New York City · Special housing
Special housing in New York City: when the ordinary route is not enough
Stabilized, controlled, NYCHA, Section 8, Mitchell-Lama, lofts, SROs, co-ops and owner-occupied small buildings don't share one regime. This page helps you recognise which you're in, what evidence would settle it, and where the official route is. It does not decide it, and it never infers a designation from a building's age or address.
RSL + RGB
Rent-stabilized apartment
An apartment registered with DHCR as stabilized: typically 6+ unit buildings built 1947–1973, pre-1947 tenancies begun after June 1971, or buildings with tax benefits.
What is different
- Rent increases follow the Rent Guidelines Board order for the lease commencement date and term (Order 58: 0% / 0% from 1 Oct 2026)
- Tenant has a right to a renewal lease on the same terms; non-renewal grounds are narrow
- Annual registration with DHCR; rent history is discoverable
Evidence that would settle it
- What does the DHCR rent history for the apartment show?
- Does the lease carry the stabilization rider?
- Is there a 421-a or J-51 tax benefit on the building?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: hcr.ny.gov (fetched 29 Sep 2026) · DHCR rent history request — verify
Planner (stabilized route)Rent control
Rent-controlled apartment
A pre-1947 building where the tenant or a lawful successor has lived continuously since before 1 July 1971.
What is different
- Maximum Base Rent system administered by DHCR; increases are not RGB percentages
- Succession rights; eviction grounds are narrow
- GOL §7-108 deposit rules do not apply (verify)
Evidence that would settle it
- When did the tenant's occupancy begin, and is there a succession claim?
- What does the DHCR MBR record show?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: hcr.ny.gov (fetched 29 Sep 2026) · DHCR rent history request — verify
Specialist route (DHCR): ask a specialist before using this hub's toolsRPL Art. 6-A
Unregulated apartment covered by Good Cause
A market-rate apartment in NYC, landlord with more than 10 units statewide, building certificate of occupancy before 2009, rent at or below 245% of FMR, not owner-occupied ≤10 units.
What is different
- Eviction or non-renewal needs a listed ground; a Housing Court judgment is still required
- Rent increases above the local rent standard (lower of 10% or 5% + CPI) are presumptively unreasonable, not prohibited
- Good Cause notice attached to leases, renewals and notices (verify)
Evidence that would settle it
- How many units does the landlord own in New York State, counting affiliates?
- When was the certificate of occupancy issued?
- Is the rent at or below 245% of the current FMR for the unit size?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: RPL Article 6-A §§211–216 (nysenate.gov, fetched 29 Sep 2026) · sunset 15 Jun 2034
Confirm with the applicability checkState baseline only
Owner-occupied building with 10 or fewer units, or small landlord
The owner lives in the building (≤10 units), or the landlord owns 10 or fewer units in the State.
What is different
- Good Cause does not apply (the notice must still disclose the small-landlord exemption — verify)
- Deposits, 226-c notices, fee caps and Housing Court still apply
- Fair Chance for Housing exempts owner-occupied buildings with 2 or fewer units only
Evidence that would settle it
- Does the owner actually reside there?
- Unit count across all entities the owner controls?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: RPL Article 6-A §§211–216 (nysenate.gov, fetched 29 Sep 2026) · sunset 15 Jun 2034
Confirm with the applicability checkState baseline only (30 years)
Certificate of occupancy 2009 or later
Buildings whose temporary or permanent certificate of occupancy was issued on or after 1 January 2009.
What is different
- Exempt from Good Cause for 30 years from the CO
- May still be stabilized if it takes 421-a or similar tax benefits; the rider decides
Evidence that would settle it
- Date on the certificate of occupancy?
- Any tax-benefit stabilization?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Certificate of occupancy issued on or after 1 Jan 2009: exempt for 30 years (RPL §214)
Confirm with the applicability checkFederal programme
NYCHA public housing
An apartment owned and operated by the New York City Housing Authority.
What is different
- Federal public housing rules and NYCHA's own procedures govern rent and termination
- Not a private tenancy; this hub's tools do not apply
Evidence that would settle it
- Is the landlord NYCHA itself?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: 42 U.S.C. §1437 · NYCHA — verify
Not covered by this hubHAP contract + State law
Section 8 voucher tenancy
A private apartment where the tenant's rent is subsidised by a Housing Choice Voucher (NYCHA, HPD or HCR administered).
What is different
- The HAP contract and the tenancy addendum sit on top of the lease; rent changes need PHA approval and a reasonableness test
- Refusing a voucher is source-of-income discrimination under the NYC Human Rights Law
- Inspections (HQS / NSPIRE) are a condition of payment
Evidence that would settle it
- Which agency administers the voucher?
- Is the HAP contract current?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: 24 CFR Part 982 · NYC Admin Code §8-107(5) — verify
Specialist reviewSupervised programme
Mitchell-Lama, HDFC or other supervised housing
Limited-profit or limited-equity housing supervised by HPD or HCR.
What is different
- Rents, income limits and succession follow the supervising agency's rules
- Co-op shareholders are not tenants in the ordinary sense
Evidence that would settle it
- Which agency supervises, and what does the regulatory agreement say?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Private Housing Finance Law — verify
Not covered by this hubLoft Law / SRO rules
Loft (interim multiple dwelling) or SRO
A residential loft under the Loft Law, or a single-room-occupancy unit.
What is different
- Loft Board jurisdiction for IMDs; rent increases and legalisation follow the Loft Law
- SROs have their own hotel-stabilization guidelines (RGB hotel order: 0% for 2026-27) and anti-harassment certification rules
Evidence that would settle it
- Is the building registered with the Loft Board?
- Is the unit a Class B or SRO unit?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: MDL Art. 7-C · RGB hotel order — verify
Specialist route: ask a specialist before using this hub's toolsState baseline + proprietary lease / bylaws
Co-op or condo unit
A unit owned as a condominium or a co-op shareholder sub-letting to a tenant.
What is different
- The tenant's rights are the State baseline; Good Cause exempts units owned as a condo or co-op
- The board's sublet policy and fees bind the owner, not the tenant
- Co-op sublets often need board approval
Evidence that would settle it
- Does the board permit sublets, and for how long?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: RPL §214 — condo/co-op exemption
Start a tenancyLocal Law 18
Short-term rental (under 30 days)
Stays under 30 days without the host present, or registered short-term rentals.
What is different
- Registration with the Office of Special Enforcement; most whole-unit short stays are unlawful in NYC
- Not a tenancy; this hub does not cover it
Evidence that would settle it
- Is the stay 30 days or more?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Short-term rentals (under 30 days) require registration with the Office of Special Enforcement under Local Law 18; outside this hub's scope (verify)
Not covered by this hubAt a glance
Which framework sets the rent, whether Good Cause is in play, and whether the hub's ordinary tools should be used.
| Situation | Rent set by | Good Cause | Hub tools |
|---|---|---|---|
| Rent-stabilized apartment | RGB order | Exempt (regulated) | Use the stabilized routes; DHCR for everything else |
| Rent-controlled apartment | MBR / DHCR | Exempt (regulated) | Do not use the hub's rent or deposit tools |
| Unregulated apartment covered by Good Cause | No cap; presumption above the standard | Covered | Use, with the Good Cause additions |
| Owner-occupied building with 10 or fewer units, or small landlord | No cap | Exempt | Use the State routes |
| Certificate of occupancy 2009 or later | No cap unless tax-benefit stabilized | Exempt | Use the State routes |
| NYCHA public housing | Programme | Exempt | Do not use |
| Section 8 voucher tenancy | PHA-approved | Exempt (subsidised) | Use only after the agency's rules are confirmed |
| Mitchell-Lama, HDFC or other supervised housing | Agency-set | Exempt | Do not use |
| Loft (interim multiple dwelling) or SRO | Loft Board / hotel order | Exempt | Do not use without specialist review |
| Co-op or condo unit | No cap | Exempt | Use, with the board's rules |
| Short-term rental (under 30 days) | — | — | Do not use |
Designation facts come from the DHCR rent history, the lease rider, the programme agreement or the certificate of occupancy; the hub never infers them.