How Can I Challenge an Unlawful Rent Increase in NYC?

Your landlord can increase your rent, but most rental properties in NYC have some kind of protection against excessive increases. If you think that you have been subjected to an unlawful rent increase, you may have legal options. A New York City rent dispute lawyer from our firm can help you explore them.

How Do I Know If My New Rent is an Unlawful Rent Increase?

First, it’s important to figure out if your rent increase is actually an unlawful rent increase. Landlords have some latitude when deciding what to charge a new tenant or what to charge someone upon renewing their lease, but they cannot ignore local regulations. Many apartments are protected from unreasonable increases in one of two ways.

The first is rent stabilization. If your apartment is rent-stabilized, a landlord can only increase the rent by a certain amount when a new lease is signed. The limit is 2.75% for a one-year lease and 5.25% for a two-year lease. This applies whether you are a new tenant or a current tenant who wants to renew their lease.

If you are a current tenant, you can do some math to figure out if your landlord is asking for an unlawful rent increase. If you are a new tenant, you can only learn about the previous rent by asking the current tenant or putting in a request with NYS Homes and Community Renewal, or HCR. It’s important to note that HCR can only give you a rent history if you actually sign a lease and move in.

Recently passed legislation known as “Good Cause Eviction” offers rent increase protections to some rental properties that are not already protected by rent stabilization rules. If your apartment is subject to this law, the landlord can only raise rent by five percent plus the rate of inflation. So if the current rate of inflation is four percent, an unlawful rent increase would be anything over nine percent.

How Can I Fight Back Against an Unlawful Rent Increase?

Once you’ve done the math and looked into the rental history of the property, it’s time to make sure that your apartment is actually rent-stabilized or subject to Good Cause Eviction rules. If it is, you can make a complaint to the HCR. A successful complaint can potentially get your money refunded and a new, fair lease agreement drawn up.

Do I Need a Lawyer?

It’s a good idea to talk to a tenant’s rights lawyer if you think that you are facing an unlawful rent increase. They can help you ensure that you have a valid complaint and then they can help you stand up for your rights. Do not allow yourself to be taken advantage of.

Contact Our Law Firm

So if you don’t want to accept an unlawful rent increase, fight back. Contact Robert Rosenblatt & Associates to schedule a consultation and learn more about what you can do to get a fair lease agreement.