Is my New York City apartment rent stabilized and what rights do I have?

Approximately one million NYC apartments are rent-stabilized. To check if yours is: search your building's address on the NYC Rent Guidelines Board's website, or request a registration history from the NYS Division of Housing and Community Renewal (DHCR). Rent-stabilized tenants' rights include: the right to renew your lease (landlords must offer renewal 90–150 days before expiration); rent increases are limited to amounts set annually by the Rent Guidelines Board (for 2024–2025, the RGB approved 2.75% for 1-year leases); the landlord cannot evict you without cause; and your apartment generally stays stabilized permanently under HSTPA (2019), which eliminated the deregulation mechanisms that previously allowed landlords to push apartments out of the system. If you think your landlord illegally deregulated your apartment, or if you're paying more than the legal regulated rent, you can file a rent overcharge complaint with DHCR. There are statutes of limitations on overcharge complaints, and documentation of past rent history is important.

I'm buying a $1.5 million apartment in New York City. What transfer taxes will I pay?

On a $1.5M NYC residential purchase, your costs include: NYC Mansion Tax: 1% of $1.5M = $15,000 (buyer pays); New York State Transfer Tax (TP-584): $4 per $500 = $12,000 (typically seller pays in NYC, but contract governs). The seller pays: NYC Transfer Tax of 1.425% of $1.5M = $21,375 (since the sale is over $500K). Additional buyer closing costs include: attorney's fees (NYC real estate attorneys typically charge $2,000–$4,000 for a purchase), title insurance (owner's policy + lender's policy), mortgage recording tax (for NYC transactions, 1.8% of mortgage amount for mortgages under $500K, 1.925% above — on a $1M mortgage, that's $19,250), and prepaid property taxes and common charges. Total buyer closing costs on a $1.5M financed NYC purchase typically run $40,000–$60,000.

My New York landlord is trying to evict me. What are my rights?

Eviction rights in New York depend significantly on whether your apartment is rent-stabilized. Rent-stabilized tenants: your landlord must have cause — non-payment of rent, violation of a substantial lease term, owner move-in (with strict requirements), or a few other enumerated grounds. Non-stabilized tenants in NYC and Yonkers (after April 2024 under the Good Cause Eviction Law): landlords must still have 'good cause' for eviction and cannot raise rent by more than approximately 8.82% per year for covered units. Market-rate tenants outside covered areas: after your lease expires, your landlord can choose not to renew without stating a reason. For non-payment evictions (Housing Part / 'HP' proceedings): your landlord must give you 14 days' written notice to pay the arrears before filing. You have the right to appear in Housing Court, raise defenses (harassment, habitability issues, rent overcharges), and request a settlement conference. If you have a housing emergency, request a warrant of habitability counterclaim.

How long does a foreclosure take in New York?

New York judicial foreclosure is among the slowest in the country. From the first missed payment to a completed foreclosure sale, the process typically takes 2–5 years under normal circumstances, though cases have lasted longer. The lender must: file a foreclosure complaint in state Supreme Court; serve all parties; go through mandatory settlement conferences (under CPLR § 3408 for residential mortgages — the court requires lender and borrower to meet and negotiate before the case proceeds); obtain a foreclosure judgment; publish notice of sale; and conduct the public auction. Active defense — filing an answer, raising defenses, seeking discovery — significantly extends the timeline. This long window gives distressed homeowners substantial opportunity to negotiate modifications, pursue short sales, seek loss mitigation, or simply remain in the home during the process. New York also has foreclosure prevention resources through the Office of the Attorney General and nonprofit housing counseling agencies.

Is an attorney required for a real estate closing in New York?

Not technically required by statute, but attorney representation is universal practice in New York real estate transactions — both buyer and seller typically retain separate attorneys. Unlike California and many other states where title companies and escrow agents handle closings without attorneys, New York closings center on the attorney's role: negotiating contract terms, reviewing title, handling escrow deposits, coordinating with the lender, raising any title defects, and attending the closing. The contract of sale in New York is typically a formal document drafted or reviewed by attorneys, not a standard form completed by real estate agents. The attorney review period — typically 5 business days after a contract is signed — allows either attorney to request modifications to the contract terms. New York real estate attorneys typically charge $2,000–$4,000 for a purchase or sale. In co-op purchases (very common in NYC), the attorney also reviews the co-op board package and coordinates with the building's managing agent and attorney.

Real Estate Laws in New York (2026)

New York Real Estate Law: why county records, title issues, and deadline control matter early

Useful real estate law guidance for New York focused on county records, occupancy conflict, records that matter, and how to avoid avoidable early damage.

Reviewed January 2026 4 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

HSTPA (2019): eliminated rent deregulation pathways — stabilized apartments generally remain stabilized permanently
Good Cause Eviction (2024): NYC/Yonkers landlords need cause to evict and cannot raise rent by more than ~8.82%/year for covered units
Security deposits capped at 1 month's rent statewide under HSTPA
Judicial foreclosure: 2–5 year process with mandatory settlement conferences (CPLR § 3408) for residential mortgages
NYC mansion tax: 1% to 3.9% on purchases $1M+ (progressive scale); mortgage recording tax: 1.8–1.925% of loan amount

Key Numbers — New York All 50 states →

Filing Deadline 3 years

Fault Rule Pure Comparative

Insurance System No-Fault

Key Statute N.Y. CPLR § 214

Compare with another state → Official source ↗

New York Real Estate Law — Key Facts

HSTPA (2019): Housing Stability and Tenant Protection Act — dramatically strengthened rent stabilization and rent control protections
New York uses judicial foreclosure — among the slowest processes in the country (often 2–5 years)
Transfer tax: NYC imposes a mansion tax (1–3.9%) on purchases of $1M+ residential property
Attorney review is standard: real estate transactions in New York typically require attorneys for both buyer and seller

New York real estate law is shaped by two forces: the extreme scarcity of housing in New York City and the long history of tenant protection legislation that grew from it. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) significantly restructured rent stabilization, eliminating several mechanisms that landlords had used to deregulate apartments and converting the system from one with pathways out of regulation to one that is effectively permanent for covered units. Outside the rent regulation context, New York's judicial foreclosure process, transfer taxes, and attorney-dominated closing culture create a transaction environment quite different from western states.

Rent Stabilization and Rent Control After HSTPA

Approximately one million New York City apartments are rent-stabilized or rent-controlled. The Rent Stabilization Law of 1969 and the Rent Control Law of 1943 (as amended and now primarily governed by the HSTPA of 2019) dictate rent increases and tenant rights for these units. Before HSTPA: landlords could deregulate stabilized apartments when rent exceeded a threshold (high-rent deregulation) or when a stabilized tenant vacated (high-rent vacancy deregulation). HSTPA eliminated both of these deregulation pathways — apartments that are rent-stabilized today generally remain stabilized indefinitely. HSTPA also eliminated vacancy bonus rent increases, limited preferential rent arrangements, and capped Major Capital Improvement (MCI) rent increases. The Rent Guidelines Board sets annual allowable rent increases for stabilized apartments.

The HSTPA's Tenant Protections

Security deposits capped at 1 month's rent (previously unlimited for market-rate; now applies statewide)
Application fees limited: landlords cannot charge applicants for background and credit checks beyond $20
Lease renewal rights: rent-stabilized tenants have the right to renew their lease with limited exceptions
14-day notice for rent arrears: landlord must give tenant a 14-day notice to cure rent arrears before commencing eviction proceedings
Good cause eviction (added in 2024, effective April 2024 for New York City and Yonkers): landlords of covered buildings cannot evict tenants without "good cause" — non-payment, lease violations, or specified other reasons; and cannot raise rent by more than 8.82% (or CPI + 5%, whichever is lower) per year for most non-stabilized tenants

Judicial Foreclosure in New York

New York is a judicial foreclosure state, and New York has among the longest foreclosure timelines in the country. Lenders must file a court action, serve the borrower, potentially go through foreclosure settlement conferences (mandatory for residential mortgages under CPLR § 3408), and obtain a judgment before proceeding to sale. Average timelines in New York courts have historically been 2–5 years from default to sale — significantly longer than non-judicial states. New York's foreclosure timeline was further extended during the COVID-19 pandemic. Distressed New York borrowers have meaningful opportunity to negotiate loan modifications, short sales, or deed-in-lieu arrangements during the long process, and the mandatory settlement conference program (for residential mortgages) has resulted in significant modification rates.

New York Mansion Tax and Transfer Taxes

New York City imposes a buyer's mansion tax on residential purchases at or above $1 million. The rate is progressive (enacted in 2019): 1% for $1M–$1.999M; 1.25% for $2M–$2.999M; 1.5% for $3M–$4.999M; up to 3.9% for properties over $25M. New York State also imposes a transfer tax (TP-584): the buyer pays $4 per $500 of consideration. For residential properties in NYC, the seller pays an additional city transfer tax of 1% (under $500K) or 1.425% (over $500K) of the sale price. On a $2 million NYC residential purchase, the buyer pays $25,000 mansion tax (1.25%) plus state transfer tax, and the seller pays approximately $28,500 in city transfer tax — transfer taxes are a significant closing cost in New York real estate transactions.

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