Rent Controlled vs. Rent Stabilized vs. Free Market Apartments
The type of apartment you rent decides how much your rent can go up and whether you have a right to renew your lease. Here is how the three main categories compare.
Rent stabilized
Rent stabilization covers a large share of New York City apartments. It generally applies to buildings with six or more units built before 1974, plus some newer buildings that received tax benefits such as 421-a or J-51.
- Rent increases are set each year by the NYC Rent Guidelines Board for one-year and two-year leases.
- You have the right to renew your lease, with limited exceptions.
- Units stay stabilized: since the 2019 Housing Stability and Tenant Protection Act, apartments can no longer be deregulated because of high rent or vacancy.
- Check your status: you can request your apartment’s rent history from New York State Homes and Community Renewal (HCR).
Rent controlled
Rent control is much older and much rarer. It generally applies only to tenants (or their qualifying family members) who have lived continuously in the same apartment since before July 1, 1971, in buildings built before February 1947. When a rent-controlled apartment becomes vacant, it usually becomes rent stabilized. If you’re searching for a new apartment today, you will almost never find a rent-controlled one.
Free market (market rate)
Free market apartments are not covered by rent stabilization or rent control. The landlord and tenant negotiate the rent. But free market does not mean no protections:
- Good Cause Eviction: since 2024, many market-rate tenants in NYC are protected by the state’s Good Cause Eviction law, which limits large rent increases and requires a valid reason to evict or not renew. Some buildings are exempt, including those owned by small landlords and many newer buildings.
- Notice of increases: landlords must give 30, 60, or 90 days’ written notice before raising rent by 5% or more or not renewing, depending on how long you’ve lived there.
In Westchester County
Some Westchester municipalities have rent-stabilized apartments under the state’s Emergency Tenant Protection Act (ETPA), which is administered by HCR. Whether an apartment is covered depends on the city or town and the building. Good Cause Eviction applies outside NYC only where a locality has opted in. Ask us before you sign, and we’ll help you find out.
Quick comparison
| Rent stabilized | Rent controlled | Free market | |
|---|---|---|---|
| Who sets increases | Rent Guidelines Board | State formula | Negotiated (Good Cause limits may apply) |
| Right to renew | Yes | Yes | Only where Good Cause applies |
| Available to new tenants | Yes | Almost never | Yes |
Not sure what kind of apartment you’re looking at? Ask us, or read our guides to ending or renewing your lease and tenant rights in NYC.
This page is general information, not legal advice. Rules change; confirm with HCR, the Rent Guidelines Board, or an attorney.