How the checker decides
Rent stabilization in New York City depends on the building first and the apartment second. The checker looks at the signals that the law and HCR use to decide coverage, gives each one a weight, and adds them up. A rent stabilization lease rider is the strongest sign. Building age and size come next, then tax benefits and the official building list. A co-op or condo owner renting out a unit, or a high-rent deregulation before June 2019, pulls the score down.
The weights are Roofy's own estimate of how strong each sign is. Only NYS Homes and Community Renewal (HCR) can tell you for certain, through your apartment's rent history.
| Building | Covered? |
|---|---|
| 6+ units, built Feb 1, 1947 – Dec 31, 1973 | Yes, generally |
| Built before Feb 1, 1947, tenant moved in after June 30, 1971 | Yes, generally (earlier tenants may be rent controlled) |
| 3+ units, built or substantially renovated on/after Jan 1, 1974 with 421-a, J-51 or similar benefits | Yes, while the benefit lasts or until the tenant leaves, depending on the program |
| J-51 building with fewer than 6 units | Can be covered |
| Unit deregulated for high rent or high income before June 14, 2019 | Generally no longer covered |
| Moved in after a co-op or condo conversion | Generally not covered |
Worked example
You rent in a 1962 walk-up with 20 apartments. You don't know about tax benefits or the building list, and you haven't checked your lease. The checker gives the building-age signal 3 points, which reads as Likely. You then open your lease and find the NYC "Lease Rider for Rent Stabilized Tenants" (+5). The result jumps to Very likely. If instead you had no rider and your rent history showed the unit was deregulated for high rent in 2015 (−3), the score would fall to 0, which reads as Unlikely. In both cases the rent history is what settles it.
Why the 2019 date matters
Before June 14, 2019, owners could take a vacant apartment out of stabilization once its legal rent passed a threshold, and could deregulate some occupied units based on high tenant income and rent. The Housing Stability and Tenant Protection Act repealed both as of June 14, 2019. That is why the building lists warn that not every unit in a listed building is still stabilized.
Get a definite answer
- 1
Request your rent history
Ask HCR online, by appointment at a borough rent office, or with form REC-1. Online requests are printed and mailed to the apartment address. See how to request your rent history. - 2
Check the building list
The Rent Guidelines Board posts lists by borough and ZIP of buildings that registered at least one stabilized unit. - 3
Read your lease
A stabilized lease or renewal comes with the NYC rent stabilization lease rider, and renewals use DHCR form RTP-8. - 4
Look up the building
Use Roofy's building lookup for the year built, unit count and violation history.
Once you know you are stabilized, use the renewal calculator to check your next increase and the overcharge estimator if your rent looks too high.