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Nacmias Law Firm, PLLC

Landlord-Tenant

Rent Stabilization Issues

We represent both owners and tenants on NYC rent-stabilization matters — DHCR rent-history audits, overcharge complaints, lease renewal disputes, MCI/IAI applications, and HSTPA-driven compliance — across all five boroughs.

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Overview

What you need to know about Rent Stabilization Issues.

The basics, what we do, and the issues we see most.

What's at stake with rent-stabilization issues in NYC, and how does HSTPA 2019 change things?

Quick Answer

NYC rent-stabilization is governed by the Rent Stabilization Code (9 NYCRR § 2520-2531), reshaped by the Housing Stability and Tenant Protection Act 2019 (HSTPA). Owners face strict registration, renewal, and rent-calculation obligations; tenants have an extended lookback to challenge overcharges. We represent both sides at DHCR and in court — never on the same matter.

Services we offer for Rent Stabilization Issues.

HSTPA 2019 reshaped almost every rent-stabilization rule — IAI/MCI caps, vacancy increases, deregulation, lookback periods, and registration enforcement. Whether you're an owner trying to comply or a tenant who suspects overcharge, the math matters and the regulations are unforgiving. Here's what we do.

  • Conduct DHCR rent-history audits — pulling rent registrations from 1984 forward to verify legal regulated rent
  • File and defend rent overcharge complaints (DHCR or court) under HSTPA's expanded lookback
  • Litigate lease renewal disputes — defective offers, failure to offer, preferential rent terms under HSTPA § 5
  • Prepare and defend Major Capital Improvement (MCI) and Individual Apartment Improvement (IAI) applications under HSTPA caps
  • Defend luxury deregulation, succession-rights, and primary-residence challenges
  • Counsel owners on rent-registration compliance and curing past registration defects
  • Negotiate buyouts compliant with the 2019 anti-harassment amendments

Scenarios we see most.

  • Rent overcharge complaints with treble-damages exposure under HSTPA § 7
  • Lease renewal disputes — defective forms, failure to offer, RGB rate calculation
  • Preferential rent disputes — HSTPA § 5 made preferential rent durable through tenancy
  • MCI applications — caps, useful-life recalculation, retroactive denial under HSTPA
  • IAI applications — $15K cap over 15 years, documentation requirements
  • Luxury deregulation challenges (most retroactively reversed by HSTPA for stabilized units)
  • Succession-rights claims by family members on tenant death or vacatur
  • Primary-residence challenges and golub notice timing (window: 90-150 days before lease end)

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

Eviction proceedings, rent collection, lease disputes, rent stabilization.

Tenants & Renters

Eviction defense, habitability claims, rent stabilization rights.

Property Managers

Compliance, lease negotiations, strategic representation for owners.

Co-op & Condo Boards

Shareholder disputes, proprietary lease issues, board-level matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Pull DHCR rent registration history (1984 forward) and reconstruct legal rent

  2. 2

    Step 2 of 5

    Identify regulatory violations or compliance gaps

  3. 3

    Step 3 of 5

    Prepare DHCR submission, court complaint, or defense package

  4. 4

    Step 4 of 5

    Represent at DHCR conference, OATH proceeding, or Housing Court hearing

  5. 5

    Step 5 of 5

    Pursue or defend appeals to DHCR Commissioner or Article 78 review

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

How do I find out if my apartment is rent-stabilized?

Tenants can request the apartment's rent registration history directly from DHCR (free, by mail or online via the DHCR rent registration portal). Indicators of stabilization: building has 6+ units and was built before 1974, lease references rent stabilization, or DHCR records show registered rents. Some unit-by-unit complications: post-1974 conversions, 421-a/J-51 tax-benefit stabilization (which can be temporary), and Loft Law units. We help reconstruct status when records are incomplete.

Question 2

How did HSTPA 2019 change overcharge claims?

Before HSTPA, the lookback for overcharge calculation was capped at four years; treble damages applied to two years. HSTPA dramatically expanded this — the lookback now goes back as far as records reasonably support, and treble damages can apply for the full overcharge period absent good-faith defense. The Court of Appeals' 2020 Regina Metropolitan decision held that HSTPA's lookback expansion does not apply retroactively to claims accruing before HSTPA — a major area of ongoing litigation. We assess each matter against current case law.

Question 3

Can my landlord raise the rent on a stabilized apartment by any amount they want?

No. Renewals are capped by the Rent Guidelines Board (RGB) order in effect for the lease commencement year — typically a low single-digit percentage for one-year and slightly higher for two-year. Vacancy increases were largely eliminated by HSTPA. MCI and IAI add-ons exist but are now capped and amortized differently. Any increase exceeding the RGB rate plus statutorily-permitted add-ons may be an overcharge.

Question 4

What's a 'preferential rent' and what changed in 2019?

A preferential rent is a rent charged that's lower than the legal regulated rent — historically used to attract tenants in soft markets. Pre-HSTPA, owners could revoke the preferential rent at lease renewal and charge up to the legal rent. HSTPA § 5 changed this: for tenants in occupancy on or after June 14, 2019, the preferential rent now governs throughout their tenancy. RGB renewal increases compute against the preferential rent, not the legal rent. This is a major value-shift toward tenants.

Question 5

Do you represent both landlords and tenants in rent-stabilization matters?

Yes — but never on the same matter or against the same building portfolio. We run conflict checks at intake. The firm's owner-priority client base means we more frequently advise on the compliance side, but we have substantial tenant-side experience as well, particularly on overcharge claims and succession matters. Free initial consultation to scope the matter and confirm no conflict.

Question 6

How long does a DHCR overcharge complaint take?

DHCR is chronically backlogged. From filing to a Rent Administrator decision, expect 12-24 months for a routine complaint and longer for complex audits. The decision can be appealed to the DHCR Commissioner (PAR — Petition for Administrative Review), adding another 6-12 months, and either side can pursue Article 78 review in NY Supreme Court. Tenants who want faster resolution sometimes file overcharge claims in Housing Court instead, often as part of a nonpayment defense.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

View all guides
External

Department of Housing Preservation and Development (HPD)

HPD is responsible for ensuring New Yorkers have access to safe, affordable housing through enforcement, preservation, and development progr

Resource

NYC Housing Court

The NYC Housing Court is the Landlord-Tenant Part of the Civil Court. It hears nonpayment proceedings (tenant owes rent), holdover proceedin

Resource

Housing Court Forms & Fees

The standard NYC Housing Court index-number fee is $45 for a summary proceeding (nonpayment, holdover, HP). Additional fees apply for motion

Free case review

Rent-stabilization issue surfacing?

Renewals, registration, and overcharge math have specific clocks. Pre-renewal review prevents most problems for owners; pre-court review preserves overcharge claims for tenants. Same-day case review during business hours.

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Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters