About NYC Rent Guideline Board Orders

Although NY Rent Stabilization is administered by a state agency, the Division of Housing and Community Renewal (DHCR), it does not actually set the allowable percentages of rent increase for new (vacancy) leases and renewal leases. That is the job of the New York City Rent Guidelines Board (RGB) and it covers Rent Stabilization only.

Section 26-510 of the Rent Stabilization Law creates the rent guidelines board which consists of nine members, appointed by the mayor for two-year term. Two members are representative of tenants, two are representative of owners five are "public members" who have at least five years experience in either finance, economics or housing. One public member is designated as chairman.

The RGB is required to consider:

  1. the economic condition of the residential real estate industry in the affected area including such factors as the prevailing and projected (i) real estate taxes and sewer and water rates, (ii) gross operating maintenance costs (including insurance rates governmental fees, cost of fuel and labor costs), (iii) costs and availability of financing (including effective rates of interest), (iv) over-all supply of housing accommodations and over-all vacancy rates,
  2. relevant data from the current and projected cost of living indices for the affected area,
  3. such other data as may be made available to it.

On July first of each year, the board sets the levels of allowable rent increases for vacancy and renewal leases for Rent Stabilized tenants for all leases commencing on or after the following October first and through the next succeeding twelve months.

Since the RGB system was put in place in 1969 it has become a political circus. Every June hearings are held to determine the allowable rent increases. In most cases landlords have made out like bandits getting RGB increases which exceed the cost of living (COL) and the costs of operating buildings. For example, in 1995, even with an essentially zero percent increase in the costs of operating buildings, landlords still received a 2% increase for one-year renewals and a whopping 8.5% increase for vacancy leases.

 

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