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Renting · New York City

What happens to my preferential rent at renewal?

See your new preferential rent, the new legal rent and your discount at renewal, plus a five-year projection.

Updated October 12, 2026 · fact-checked against official sources

Your new preferential rent
$2,100.00

RGB Order #58 (0% (rent freeze)) is applied to the rent you pay, not to the legal rent.

Preferential rent now$2,100.00
Increase per month$0.00
New legal regulated rent (on record)$2,600.00
Discount per year at the new rents$6,000.00
Your discount below the legal rent$500.00/mo
5-year projection if you keep renewing
Legal regulated rent Preferential rent you pay
$2.6K$2.4K$2.1KYear 1Year 2Year 3Year 4Year 5
Hover the chart for exact values.
Year startingYou payLegal rentDiscount
Nov 1, 2026$2,100.00$2,600.00$500.00
Nov 1, 2027$2,100.00$2,600.00$500.00
Nov 1, 2028$2,100.00$2,600.00$500.00
Nov 1, 2029$2,100.00$2,600.00$500.00
Nov 1, 2030$2,100.00$2,600.00$500.00

Over these five years you would pay about $30,000.00 less than the legal rent.

The owner can switch to the legal rent only after you permanently move out, and only if that legal rent was written in the lease where the preferential rent started and in every renewal since. A lease clause that ends the discount for paying late is not enforceable (HCR Fact Sheet #40).

What a preferential rent is

A preferential rent is a rent your owner agrees to charge that is lower than the legal regulated rent they could lawfully collect. Your lease shows both numbers. Before June 2019, owners could often drop the discount at renewal and jump straight to the legal rent. The Housing Stability and Tenant Protection Act (HSTPA), signed June 14, 2019, ended that for tenants in place.

How the calculator works

  1. It finds the Rent Guidelines Board order whose window contains your renewal start date (for example Order #58 for leases starting Oct 1, 2026 to Sep 30, 2027).
  2. New preferential rent = preferential rent × (1 + guideline %).
  3. New legal rent = legal rent × (1 + the same guideline %). This stays on your lease and registration but is not what you pay.
  4. The discount is the gap between the two. Because both rise by the same percentage, the dollar gap grows when increases are positive.
  5. The five-year projection repeats your chosen term at the percentage you enter for future renewals. Future board votes are unknown, so the default is 0%.

Worked example

HCR's own example: a lease effective October 1, 2018 showed a legal rent of $1,200 and a preferential rent of $1,000. The one-year renewal starting October 1, 2019 fell under Order #51 (1.5%). The legal rent rose to $1,218 and the preferential rent to $1,015. The tenant pays $1,015, not $1,218.

With this page's defaults (legal $2,600, preferential $2,100, one-year renewal starting November 1, 2026), Order #58's freeze applies, so both rents stay the same and you keep a $500 monthly discount, or $6,000 a year.

A 1-year renewal under Order #57 (3%) with a preferential rent
Legal rentYou pay
Current lease$2,600.00$2,100.00
Renewal, applied to the preferential rent (current law)$2,678.00$2,163.00
Increase per month+$78.00+$63.00
Source: Rates: RGB Order #57; rule: HCR Fact Sheet #40

Edge cases

  • Late-payment clauses: an owner cannot enforce a clause that ends your discount because rent was late, or that requires a payment method such as electronic payment.
  • Legal rent must be written down: to charge the old legal rent after you leave, the owner must have stated it in the lease where the preferential rent started and in every renewal. Registration alone is not enough.
  • Regulatory agreements: some government-assisted buildings with project-based rental assistance are treated differently. Ask the agency that supervises the building.
  • MCI and IAI increases are separate from the guideline and are not modeled here.

What to do if your renewal ignores your preferential rent

First, request your rent history from HCR (online, by appointment at a borough rent office, or with form REC-1). Then compare the registered rents with your leases. If the owner based the renewal on the legal rent, you can file a rent overcharge or lease violation complaint with HCR or go to court. The rent overcharge estimator shows roughly how much is at stake, and preferential rent in NY after the 2019 law covers the rule in more depth. To check a plain renewal, use the rent-stabilized renewal calculator.

Common questions

Can my landlord take away my preferential rent at renewal?

No, not for a tenant whose lease was in effect on or after June 14, 2019. Under the Housing Stability and Tenant Protection Act, you keep the preferential rent for as long as you stay, and renewal increases are applied to it.

What happens to the legal regulated rent?

It also rises by each guideline increase and stays on the lease and rent registration. The owner can charge it only after you permanently move out, and only if it was written in the lease where the preferential rent began and in every renewal since.

Can a lease clause end my preferential rent if I pay late?

No. HCR Fact Sheet #40 says an owner cannot use or enforce a clause that ends a preferential or discounted rent because rent was paid late, or that requires a certain payment method such as electronic payment.

What can I do if my renewal is based on the legal rent instead?

You can file a rent overcharge or lease violation complaint with HCR (online through Rent Connect) or go to court. Ask for your rent history from HCR first so you have the registered numbers.

Fact-checked October 12, 2026

Re-verified 2026-10-12: preferential-rent rule read in HSTPA S6458 Part E §2 (NYC Admin. Code §26-511(c)(14)) and HCR FS-40 (05/2024), including its $1,200/$1,000 to $1,218/$1,015 example, late-payment and payment-method clause rules, and the written-legal-rent requirement; FS-26 (07/2026) confirms increases apply to the preferential rent. Guideline rates for Orders #51–#58 checked on each RGB order page and FS-26. Math checked by hand: defaults ($2,600/$2,100, Order #58) give $2,100 and a $500/mo gap; Order #57 1-year gives $2,163 and $2,678. Fixed the five-year savings total to sum month by month so mid-lease rate steps are counted. Projection beyond the current order uses a user-entered assumption, not a forecast.

Sources

  1. Fact Sheet #40: Preferential Rents (FS-40, 05/2024) · NYS Homes and Community Renewal (accessed October 12, 2026)
  2. Fact Sheet #26: Guide to Rent Increases for Rent Stabilized Apartments (FS-26, 07/2026) · NYS Homes and Community Renewal (accessed October 12, 2026)
  3. Housing Stability and Tenant Protection Act of 2019 (S6458), Part E · New York State Senate (accessed October 12, 2026)
  4. Order #58: Apartment and loft guidelines, leases Oct 1, 2026 – Sep 30, 2027 · NYC Rent Guidelines Board (accessed October 12, 2026)
  5. Order #57: Apartment and loft guidelines, leases Oct 1, 2025 – Sep 30, 2026 · NYC Rent Guidelines Board (accessed October 12, 2026)
  6. Rent Increases and Rent Overcharge · NYS Homes and Community Renewal (accessed October 12, 2026)

General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.