Rent Stabilization in Erie County, NY

Last updated: 2026-01-28

A comprehensive guide to rent control protections in parts of Erie County, New York, including Buffalo.

Want to skip straight to checking your own building? Use the RentCheckMe address checker.

Overview: Rent Control in Erie County

Erie County, New York (including Buffalo), has rent control in parts of the county. Rent control applies to residential buildings constructed before February 1, 1947 in municipalities that have not declared an end to the postwar rental housing emergency.

Rent control is the older, more restrictive form of rent regulation in New York State. Coverage is limited and not county-wide – it only applies in specific municipalities within Erie County, including parts of Buffalo.

Which Buildings Are Covered by Rent Control?

Rent control in Erie County applies to:

• Residential buildings constructed before February 1, 1947
• Buildings in municipalities that have not declared an end to the postwar rental housing emergency
• Tenants or their lawful successors who have been living there continuously since before July 1, 1971 (or in some cases since April 1, 1953)

Coverage is very limited. To determine if your building is rent controlled, contact NYS Homes and Community Renewal (HCR) at (718) 739-6400.

Rent Increase Limits

Rent controlled apartments have a Maximum Base Rent (MBR) that is adjusted every two years to reflect changes in operating costs. However, tenants' rents cannot exceed a Maximum Collectible Rent (MCR), which is adjusted annually.

The MCR is based on an average of the past five years of Rent Guideline Board orders for one-year leases or 7.5% (whichever is lower).

Tenants may challenge increases if:

• The Maximum Collectible Rent exceeds the legal regulated rent
• The building has housing code violations
• The owner's expenses do not warrant an increase
• The owner is not maintaining essential services

Tenant Rights Under Rent Control

Rent controlled tenants in Erie County have:

• Limits on rent increases based on the Maximum Base Rent and Maximum Collectible Rent system
• Protection against eviction except on grounds allowed by law
• Right to required services – Landlords must maintain heat, hot water, and repairs
• Right to challenge rent increases if the building has violations or the increase is not warranted

How to Check If Your Building Is Rent Controlled

To determine whether a building in Erie County is subject to rent control:

1. Building age: Was it built before February 1, 1947?
2. Municipality: Is it in a municipality that has not ended the postwar rental housing emergency?
3. Tenancy: Has the tenant or their lawful successor been living there continuously since before July 1, 1971?
4. Contact HCR: For an authoritative answer, contact HCR directly at (718) 739-6400 or visit hcr.ny.gov

Resources for Erie County Tenants

• NYS Homes and Community Renewal (HCR) – State agency that administers rent control
• HCR Office of Rent Administration – Handles rent regulation complaints and questions
• Erie County Government – County government resources
• Buffalo City Government – City of Buffalo resources

Important: This article is a high-level overview and does not constitute legal advice. Laws and regulations change, and individual circumstances vary. For specific questions, contact HCR or a qualified attorney.

Frequently Asked Questions