Is "Luxury Decontrol" Dead?

The Answer? Yes!

Yes, for 95% of NYC apartments. The Housing Stability and Tenant Protection Act (HSTPA) of 2019 repealed "High-Rent Vacancy Deregulation" for standard rent-stabilized units. However, a specific exception remains for "Market Rate Units" in 421-a(16) buildings (post-2016 construction).

The "Zombie Law" (What Outdated Sites Say)

• The Myth: "If your rent goes over $2,774 (or $2,800), your apartment automatically becomes unregulated."

• Why It’s Wrong: This refers to RSL § 26-504.2, which was the old law. It allowed landlords to deregulate units once the rent crossed a specific threshold upon vacancy.

Current Law (The "Freshness" Patch)

• The Statute: HSTPA Part D repealed RSL § 26-504.2 effective June 14, 2019.

• The Reality: For most stabilized buildings (pre-1974), there is no rent cap. A unit renting for $5,000 or $10,000 retains its stabilized status and lease renewal rights.

⚠️ Critical Exception: The 421-a(16) Loophole

Tenants must distinguish between "Old Stock" and "New Construction."

• The Rule: Under Rent Stabilization Code § 2520.11(r)(2), "Market Rate Units" in buildings receiving 421-a(16) tax benefits (generally built after 2016) can still be deregulated if the rent exceeds the threshold upon vacancy.

• 2025 Deregulation Threshold: $3,123.69.

• Actionable Advice: If you are in a newer building and your rent is above $3,123, check your lease rider. If it explicitly designates the unit as a "421-a(16) Market Rate Unit," you may not have renewal protections.

  
  If you're having issues over your rent-controlled apartment Contact an Experienced Tenant Defense Attorney
  

Jay Browne, Esq.

• Role: Tenant Defense & Eviction Prevention Specialist

• Address: 592 Pacific Street, 1st Floor Brooklyn, NY 11217

• Phone: (347) 669-3256

• Email: contact@attorneyjaybrowne.com

• Action: Call immediately to schedule a free consultation