New York Statewide Rule

New York Allows Rent Stabilization Statewide via the ETPA

Heavy RestrictionsApplies statewide across New York (2026)

New York permits robust local rent regulation. Rent stabilization, governed by the Emergency Tenant Protection Act, plus a smaller legacy rent-control program, cap increases on covered units. Since the 2019 HSTPA, any locality with under-5% rental vacancy may opt in, and a Rent Guidelines Board sets each year's allowable increase.

Key Facts

Local rent control: Allowed (rent stabilization + legacy rent control)
Statewide rent cap: None fixed; set locally by rent guidelines boards
Statutes: Emergency Tenant Protection Act (1974); HSTPA (2019)
Where in effect: NYC plus ETPA opt-in localities (e.g., Westchester, Nassau, Rockland, Kingston)

Last verified: 2026-06-27Source: New York State Senate

Full Breakdown

New York is a strongly pro-regulation state. Rent stabilization, the large modern system, is governed by the Emergency Tenant Protection Act of 1974 (ETPA, Ch. 576) and, in New York City, the Rent Stabilization Law. The 2019 Housing Stability and Tenant Protection Act (HSTPA) strengthened these laws and let any municipality statewide opt into ETPA after a vacancy study declares a housing emergency, defined as a rental vacancy rate below 5%. A separate legacy rent-control program covers some long-occupied units in pre-1947 buildings. There is no single statewide percentage cap: a local Rent Guidelines Board sets the allowable annual increase for stabilized units each year, while rent-controlled increases follow a Maximum Base Rent or capped formula administered by HCR's Office of Rent Administration.

Violations & Penalties

A tenant who believes they were charged above the legal regulated rent can file a rent-overcharge complaint with HCR's Office of Rent Administration, which can order a refund of the overcharge plus, where willful, treble (triple) damages.

Frequently Asked Questions

Is rent control legal in New York?

Yes. New York has both rent stabilization under the Emergency Tenant Protection Act of 1974 and a smaller legacy rent-control program, administered statewide by Homes and Community Renewal.

Can a city in New York pass its own rent control?

Yes. Since the 2019 HSTPA, any New York municipality may opt into ETPA rent stabilization after a study shows a rental vacancy rate below 5% and declares a housing emergency.

How much can rent increase under New York rent stabilization?

There is no fixed statewide cap. A local Rent Guidelines Board sets the allowable annual increase each year, so the percentage varies by year and jurisdiction.

Sources

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New York Allows Rent Stabilization Statewide via the ETPA

Heavy RestrictionsApplies statewide across New York (2026)

Full Breakdown

Frequently Asked Questions

Is rent control legal in New York?

Yes. New York has both rent stabilization under the Emergency Tenant Protection Act of 1974 and a smaller legacy rent-control program, administered statewide by Homes and Community Renewal.

Can a city in New York pass its own rent control?

Yes. Since the 2019 HSTPA, any New York municipality may opt into ETPA rent stabilization after a study shows a rental vacancy rate below 5% and declares a housing emergency.

How much can rent increase under New York rent stabilization?

There is no fixed statewide cap. A local Rent Guidelines Board sets the allowable annual increase each year, so the percentage varies by year and jurisdiction.