Does New York have rent control and who does it cover?

What the Law Says

New York’s rent control system is governed by the Rent Stabilization Law and the Emergency Housing Rent Control Law. It is far more limited than rent stabilization and applies only to a shrinking pool of older housing units.

Rent control in New York State is authorized under the Emergency Housing Rent Control Law (EHURL), originally enacted in 1946 to address post-war housing shortages. It applies only to residential buildings constructed before February 1, 1947, and only if they were subject to rent control on June 30, 1971.

To remain under rent control, a tenant must have been in continuous occupancy since at least July 1, 1971 — or be a qualifying family member who lawfully succeeded to the tenancy (e.g., spouse, child, or other dependent who resided with the tenant for at least two years before their death or departure).

Once a unit becomes vacant, it generally exits rent control unless a qualified family member succeeds to the tenancy. Also, units may be deregulated if the legal regulated rent reaches $2,000 or more per month (as adjusted), or if the tenant’s household income exceeds $250,000 for two consecutive years (though this high-income deregulation provision applies only to rent-stabilized — not rent-controlled — units).

Statutory Text

No city shall adopt or continue in effect any emergency housing rent control law unless such city was subject to the provisions of section twenty-five of the state rent control law on June thirtieth, nineteen hundred seventy-one.

— Emergency Housing Rent Control Law, § 2

Statutory Text

Every dwelling unit which is subject to rent control on June thirtieth, nineteen hundred seventy-one, shall remain subject to such control until such time as such unit is no longer used for residential purposes or is demolished or is removed from the rental market.

— Emergency Housing Rent Control Law, § 4

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