FACT SHEET # 40

Preferential Rents

3 PAGES

SUMMARY AND HIGHLIGHTS AT A GLANCE A preferential rent is a rent an owner agrees to charge that is lower than This Fact Sheet explains the legal regulated rent they could lawfully collect. The Housing Stability the circumstances under & Tenant Protection Act (HSTPA) of 2019 established that tenants paying which rent-subsidized a preferential rent on or after June 14, 2019, will retain it as long as they continue to rent the property. tenants may pay less than regulated rents. Owner • Owners may charge the higher legal regulated Responsibilities rent only when the tenant permanently vacates the DEFINITIONS & Tenant Rights apartment. Emergency Tenant Protection Act • An owner cannot use or enforce any clause in a lease (ETPA): Outside New York City, rent to end a preferential or discounted rent if the tenant stabilization is also known as ETPA, fails to pay the preferential or discounted rent on short for the Emergency Tenant time. Protection Act, and is applicable • An owner cannot use or enforce any lease clause in some localities in Nassau, that requires a discounted rent to be paid by a certain Westchester and Rockland counties. method, such as electronic payment. Housing Stability and Tenant Protection Act (HSTPA) of 2019: The act, which went into effect on June 14, 2019, made changes to how rents can be raised and changed formulas for vacancy leases, Major Capital Improvements (MCI) and Individual Apartment Improvements (IAI).

A PUBLICATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION FS-40 (09/2019) FACT SHEET #40: PREFERENTIAL RENTS PAGE 2 OF 3

FACT SHEET #40: IN DETAIL

A preferential rent is a rent which an owner agrees the tenant, such as the tenant’s payment of the to charge that is lower than the legal regulated rent electronically. Such lease clauses may be rent that the owner could lawfully collect. challenged by the tenant in a rent overcharge or lease violation complaint with DHCR or can be Pursuant to the Housing Stability & Tenant reviewed by a court of competent jurisdiction. Protection Act (HSTPA) of 2019, tenants that were paying a preferential rent as of June 14, Example 1: 2019, retain the preferential rent for the life of the tenancy. Rent Guidelines Board increases and Mr. Jones signed a one year lease, effective other increases allowed by the Rent Stabilization October 1, 2018. The lease cited a legal regulated Law or Emergency Tenant Protection Act are to rent of $1,200 and a preferential rent of $1,000. be applied to the preferential rent. A tenant who believes that they are entitled to a renewal lease 1. On October 1, 2019, when Mr. Jones’ with a preferential rent but is being charged more one year lease renewal begins, the legal than that amount may file a rent overcharge or regulated rent increases by 1.5% to $1,218 lease violation complaint with DHCR or a court due to the annual rent guidelines board of competent jurisdiction. (See Examples below.) increase, and the preferential rent increases Please note that certain government regulatory by 1.5% to $1,015. Mr. Jones will pay the agreement/financed affordable housing programs $1,015 rent. may not be bound by this limitation; please contact the supervising government agency for more 2. Owners can no longer terminate the information. collection of the preferential rent at the time of lease renewal pursuant to the HSTPA of Owners may terminate the preferential rent and 2019 since the tenant’s lease in effect on or charge the higher legal regulated rent (with after June 14, 2019 has a preferential rent. applicable increases) only when the tenant permanently vacates the apartment. In addition, Example 2: the legal regulated rent upon which these increases are based must be written in the Ms. Sanchez has a lease with a preferential rent vacancy or renewal lease in which the preferential of $1,000, set to expire on 6/30/19. Ms. Sanchez rent was first charged and in all subsequent signed a one year renewal lease on 4/30/2019 and renewal leases in order for the owner to charge returned it the same day. The renewal lease was the prior legal rent upon a vacancy. Registration effective 7/1/19. The renewal lease cited a legal with DHCR of the legal regulated rent by itself will regulated rent of $1,218 but ended the preferential not establish the legal rent for future usage. rent which was $1,000.

An owner cannot use or enforce a clause in a rent- 1. On July 1, 2019, when Ms. Sanchez’s one year stabilized lease that provides that the owner may renewal lease begins, the legal regulated end a preferential or a discounted rent where the rent will increase by 1.5% From $1,200 to tenant fails to pay the preferential or discounted $1,218 due to the annual rent guidelines rent on time or by a certain day of the month. board increase. However, the preferential rent will also increase by 1.5% to $1,015. Ms. An owner cannot use or enforce any other Sanchez will pay the $1,015 preferential lease clause that conditions the payment of a rent. discounted rent on the performance of an act by

A PUBLICATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION FS-40 (09/2019) FACT SHEET #40: PREFERENTIAL RENTS PAGE 3 OF 3

2. Although the renewal lease was signed before the effective date of the HSTPA, it did not become effective until July 1, 2019. As the prior lease in effect on June 14, 2019 had a preferential rent, pursuant to the HSTPA of 2019, the tenant’s renewal lease must be based on that preferential rent.

SOURCES Housing Stability & Tenant Protection Act (HSTPA) of 2019

Rent Connect: To visit a Borough Rent Office, by appointment only, please contact: rent.hcr.ny.gov QUEENS UPPER MANHATTAN BRONX 92-31 Union Hall Street 163 W. 125th Street 1 Fordham Plaza Ask a question: portal.hcr.ny.gov/app/ 6th Floor 5th Floor 4th Floor ask Jamaica, NY 11433 New York, NY 10027 Bronx, NY 10458 718-482-4041 212-961-8930 718-430-0880 For translation help: hcr.ny.gov/language- BROOKLYN LOWER MANHATTAN WESTCHESTER accessibility 55 Hanson Place 25 Beaver Street 75 South Broadway 6th Floor New York, NY 10004 3rd Floor Our website: Brooklyn, NY 11217 212-480-6238 White Plains, NY 10601 hcr.ny.gov/rent 718-722-4778 914-948-4434

A PUBLICATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION FS-40 (09/2019)