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The Prospect Heights Neighborhood Development Council

A victory for tenants in Prospect Heights
Posted: June 19, 2019 - 10:41am

Recently, the New York State legislature passed amendments to the rent regulation laws, which will alter or eliminate many common elements of the landlord/rent regulated tenant relationship. These new laws include:

  • Limits on decontrol. Currently, rent regulated apartments whose rent increases beyond a certain point or whose tenants make more than $200,000 a year may become market rate apartments. The new laws abolish or limit this practice.
  • Rent step-ups.  Currently, landlords may raise rents more than the annual amount due to vacancy or major capital improvements, or due to the difference between the maximum legal rent and a lower 'preferential' rent. The new laws abolish or limit these step-ups.
  • Conversion. Currently, landlords may convert a rental building to a co-op or condominium (without evicting existing tenants) if 15% of the units have bona fide purchasers.  The new laws require 51%, and the purchasers must be existing tenants, not investors. 
  • Permanence.  Currently, the rent regulation laws must be periodically reauthorized. These new laws are intended to be permanent. 

The new laws represent, in our opinion, a shift in the balance of power from the landlord of the rent regulated building to the rent regulated tenant: the laws remove many tools and incentives for landlords to vacate and decontrol regulated apartments and turn them into market rate units. Prospect Heights has seen significant displacement of residents by income over the last fifteen years. In PHNDC’s 2016 neighborhood survey, residents identified social and economic diversity as being one of the characteristics most important for a good quality of life. Residents also most frequently cited housing as the area in need of greatest improvement in Prospect Heights. We believe these new laws will make it easier for Prospect Heights tenants in rent stabilized housing to remain in the neighborhood as housing cost continues to increase, so consider their passage a win for our community.

More information about the rights of tenants, and services available to assist them, is available at http://www.phndc.org/KnowYourRights.