300 Ashland in Fort Greene, Brooklyn has stabilized units designated as part of the city’s affordable housing program
In New York City’s very expensive housing market, a rent controlled or rent stabilized apartment is heralded as the golden ticket of real estate. But these are two very different concepts that can be easily confused given the complicated laws that make up New York’s affordable housing. Here’s what distinguishes one from the other, how to secure rent regulation, and the factors that can upend it.
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What Is Rent Regulation?
Rent regulation is NYC's way of saying, “Hey, maybe not everyone should have to pay $5,000/month to live in a closet.” It’s a set of laws that keep certain apartments more affordable by limiting how much landlords can raise the rent each year. These laws have been around in some form since the 1920s, back when the city was trying to prevent mass evictions after World War I.
Over the decades, rent regulation has evolved into two main systems: rent control and rent stabilization. Both aim to protect tenants—but they operate a little differently.
Over the decades, rent regulation has evolved into two main systems: rent control and rent stabilization. Both aim to protect tenants—but they operate a little differently.
The Monte Sano, #40 (City Connections Realty Inc) | https://cityrealty.com/n/I2728409
Rent Control vs. Rent Stabilization
Rent control is the mythical creature of NYC housing. It only applies to apartments in buildings built before 1947, and the tenant (or their legal successor, like a family member) must have been living there continuously since before July 1, 1971. So, if you weren’t watching All in the Family on your living room’s rabbit-ear TV that year, you’re probably out of luck.
There are only a few thousand of these apartments left, and the rents are often jaw-droppingly low—like $500/month for a two-bedroom in the West Village kind of low. But when one becomes vacant, it usually either gets downgraded to rent-stabilized, or, if it’s in a small building (fewer than six units), it’s often deregulated completely.
Rent stabilization, on the other hand, is much more common and slightly more attainable. It generally applies to buildings with six or more units built between 1947 and 1974, plus certain newer buildings that got tax breaks for including affordable housing.Once you’re in a stabilized unit, the landlord can’t just crank up the rent on a whim—it’s limited by annual percentages set by the city’s Rent Guidelines Board. You also get things like guaranteed lease renewals and more protection against evictions.
Does Rent Stabilization Last Forever?
Short answer: not always. But the rules have gotten a lot more tenant-friendly in recent years.
Until 2019, landlords could kick units out of the rent-stabilized system under certain conditions, like if the rent was over $2,700 and the tenant either moved out (vacancy deregulation) or was making more than $200K a year (income deregulation). But then came the Housing Stability and Tenant Protection Act of 2019, which has made it much more difficult for landlords to destabilize units.
Until 2019, landlords could kick units out of the rent-stabilized system under certain conditions, like if the rent was over $2,700 and the tenant either moved out (vacancy deregulation) or was making more than $200K a year (income deregulation). But then came the Housing Stability and Tenant Protection Act of 2019, which has made it much more difficult for landlords to destabilize units.
Now, most stabilized units stay stabilized unless the building leaves a tax benefit program, gets demolished, or undergoes serious legal changes. Landlords can still raise rents a bit for major renovations—like putting in a new roof or replacing your 1970s avocado-green stove—but even those increases are limited and regulated more strictly than before.
The legislation remains controversial, with many landlords arguing that the limited rent increases allowed under the law don’t cover the cost of renovations and building upkeep—prompting some owners to leave units vacant altogether.
How Do You Actually Find One?
Finding a rent-controlled apartment? That’s a long shot unless you inherit one. But rent-stabilized units are still out there, if you know where to look—and what questions to ask.
In older buildings, landlords might not advertise stabilization at all. In fact, some might not even mention it if they think you won’t ask. If you're moving into a building with six or more units built before 1974, do your homework. Start by checking out AmIRentStabilized.com or requesting your apartment’s rent history from NYC’s Housing and Community Renewal (HCR). This can show if the apartment is stabilized and if you’re being charged the correct legal rent.
In older buildings, landlords might not advertise stabilization at all. In fact, some might not even mention it if they think you won’t ask. If you're moving into a building with six or more units built before 1974, do your homework. Start by checking out AmIRentStabilized.com or requesting your apartment’s rent history from NYC’s Housing and Community Renewal (HCR). This can show if the apartment is stabilized and if you’re being charged the correct legal rent.
In newer buildings, stabilized units are often part of the city’s affordable housing program and offered through a lottery system. You can track those listings at NYC Housing Connect, where new apartments hit the market regularly. Just keep in mind: there are income requirements, and the competition is real.
Select Rent-Stabilized Listings
The Bleecker, #4C (City Connections Realty Inc)
312 West 114th Street, #64 (Bohemia Realty Group LLC)
83 Bushwick Place, #4C (Compass)
Packard Square North, #10F (Corcoran Group)
152 West 72nd Street, #5D (City Connections Realty Inc)
Denizen Bushwick, #221 (Corcoran Group)
300 Ashland, #PH-E (Two Trees Management Co)
237 11th Street, #7G (Corcoran Group)
230 West 99th Street, #1E (City Connections Realty Inc)
999 Willoughby Avenue, #2D (Douglas Elliman Real Estate)
Astoria Central, #409 (Real New York)
340 West 48th Street, #2F (Real New York)
The Monte Sano, #40 (City Connections Realty Inc)
363 West 46th Street, #3A (ZENYC, LLC)
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