Rent Stabilization in Nassau County, NY

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Overview of Rent Stabilization in Nassau County

Nassau County sits on the western end of Long Island, directly east of New York City's borough of Queens. Home to approximately 1.4 million residents, Nassau is one of the most densely populated suburban counties in the United States. Its communities — ranging from the incorporated villages and towns of Hempstead and North Hempstead to the small city of Long Beach on the South Shore — blend classic postwar suburban housing stock with older urban-style apartment corridors. While homeownership rates are high compared to NYC, a significant portion of Nassau residents rent, particularly in denser communities along the major transit corridors and near the Long Island Rail Road stations.

Nassau County participates in New York State's rent stabilization system through the Emergency Tenant Protection Act of 1974 (ETPA). Under ETPA, counties and municipalities outside New York City can declare a housing emergency and opt in to rent stabilization protections. Nassau County has made that declaration, and many of its municipalities have opted in, giving qualifying tenants protections against excessive rent increases, the right to lease renewal, and just-cause eviction protections. Nassau County has its own Rent Guidelines Board (RGB), which meets annually to set the allowable rent increase percentages — these are entirely separate from and independent of the New York City RGB rates.

In addition to ETPA rent stabilization, a small and shrinking category of tenants in Nassau County may be covered by old-law rent control, which applies to buildings constructed before February 1, 1947, where the same tenant has been in continuous occupancy since before that date. Rent control in this context uses the Maximum Base Rent (MBR) system administered by the New York State Division of Housing and Community Renewal (DHCR). Because rent control only persists as long as the original long-term tenancy continues, very few units remain rent controlled today. The dominant system in Nassau County is ETPA rent stabilization.

Who Is Covered?

Rent stabilization under ETPA in Nassau County applies to a defined category of rental housing. Not every apartment in the county qualifies. Here is what determines whether a unit is covered:

• Building size: The building must contain 6 or more rental units. Smaller buildings — duplexes, three-families, and the like — are generally not covered.
• Construction date: The building must have been built on or after February 1, 1947, and generally before January 1, 1974. Buildings constructed in 1974 or later are typically exempt unless they received certain government financing or tax benefits that require stabilization.
• Municipal opt-in: The municipality where the building is located must have opted into ETPA by declaring a housing emergency. Key opted-in communities in Nassau County include the Town of Hempstead, the City of Long Beach, and other municipalities that have made the required declaration. Not every municipality in Nassau County has opted in — if your town or village has not declared a housing emergency, your unit is likely not stabilized regardless of building size or age.
• Rent control (pre-1947): Tenants who have lived continuously in a pre-February 1947 building since before that date in an opted-in area may be subject to old-law rent control, administered under the Maximum Base Rent (MBR) system. This category is extremely rare today.
• Exemptions — units NOT covered:
  • Buildings with fewer than 6 units
  • Buildings constructed after January 1, 1974 (unless receiving qualifying government benefits)
  • Units in municipalities that have not opted into ETPA
  • Owner-occupied buildings of fewer than 6 units
  • Units where the legal regulated rent has been deregulated due to high-rent vacancy or high-income deregulation (prior to 2019 HSTPA changes)
  • Cooperative and condominium units purchased by the occupant
  • Units in hotels or transient occupancies
  • Newly constructed luxury units exempt under tax abatement programs with specific conditions

If you are unsure whether your municipality has opted in, you can contact the Nassau County DHCR office or check the NYS HCR website for the current list of participating municipalities.

Rent Increase Limits

For rent-stabilized apartments in Nassau County, the amount your landlord can increase your rent at lease renewal is set each year by the Nassau County Rent Guidelines Board (RGB). The RGB holds public hearings and reviews economic data on operating costs, vacancy rates, and the local rental market before voting on allowable increase percentages.

For leases commencing during the 2025–26 guideline period, the Nassau County RGB has set the following limits:

• 1-year lease renewal: Maximum increase of 2%
• 2-year lease renewal: Maximum increase of 3%

These figures apply to the legal regulated rent — not any preferential rent that may have been charged in prior years. Landlords may only collect the guideline increase on top of the lawful base rent for the expiring lease term.

For rent-controlled units (pre-1947, MBR system), increases are calculated differently. DHCR periodically recalculates the Maximum Base Rent (MBR) for each unit every two years, and the Maximum Collectible Rent (MCR) can be adjusted annually based on that calculation. Landlords with rent-controlled units must meet certain maintenance requirements to collect any increase, and tenants can challenge increases if services have been reduced.

Landlords may also apply for individual apartment increases (IAIs) for certain capital improvements, or building-wide Major Capital Improvements (MCIs), which can allow above-guideline increases with DHCR approval. Tenants have the right to contest these applications.

It is important to check the Nassau County RGB's most current order each year, as guidelines are updated annually. Always verify the applicable guideline year matches when your lease renewal commences.

Your Rights as a Rent Stabilized Tenant

If your apartment is rent stabilized under ETPA in Nassau County, you have a robust set of rights administered through the New York State Division of Housing and Community Renewal (DHCR):

• Right to lease renewal: Your landlord must offer you a renewal lease when your current lease expires. You are entitled to renew on the same terms and conditions as your expiring lease, with only the permissible RGB guideline increase applied to the legal regulated rent.
• Just-cause eviction protections: Your landlord cannot remove you without a legally recognized reason. Acceptable grounds include non-payment of rent, violation of a substantial lease obligation, the landlord's documented need to recover the unit for personal use (primary residence), or withdrawal of the building from the rental market under specific legal procedures. Disagreeing with your tenancy or simply wanting to charge a higher rent is not sufficient cause.
• Overcharge protections: If your landlord charges more than the legal regulated rent, you may file an overcharge complaint with DHCR. If an overcharge is found, you may be entitled to a refund, and willful overcharges can result in treble damages (triple the overcharge amount).
• Protection from harassment: Landlords are prohibited from harassing tenants to force them out of a stabilized apartment. Harassment tactics — including threatening behavior, reducing essential services, repeated frivolous legal actions, or creating uninhabitable conditions — can be the basis for a DHCR complaint or court action.
• Succession rights: Certain family members or household members who have lived with the tenant of record for at least two years (one year for seniors or disabled individuals) may have the right to succeed to the tenancy if the primary tenant vacates or passes away.
• Riders and disclosure: When you sign a rent-stabilized lease, your landlord must attach a rent stabilization rider explaining your rights and stating the legal regulated rent for the apartment.
• Filing complaints: Complaints regarding overcharges, failure to renew leases, service reductions, and harassment can be filed with the DHCR Gertz Plaza office in Garden City (Nassau County's local DHCR office) or online at hcr.ny.gov.

How to Check If Your Apartment Is Rent Stabilized

Determining whether your Nassau County apartment is rent stabilized takes a few steps, but there are reliable tools available to help:

1. Use RentCheckMe: Start at rentcheckme.com to quickly look up your address and get an initial indication of whether your unit may be covered under New York's rent stabilization laws.
2. Check the NYS HCR Rent Regulated Building Search: Visit the New York State Homes and Community Renewal (HCR) online lookup tool at apps.hcr.ny.gov/BuildingSearch/. You can search by address to see if your building appears in the state's database of rent-regulated properties.
3. Review your lease for a rent stabilization rider: Landlords of rent-stabilized apartments are legally required to attach a Rent Stabilization Lease Rider to your lease. This rider will state your legal regulated rent and identify the apartment as stabilized. If you never received one, that itself may be a red flag worth investigating.
4. Request your apartment's rental history: You can request a rental history for your specific apartment from DHCR. This record shows what rent was registered for your unit over time and whether it was regulated. Submit a request through HCR's website or contact the local DHCR office directly.
5. Contact the Nassau County DHCR office: The DHCR office serving Nassau County is located at the Gertz Plaza building in Garden City. You can reach DHCR by phone at 1-833-499-0343 or via the HCR website at hcr.ny.gov. Staff can confirm whether your building and unit are registered as rent stabilized.
6. Consult a local legal aid organization: If you have difficulty determining your status or believe your landlord may be misrepresenting your rent regulation status, contact Nassau/Suffolk Law Services or another local tenant advocacy organization for free or low-cost assistance.

Resources for Nassau County Tenants

• NYS Homes and Community Renewal (HCR) — The primary state agency overseeing rent stabilization and rent control in Nassau County. File complaints, request rental histories, and access the rent-regulated building search tool.
• HCR Rent Regulated Building Search — Search by address to find out if your building is registered as rent-regulated with the state of New York.
• Nassau County Rent Guidelines Board — The local board that sets annual rent increase allowances for ETPA-stabilized apartments in Nassau County. Find current and historical guideline orders here.
• DHCR Gertz Plaza Office (Garden City) — Nassau County's local DHCR office handles tenant complaints, lease issues, and overcharge filings. Call 1-833-499-0343 for assistance.
• Nassau/Suffolk Law Services — Free civil legal assistance for income-eligible Nassau County residents, including help with tenant rights, eviction defense, and rent stabilization questions.
• RentCheckMe — Nassau County Lookup — Quickly check whether your Nassau County address may be subject to rent stabilization protections using RentCheckMe's free lookup tool.

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 NY HCR or a qualified attorney.

Frequently Asked Questions