For rent stabilized apartments, owners may be RENT CONTROL
ordered to refund excess rent collected based
upon a finding of a rent overcharge. A finding by Rent control limits the rent an owner may charge
DHCR of a willful rent overcharge by the owner for an apartment and restricts the right of any
may result in the assessment of treble (triple) owner to evict tenants. Tenants are also entitled
damages payable to the tenant. With the passing to receive essential services. Owners are not
of the HSTPA, the collectibility of overcharges required to offer renewal leases, as tenants are
has been increased from four to six years and the considered “statutory” tenants. Tenants may file
general period of rent history review (subject to relevant complaints on a variety of forms created
exceptions) has been increased from four years by DHCR. DHCR is required to serve the complaint
to six years. Pre-HSTPA filed complaints will be on the owner, gather evidence and then can issue
reviewed in accordance with the laws in effect a written order which is subject to appeal.
at the time of the filing, which limited the rental
review to four years. If a tenant’s rights are violated, DHCR can
reduce rents and levy civil penalties against the
owner. Rents may be reduced if services are not
maintained. In cases of overcharge, DHCR may
A PUBLICATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION FS-01 (01/2024)
FACT SHEET #1: RENT STABILIZATION AND RENT CONTROL PAGE 3 OF 3
establish the lawful collectible rent. improvements to an apartment;