Rent Stabilization in NYC was created in order to provide protection to tenants in three ways: affordability, habitability, and security of tenure. With the enactment of the Rent Stabilization Law of 1969 and with the Emergency Tenant Protection Act of 1974, it was clear that the lawmakers’ primary objective was to have fair and affordable rents. Rents in stabilized apartments are considered affordable because there are limits to how much a landlord can increase the rent. The properties that contain these stabilized apartments are generally those which have six or more units, and are built before 1974. However, new construction properties, including those with fewer than six units can also be Rent Stabilized if they are receiving special tax benefits such as: 421A and J-51 tax abatement. The aforementioned abatements are incentives for landlords to create or maintain affordable housing. Roughly half of all New York City apartments are rent stabilized.
No Eviction : New York Codes, Rules and Regulations (NYCRR)
Restrictions on removal of Rent Stabilized Tenant
Westlaw states that:
(a) As long as the tenant continues to pay the rent to which the owner is entitled, no tenant shall be denied a renewal lease or be removed from any housing accommodation by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession, except on one or more of the grounds specified in this Code.
(b) It shall be unlawful for any person to remove or attempt to remove any tenant from any housing accommodation or to refuse to renew the lease or rental agreement for the use of such housing accommodation, because such tenant has taken, or proposes to take any action authorized or required by the RSL or this Code, or any order of the DHCR.
(c) No tenant of any housing accommodation shall be removed or evicted unless and until such removal or eviction has been authorized by a court of competent jurisdiction on a ground authorized in this Part or under the Real Property Actions and Proceedings Law.
Every man loves justice at another man’s expense.
-Anonymous, Forbes Book on Quotations
“We have to make sure working class people and middle class people can live in this city and stay in this city. And they need help to do that.”
-Mayor De Blasio
Governor Cuomo’s steadfast support has helped tenants whose landlords have been abusing the system and are blatantly disregarding established laws and policies. The governor has successfully returned over 50,000 improperly deregulated apartments in New York City to rent regulation. In addition, he has also restored more than $2.25 million in overcharged rent to tenants over the last four years. “New York has zero tolerance for those who seek to defraud or discriminate against rent-regulated tenants trying to make a home for themselves and their families,” Governor Cuomo said while advocating for tenants’ rights.
Under the De Blasio and Cuomo administrations, there have been two consecutive rent freezes on one-year renewal leases; this is an unprecedented event. The Rent Guidelines Board, which determines the rent increase and is appointed by Mayor De Blasio, plays an active role in ensuring tenants are fully protected by the law. Mayor De Blasio also signed into law three new measures to protect tenants from harassment further demonstrating his unwavering support for the city’s renters. These laws were created to end unscrupulous tactics that pressure tenants out and harass them into being bought out even though they’ve already refused. The mayor has made it a priority of his administration to ensure that not only the wealthy can comfortably live in New York City.
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