesting your 4-year rent history from the landlord or DHCR for a small fee, typically around $20. Review it carefully for any illegal rent increases or improper calculations. This document is key evidence in proving overcharges.

Next, submit the DHCR RA-94 form promptly to challenge the hike formally. For issues like illegal holdovers, escalate to Housing Court. Post-HSTPA, willful overcharges can lead to treble damages, amplifying refunds.

Request 4-year rent history to verify legal rent.
File DHCR RA-94 form within the statute of limitations.
Pursue Housing Court for holdover cases or urgent relief.
Claim treble damages and attorney fees if willful misconduct is shown.
Contact Legal Aid Society for free legal help.

For example, if a landlord charged $400 extra monthly, treble damages could total $1,200 per month plus fees. This approach give the power tos tenants in rent stabilized apartments to enforce stabilized rent limits effectively.

Frequently Asked Questions

Can My Landlord Raise My Rent If I'm Rent Stabilized?

Yes, but only under strict regulations. If your apartment is rent-stabilized in a place like New York City, landlords can raise rent annually by a percentage set by the Rent Guidelines Board, typically 1-5% based on economic factors. They cannot exceed this without your approval or legal justification.

How Often Can My Landlord Raise My Rent If I'm Rent Stabilized?

Rent increases for rent-stabilized units are limited to once per year, usually at lease renewal. The exact amount is determined by the local Rent Guidelines Board after public hearings, ensuring fairness for both tenants and landlords.

What Are the Current Rent Increase Guidelines If I'm Rent Stabilized?

Guidelines vary yearly; for example, in NYC for 2023-2024, one-year leases saw up to 3% increases. Always check the official Rent Guidelines Board website or HPD for the latest approved rates specific to your area, as they adjust based on inflation and market conditions.

Can My Landlord Raise My Rent If I'm Rent Stabilized Without Notice?

No, landlords must provide at least 30-90 days' written notice before proposing a rent increase at lease renewal, detailing the amount and reason. Failure to do so can make the increase invalid, protecting rent-stabilized tenants.

Does Vacating My Apartment Allow a Bigger Rent Raise If I'm Rent Stabilized?

No, rent-stabilized apartments retain stabilization status even after a tenant vacates. Landlords can only apply preferential rents or standard guideline increases to new tenants, not deregulate unless the rent exceeds specific high-rent thresholds.

What Should I Do If My Landlord Illegally Raises My Rent If I'm Rent Stabilized?

Contact your local housing authority (e.g., NYC's DHCR), provide lease and notice documents, and file a complaint. You may be entitled to refunds for overcharges, plus penalties, and can challenge it in housing court if needed.