NYC Rent Stabilization: What Every Landlord Needs to Know to Evict Legally and Stay Compliant
- Carl J. Muraco
- Jul 1
- 3 min read
Being a landlord in New York City for properties that are subject to rent stabilization comes with unique challenges, especially when it comes to managing rent-stabilized apartments. Strict regulations affect how much rent you can charge, how and when you can offer lease renewals, and most importantly—how you can legally evict a tenant.
This guide walks you through the legal procedures every NYC landlord must follow to stay compliant and evict tenants lawfully under the Rent Stabilization Law (RSL).
What Is Rent Stabilization in NYC?
Rent-stabilized apartments are governed by laws that limit rent increases and provide tenants with strong renewal rights. If you’re a landlord of such a unit, your rental properties must comply with the Rent Stabilization Law and oversight from the New York State Department of Homes and Community Renewal (DHCR) or (HCR).
Failure to follow these rules can limit your ability to evict tenants, raise rent, or enforce your lease as well as potential liability from the DHCR for fines and penalties.
Most importantly every owner of rent stabilized property must register with the DHCR each and every year. Without this annual filing the landlord may be liable for fines per each unit. THE DHCR IS NOW ACTIVELY ENFORCING THE ANNUAL REGITSRTAION SO IT IS ADVISABLE TO REGISTER TIMELY AND PROPERLY.
Lease Renewal Requirements for Landlords
As a landlord, you’re legally obligated to offer lease renewals:
90–150 days before the current lease expires.
For a 1-year or 2-year term, at the tenant’s choice.
With rent increases based on the Rent Guidelines Board (RGB).
Tip: Document your lease renewal notices and get proof of service via certified mail receipt. Without proper notice, you may lose the right to raise rent—or evict a tenant who refuses to renew.
If a Tenant refuses to sign a renewal lease then 60 days after a proper and timely renewal offer was submitted the landlord can commence a "failure to renew" holdover proceeding which is an eviction proceeding which forces the tenant to sign the renewal lease.
The renewal offer must be timely 90-150 days prior to commencement and must be proper regarding the increases and any other information. If the renewal offer is improper then the tenant has the right to refuse however if it is proper then the tenant is legally required to sign.
THE RENT GUIDELINES BOARD JUST VOTED ON THE YEARLY INCREASES.
Rent Increases and What Landlords Must Know
Under RGB Order No. 57, which applies to leases beginning between October 1, 2025, and September 30, 2026:
1-Year Lease: 3% rent increase
2-Year Lease: 4.5% rent increase
As a landlord, you must follow these rates and provide written notice, even if the increase is below 5%.
Annual Rent Registration for Landlords
Landlords must register rent-stabilized apartments with DHCR each year, detailing:
Legal rent
Lease terms
Tenant status
Failing to register can jeopardize your ability to collect increases—or even evict a tenant for lease violations.
How Landlords Can Evict Tenants Under RSL
Evicting tenants in NYC is never simple—especially under rent stabilization. As a landlord, here are the legal procedures to evict a tenant lawfully:
1. Non-Payment of Rent
Serve a 14-day rent demand.
File a non-payment case in Housing Court if unpaid.
Never lock tenants out—illegal eviction is a criminal offense.
2. Holdover (Lease Violation or Expired Lease)
Serve a Notice to Cure if tenant violated lease terms (e.g., unauthorized subletting).
If unresolved, issue a Notice of Termination and then file a holdover proceeding.
Landlords must evict through court—self-help actions are strictly prohibited.
Recordkeeping: Your Legal Defense as a Landlord
Maintain detailed records of:
Lease agreements
Notices served (rent increase, lease renewal, eviction)
Payment history
HCR registrations
This documentation is essential if you ever need to evict a tenant or defend yourself against claims of overcharge or harassment.
Best Practices for Landlords Facing Eviction Issues
Hire a landlord-tenant attorney: NYC housing law is complex—legal guidance is crucial for a proper eviction. My office handles these types of cases everyday.
Stay compliant with RSL: Improper procedures can lead to eviction delays or penalties.
Keep up with changes: RGB orders and legal rules change every year.
What Happens If a Landlord Fails to Comply?
Non-compliance with rent stabilization laws can result in:
Loss of rent increases
Inability to evict tenants legally
Fines, legal fees, and treble damages
Final Thoughts: Successful Evictions Start with Legal Compliance
Being a landlord in NYC means knowing when and how you can evict tenants legally. Whether you’re dealing with rent non-payment or lease violations, following proper procedures is essential. Stay proactive, document everything, and consult legal counsel when needed.
Need help with lease renewals or tenant eviction procedures?
contact Carl J. Muraco directly at 718-938-9732 to discuss your options.
