Emergency Tenant Protection Act rules are probably why a letter from your landlord or a lease form mentions “rent stabilization,” even though you live outside New York City. The emergency tenant protection act of 1974 lets a town limit rent increases and protect your lease renewals once its rental vacancy rate drops below 5%.
What the Emergency Tenant Protection Act Actually Says
The emergency tenant protection act is a New York State law. It is Chapter 576 of the Laws of 1974. However, it does not cover every town on its own. A city, town, or village has to choose to adopt it.
To adopt it, a local government must first declare a housing emergency. Under the law, that means a rental vacancy rate below 5%. For example, if fewer than 5 of every 100 rental units in town are empty, the town may opt in. Once it does, covered apartments become rent stabilized.
Before 2019, only towns in Nassau, Westchester, and Rockland counties could opt in. Then the Housing Stability and Tenant Protection Act of 2019 changed that. Now any municipality in New York State can adopt the emergency tenant protection act during a housing emergency. You can read the state’s summary on the HCR rent stabilization and ETPA page.
| Provision | Exact rule | Section / source |
|---|---|---|
| Housing emergency trigger | Rental vacancy rate below 5% | ETPA, Ch. 576, L. 1974 |
| Building size | Generally 6 or more apartments | HCR Fact Sheet #8 |
| Building age | Built before January 1, 1974 | HCR Fact Sheet #8 |
| Who sets rent increases | Local Rent Guidelines Board | ETPA, Ch. 576, L. 1974 |
| Renewal notice | Certified mail, 90 to 120 days before the lease ends | Form RTP-8 ETPA |
| Your time to reply | 60 days to pick a term, sign, and return | HCR lease renewal rules |
| Overcharge look-back | 6 years (complaints filed on or after June 14, 2019) | HSTPA of 2019 |
| Willful overcharge | Treble (triple) damages possible | HCR overcharge rules |
Who the Emergency Tenant Protection Act Covers (and Who It Does Not)
Coverage depends on where you live and what kind of building you live in. The emergency tenant protection act covers non-rent-controlled apartments in buildings of 6 or more units built before January 1, 1974. The building must also be in a municipality that adopted the law.
According to New York Homes and Community Renewal (HCR), these places have adopted rent stabilization. Local lists change, so confirm your town with HCR.
| County | Municipalities that adopted | Notes |
|---|---|---|
| Nassau | 16 | Has its own county Rent Guidelines Board |
| Westchester | 21 | Largest group outside NYC |
| Rockland | 2 | Original ETPA county |
| Ulster | 1 (City of Kingston) | Opted in after the 2019 law change |
In most cases, the law does not cover buildings with 5 or fewer apartments. It typically does not cover buildings built on or after January 1, 1974, either. Rent-controlled apartments follow separate rules. If you are unsure, contact HCR and ask whether your apartment is registered.
What Your Landlord Must Do Under This Law
First, your landlord must offer you a renewal lease. They must sign and date the state form, called the RTP-8 ETPA. Then they must send it by certified mail 90 to 120 days before your current lease ends. You can see the form on the HCR RTP-8 ETPA renewal lease page.
Second, your landlord cannot raise the rent above the local guideline. Under the emergency tenant protection act, each county’s Rent Guidelines Board votes on the maximum increase. For example, the Nassau County board adopted guidelines on June 24, 2026. They cover 1-year and 2-year leases starting October 1, 2026 through September 30, 2027. Confirm the exact percentages on the HCR Rent Guidelines Board page, because they vary by county.
What You Can Do When the Emergency Tenant Protection Act Is Broken
If you think you are paying too much, you can file a rent overcharge complaint. Use form RA-89 with HCR’s Office of Rent Administration. Tenants in towns that recently adopted the emergency tenant protection act can use this form too. You can find it on the HCR rent overcharge application page.
HCR can order your landlord to lower your legal rent and refund the extra money. Since the 2019 law, HCR can look back 6 years of rent history in most cases. As a result, older overcharges may still count. If HCR finds the overcharge was willful, it may order treble damages. That means up to three times the overcharge. Learn more on the HCR rent increases and overcharge page.
You can call the Office of Rent Administration at 1 (833) 499-0343 with questions. However, if you already have eviction papers, do not wait. Contact a local legal-aid office or a tenant attorney right away. Court deadlines move fast, and a lawyer can check whether the emergency tenant protection act gives you a defense.
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Frequently Asked Questions
Does the emergency tenant protection act apply if I live in Buffalo, Albany, or another upstate city?
It may, but only if your city has adopted it. Since 2019, any New York municipality can opt in after declaring a housing emergency. Check with HCR or your city clerk to see whether your town has done so.
My landlord says my building is exempt. How do I check?
Start with three facts: your town, your building’s unit count, and the year it was built. The emergency tenant protection act typically covers 6 or more units built before January 1, 1974, in a participating town. HCR can tell you if your apartment is registered as rent stabilized.
Can my landlord refuse to renew my lease?
In most cases, a rent-stabilized tenant has a right to a renewal lease. There are limited exceptions, so read any non-renewal notice carefully. If you get one, call HCR and a local legal-aid office for advice on your situation.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.