In New York City, a rent-stabilized apartment generally comes with regulated renewal increases and the tenant’s choice of a one- or two-year renewal. In a market-rate apartment, rent and lease terms are negotiated with the landlord. The label is important, but a listing or landlord’s description alone does not establish a home’s legal status: check the lease and request the apartment’s rent history from New York State’s Division of Housing and Community Renewal (DHCR).
How the two rental types differ
“Market-rate” is commonly used to mean an unregulated private rental. It does not mean every tenant protection disappears: some market-rate apartments may be covered by Good Cause Eviction, and laws protecting tenants more broadly still apply. Rent stabilization is a specific legal status with rules that apply in New York City and other places where the relevant laws cover a home; NYC rules should not be assumed to apply elsewhere.
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| Issue | Rent-stabilized apartment | Market-rate apartment |
|---|---|---|
| Rent increases | Ordinary renewal increases are governed by Rent Guidelines Board rules. Other lawful adjustments may also apply. | The Rent Guidelines Board does not set the rent. Rent and lease terms are negotiated between owner and tenant, subject to applicable laws and notice requirements. |
| Renewal | Generally, the tenant can choose a one- or two-year renewal. | No automatic rent-stabilization renewal right. Good Cause Eviction or other protections may apply to some tenants. |
| How to check status | Review lease details and request the unit’s rent history from DHCR. | DHCR does not regulate market-rate rents. Assess any other legal protections separately. |
| Other protections | Qualifying tenants may have succession rights; qualifying older adults or people with disabilities may be eligible for a rent freeze. | Some homes may be covered by Good Cause Eviction, subject to statutory exceptions. |
NYC 311 summarizes the market-rate distinction this way: “Market rate apartment rental rates and lease terms are negotiated between the owner and tenant.” NYC 311: Rent Increases
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Rent-stabilized leases
For a renewal, the Rent Guidelines Board sets the ordinary allowable increase. The applicable percentage depends on the lease start or renewal period, so check the official guideline for the dates on your lease rather than relying on an older figure. For leases beginning or renewing from October 1, 2026 through September 30, 2027, NYC guidance lists a 0% guideline increase for both one- and two-year terms. That date-specific guideline does not establish that every possible change to a tenant’s total rent is unlawful: special lawful adjustments may apply, so compare the lease and relevant orders.
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See the NYC Mayor’s Office to Protect Tenants guidance on rent increases for the current period and details.
Market-rate leases
The Rent Guidelines Board does not cap market-rate rent. The proposed rent and lease terms are negotiated between the owner and tenant, within applicable legal limits. A tenant should check the required notice and any other protections that apply to the particular apartment before treating a proposed change as permitted or prohibited.
Do you have a right to renew?
Rent-stabilized tenants generally have the right to choose a one- or two-year renewal, with increases governed by the applicable Rent Guidelines Board rules. A market-rate tenant does not have that rent-stabilization renewal right. However, some unregulated rentals may fall under New York City’s Good Cause Eviction law, which can limit when a landlord may evict or refuse renewal. Coverage has exceptions; do not assume either that every market-rate apartment is covered or that none is.
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How do I know if my apartment is rent stabilized?
- Review your lease. Look for rent-stabilization language and renewal details, but do not treat a landlord’s label or an online listing as conclusive.
- Request the apartment’s rent history. Contact New York State DHCR and ask for the unit’s records. NYC directs tenants to DHCR for help determining whether rent is regulated.
- Ask DHCR to explain unclear records. Rent histories can require interpretation; do not decide status from a building’s age, rent amount, or listing alone.
- Raise a possible overcharge. If the records or rent suggest an overcharge, contact DHCR and make an overcharge complaint where appropriate.
Start with the city’s tenant guidance and DHCR contact information. Keep copies of your lease, renewal offers, rent statements, and communications if you are disputing a rent change.
What additional protections may apply?
Rent-stabilized tenants
Some qualifying family members or nontraditional family members may have succession rights to remain in a stabilized home after a tenant leaves or dies. Older adults and people with disabilities who meet program rules may qualify for a rent freeze. Eligibility depends on the person and circumstances; consult NYC guidance for rent-stabilized tenants rather than assuming the benefit applies automatically.
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Market-rate tenants
Good Cause Eviction may cover some unregulated apartments, but statutory exceptions and eligibility conditions matter. Even when a specific added protection does not apply, unregulated status by itself does not erase tenant rights under other applicable laws, including required notice and housing-court process.
How common is rent stabilization in NYC?
NYC’s Rent Guidelines Board counted approximately 960,600 rent-stabilized apartments in the 2023 NYC Housing and Vacancy Survey. The Mayor’s Office to Protect Tenants describes almost half of NYC rental apartments as rent stabilized; that is an approximate share, not the same statistic as the survey’s unit count.
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