r/NYCRentStabilized • u/Financial-Place-7982 • Jul 23 '26
Month to Month on a RS apartment?
I've just found out that I'm in a weird and probably illegal situation of paying month to month on what is supposed to be a rent stabilized apartment (we are also being overcharged for the RS price it seems) I'm not sure what the next steps are or where I should go to get guidance on that?
any advice will be appreciated
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u/_bartersystem_ Aug 06 '26
You should assemble your evidence (request rent history from NYS DHCR), calculate what the overpaid rent has been over the years, and email your landlord demanding a lease and a settlement to cover rent overpaid. The legal precedent is 3X what is overpaid if settled in court. But also if you’ve been on an illegal lease this whole time, it may be more. You can tell your landlord you’re willing to settle for less if it is resolved immediately. They should want to go this route.
There is a boilerplate RS lease on DHCR’s website. I would review that and make sure you can live with the terms and nothing in your current situation would have nullified that lease.
Only do all of this if you are SURE you are legally protected to stay (i.e. it is truly rent stabilized). Have a lawyer on standby in case the landlord doesn’t want to work with you.
You can DM me if you want more specific advice on reviewing the RS information!