What You Need To Know Now That Rent Regulation Laws Have Expired

Anna Gustafson -
Image via Public Advocate Letitia James.

The state’s laws regulating rent increases and eviction policies for the more than two million New Yorkers who live in rent-regulated housing — including thousands of our neighbors — expired Monday night after Albany lawmakers could not reach an agreement to extend them.

The move has been met with vehement condemnation from city officials, including Mayor Bill de Blasio — who called this situation a “nightmare scenario.”

The Assembly passed legislation in May to strengthen rent laws and yesterday (June 15) approved a motion yesterday to extend the rent regulation laws for 48 hours to allow for more negotiation. However, the Senate did not back the move. Instead, the Republican-led Senate voted yesterday to extend the rent laws for eight years, keeping both vacancy decontrol and the 421-a property tax abatement for developers — two things that neighbors and local legislators have strongly advocated against.

So, what should you should know if you live in rent-regulated housing?

  • Your lease is still in effect and remains in effect through the term of the lease.
  • There are still laws on the books protecting you from harassment, and the city is enforcing those laws.
  • If your landlord is harassing you, withholding services, or trying to exploit any lapse in the rent regulation laws to get you to leave your apartment, you should call 311 immediately to be connected to an emergency hotline that has been set up for anyone in a rent-regulated apartment. Between the hours of 9am-8pm Monday through Friday, you’ll be able to connect to legal assistance from Legal Services NYC and the Legal Aid Society.
  • If you receive court papers or are being threatened or harassed by your landlord because the rent laws have expired, you may also call the Public Advocate’s hotline at 212-669-7250, the city Comptroller’s Community Action Center at 212-669-3916, or Borough President Eric Adams’ Constituent Assistance Center at 718-802-3777.

Also, some background info:

  • Vacancy decontrol allows landlords to charge market rent on an apartment once the rent reaches $2,500 a month. Critics have slammed this law, saying it gives incentive to landlords to use illegal tactics, such as pretending to lose tenants’ rent checks or not making needed repairs, to push out the rent-regulated tenants and rent the unit to individuals who can pay the higher market-rate price.
  • The 421-a tax exemption program provides tax breaks for developers who offer affordable housing in newly constructed buildings. Housing advocates and politicians say the program is responsible for lining luxury developers’ pockets with taxpayers’ money and paving the way for rapid gentrification.
  • In general, weak rent regulation laws have led to the loss of 35,000 rent-regulated apartments since 2011, according to a recent New York Observer op-ed by Councilmember Jumaane Williams and Council Speaker Melissa Mark-Viverito.

Although the laws have lapsed, Governor Andrew Cuomo vowed there “will be no short term emergency.”

“The new [legislation] package will be retroactive, and any landlord who attempts to exploit this situation will face serious legal consequences,” Cuomo said in statement. “This Legislature will not leave Albany without passing new rent regulation laws for the more than two million tenants who depend on these protections.

“While the Legislature needs to act immediately, New York tenants should know that this state government will have zero tolerance for landlords that seek to exploit those who live in rent regulated units,” Cuomo continued.

To see a letter Cuomo sent to landlords outlining their responsibilities after the rent laws lapsed, you can go here.

Regardless of these promises, neighborhood groups such as the Flatbush Tenant Coalition issued harsh words for the governor:

Last night, Cuomo created a crisis so he can try to swoop in like a hero to “extend” the laws as is, with no strengthening. During this crisis, (formerly) rent stabilized tenants are still fully protected for the term of their lease! But for leases that expire after September 16, 2015 landlords will no longer have to offer lease renewals. That will mean certain homelessness for tens of thousands of NYC families unless Gov. Cuomo listens to the people and not the developers now!