nyc vacancy lease rules decide what you sign when you move into a rent stabilized apartment for the first time. If a letter or lease cites Rent Stabilization Code 2522.5, it means the landlord must give you a written nyc vacancy lease of 1 or 2 years, whichever you choose, with an official rider attached.
What NYC Vacancy Lease Actually Says
A nyc vacancy lease is the lease you sign when you rent a stabilized apartment that was empty. According to HCR Fact Sheet #5, the lease must state its terms and length. It must also list your rights and the owner’s duties.
The key protection is the rider. Section 2522.5(c)(1) of the Rent Stabilization Code requires it. The Rent Stabilization Lease Rider (RA-LR1) tells you the legal regulated rent in effect just before the vacancy. It also explains any amount above the last registered rent. As a result, your nyc vacancy lease should never be a mystery number.
The Housing Stability and Tenant Protection Act of 2019 changed the math. As of June 14, 2019, there is no separate vacancy rate. In most cases, a new tenant’s rent can only go up by the normal guideline increase plus any approved improvement costs.
| Provision | Exact rule | Source |
|---|---|---|
| Lease term | Tenant chooses 1 year or 2 years | RSC 2522.5; HCR Fact Sheet #5 |
| Lease Rider | Must be attached to the vacancy lease and every renewal | RSC 2522.5(c)(1) |
| Prior rent shown | Rider must show the legal regulated rent in effect right before the vacancy | RSC 2522.5(c)(1) |
| Vacancy increase | None; the separate vacancy rate ended June 14, 2019 | HSTPA 2019 |
| Improvement (IAI) cap, standard | Up to $30,000 of work over 15 years | HCR Fact Sheet #26 |
| IAI cap, qualifying vacant units | Up to $50,000, only with DHCR certification (effective Oct. 17, 2024) | HCR Operational Bulletin 2024-2 |
| IAI rent increase | 1/168th of cost (35 or fewer units); 1/180th of cost (more than 35 units) | HCR Fact Sheet #26 |
| Overcharge look-back | Generally 6 years before you file | HCR Form RA-89 |
Who NYC Vacancy Lease Covers (and Who It Does Not)
A nyc vacancy lease applies to rent stabilized apartments in New York City. It covers anyone renting a stabilized unit for the first time. For example, a person moving into a pre-1974 building with six or more units is often covered. However, you should confirm your apartment’s status with the state first.
These rules do not cover market-rate apartments. They also do not cover rent controlled units, which follow separate rules. Outside NYC, some towns use the Emergency Tenant Protection Act (ETPA). Those tenants get a similar rider, the RA-LR1 ETPA form. So the nyc vacancy lease protections are part of a wider state system.
Not sure if you are stabilized? You can ask HCR for your apartment’s rent registration history. Typically, this shows whether the unit is registered and what rents were reported. That history is the best way to check your nyc vacancy lease rent.
What Your Landlord Must Do Under This Law
First, your landlord must let you pick a 1-year or 2-year term. The landlord cannot force one on you. Second, the landlord must attach a completed rider to the nyc vacancy lease. The rider must show the old legal rent and explain any increase.
If the landlord adds rent for apartment improvements, the rules are strict. HCR says the owner must complete an itemized list of the work and its costs. Without that list, the owner cannot collect the IAI increase. For example, a vague line saying “renovated kitchen” is not enough. Every dollar added to a nyc vacancy lease must be explained.
The normal guideline increase is set by the NYC Rent Guidelines Board each year. The rate depends on your lease start date and your 1- or 2-year choice. Confirm the current order’s exact percentage with HCR or the Rent Guidelines Board before you sign.
What You Can Do When NYC Vacancy Lease Rules Are Broken
If your nyc vacancy lease has no rider, or the rent looks inflated, you have options. Start by asking the landlord in writing for the rider and the IAI list. Keep a copy. Then request your rent history from HCR.
If the numbers do not add up, you can file a rent overcharge complaint (Form RA-89). You can also file online through HCR’s RentConnect portal. If DHCR finds a willful overcharge, the owner may owe treble damages, which means three times the overcharge. The owner must prove the overcharge was not willful. As a result, many tenants with a faulty nyc vacancy lease may be able to recover money.
Questions? Call the HCR rent info line at 718-739-6400. However, if you are facing an eviction, contact a local legal-aid office or tenant attorney right away. Check with your court too. Results are never guaranteed, but early help makes a big difference.
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Frequently Asked Questions
Can my landlord make me sign a 2-year nyc vacancy lease?
No. Under Rent Stabilization Code 2522.5, you choose between a 1-year and a 2-year term. If a landlord insists on one term, you can report it to HCR.
My nyc vacancy lease came without a rider. What now?
Ask the landlord in writing for the completed RA-LR1 rider. The rider must be attached to your vacancy lease and every renewal. If you still do not get it, contact HCR at 718-739-6400.
Can the landlord raise the rent just because the last tenant left?
Not anymore. Since June 14, 2019, there is no separate vacancy increase. Your first rent may only include the guideline increase and properly documented improvement costs. In most cases, anything more is worth questioning.
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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.