Our firm often fields inquiries from clients regarding successor rights in New York residential rental apartments. The first issue which needs to be determined is whether the premises in question are subject to rent regulation. Rent regulation in New York State applies to many, but not all, residential units. It is more prevalent in New York City than in its surrounding suburbs. However, it does also cover many rental units in Westchester and Nassau Counties.
Whether an apartment is subject to rent regulation depends on many factors. Defining these factors is beyond the scope of this blog post. It may depend on the number of units in the building, the age and history of the building, and whether the owner accepted certain government benefits or loans. A rent regulated unit will generally be subject to the rent stabilization laws of New York State or the local municipality in which the unit is located. Generally, only cities with large populations will have apartment units subject to rent regulation.
There are local government offices, known as the Division of Housing and Community Renewal (DHCR) which maintain databases allowing for a tenant to determine if their unit is rent regulated.