Rent Control vs. Rent Stabilization: Key Differences
Both cap rent increases. In New York they are separate programs; elsewhere what counts is whether a state or local law covers your unit. Here is how to check.
Rent control and rent stabilization are both laws that limit how much a landlord can raise the rent on a covered unit. In New York, the two names mean separate programs: rent control covers about 24,020 New York City apartments occupied by tenants who have lived there since before July 1, 1971 or by qualifying family successors, while rent stabilization covers about 960,600 city apartments, generally in buildings of six or more units built before 1974. Elsewhere, either name can describe a yearly cap on increases, so the question to answer is whether a state or local law covers your unit. As of October 2026, California, Oregon, and Washington cap increases statewide.
What each term means in New York
New York's two programs differ in who qualifies, how the rent rises, and what happens when a tenant leaves. Both allow eviction only on grounds the law permits.
| Rent control | Rent stabilization | |
|---|---|---|
| Who is covered | Apartments in buildings built before February 1947 where the tenant has lived continuously since before July 1, 1971, or a qualifying family member has taken over the tenancy. Family members generally must have shared the apartment as their primary residence with the tenant for two years immediately before the tenant's death or permanent departure (one year for seniors or people with disabilities) | In New York City, apartments in buildings of six or more units built before January 1, 1974, former rent-controlled apartments, and some newer buildings that received 421-a or J-51 tax benefits |
| Where it applies | New York City and parts of Albany, Erie, Nassau, Rensselaer, Schenectady, and Westchester counties | New York City, communities in Nassau, Rockland, and Westchester counties, and other localities that adopt it after declaring a housing emergency |
| How the rent rises | In New York City, by the lower of 7.5% a year or the average of the last five one-year increases set by the Rent Guidelines Board | A rent guidelines board votes once a year on the increase allowed for one-year and two-year leases starting on or after October 1 |
| When the tenant moves out | The apartment usually becomes rent stabilized | The apartment usually stays stabilized for the next tenant, and the landlord gets no extra vacancy increase |
For leases starting October 1, 2026 through September 30, 2027, the New York City Rent Guidelines Board set the allowed increase at 0% for both one-year and two-year leases. Stabilized tenants have the right to a one-year or two-year renewal lease on the same terms as the prior lease. A 2019 state law ended most ways a stabilized apartment could leave the program, such as deregulation once the rent passed a high-rent threshold at vacancy, but apartments deregulated before June 14, 2019 stay deregulated.
What the terms mean outside New York
Oregon's Office of Economic Analysis, which calculates that state's cap each year, publishes it under the name rent stabilization. The features that change your rights are:
- Which units are covered. All three statewide caps exempt newer buildings, and California and Washington exempt some houses and owner-occupied buildings.
- How the limit is set. The state caps use a formula tied to inflation, while New York's stabilized rents follow a board's yearly vote.
- Whether the limit carries over to the next tenant. California's cap lets a landlord set any starting rent for a new tenancy, and Washington's lets the landlord change the rent by any amount after a tenant moves out.
Which states cap rent statewide
A certificate of occupancy, used in the exemptions below, is the permit a local building department issues when a new building is ready to be lived in.
| California | Oregon | Washington | |
|---|---|---|---|
| Cap | 5% plus regional inflation, never more than 10% in 12 months | 7% plus inflation, never more than 10% | 7% plus inflation, never more than 10% |
| Current limit | Depends on your metro area's inflation, recalculated for increases starting each August 1 | 9.5% for 2026; 10% for 2027 | 9.683% for 2026; 10% for 2027 |
| Newer buildings exempt | Certificate of occupancy issued within the past 15 years | First certificate of occupancy issued less than 15 years before the increase notice | First certificate of occupancy issued 12 or fewer years before the increase notice |
| Other main exemptions | Houses and condos whose owner is not a real estate investment trust (REIT), a corporation, or an LLC with a corporate member, if the owner gave you written notice; a duplex where the owner lived in the other unit when your tenancy began and still does; income-restricted housing | Government-regulated affordable housing, if the change does not raise your share of the rent or is required by the program or a change in your income | An owner-occupied house where the owner rents out no more than two units or bedrooms; a duplex, triplex, or fourplex where the owner lived in one unit when your tenancy began and still does; a unit where you share a kitchen or bathroom with the owner; public, nonprofit, and tax-credit housing |
In Washington, the owner-occupied exemptions do not apply when the owner is a REIT, a corporation, or an LLC with a corporate member. Oregon and Washington also bar increases during the first year of a tenancy, but Washington's exemptions listed above also apply to that first-year protection. California's cap is set to expire January 1, 2030, and Washington's July 1, 2040.
If no other increase took effect in the past 12 months, Washington's 2026 limit on $2,000 rent is $193.66 (9.683% of $2,000), for a new rent of $2,193.66. Oregon's 2026 limit on the same rent is $190, for $2,190.
Which states bar local rent control
State law decides whether a city or county can pass its own rent control. The National Apartment Association, a landlord trade group, groups the states this way as of October 2026:
| What state law does | States |
|---|---|
| Caps rent statewide; a stricter city or county law applies instead of the state cap | California |
| Caps rent statewide and bars local rent control | Oregon, Washington |
| Allows local rent control, and some cities or counties have it | Maine, Maryland, Minnesota, New Jersey, New York, plus Washington, D.C. |
| Bars or limits local rent control (33 states) | Alabama, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin |
| Neither caps rent nor bars local rent control, and no local rent control is in place | Alaska, Delaware, Hawaii, Nevada, Pennsylvania, Rhode Island, Vermont, West Virginia, Wyoming |
If your state is in one of the last two rows, no rent cap applies to most private rentals. Your protections include the notice your landlord must give and the terms of your lease, which our guide to handling a rent increase covers along with how to negotiate. Connecticut's municipal fair rent commissions can also investigate complaints and limit excessive increases.
How to check whether your unit is covered
- Find your state in the tables above. If it has a statewide cap, check the exemptions. If it allows local rent control or you live in Connecticut, go to step 2.
- Ask your city or county. In the states with local rent control, the city or county housing office or rent board can tell you whether your address is covered. In Connecticut, ask your town or city whether it has a fair rent commission. New Jersey readers can start with our New Jersey rent protections guide.
- Get the building's first certificate of occupancy date. Ask the landlord or the local building department. The date decides the newer-building exemptions in all three capped states.
- In California, check the ownership and your notices. An owner of a house or condo can claim the exemption from the state cap only by giving you written notice that the home is exempt, and only if the owner is not a REIT, a corporation, or an LLC with a corporate member. The Costa-Hawkins Rental Housing Act exempts most houses and condos and units with a certificate of occupancy issued after February 1, 1995 from local rent caps. California's statewide cap can still apply unless a separate state exemption listed above applies. Our California rent protections guide covers local rules.
- In New York, request your rent history. Call the state's Office of Rent Administration at 1-833-499-0343 or use portal.hcr.ny.gov/app/ask. Landlords must register each stabilized apartment with the state's Division of Housing and Community Renewal (DHCR), so the history shows whether your unit is registered and the rents on file. Your lease should also show the legal rent. If your apartment is not regulated, ask whether New York's Good Cause Eviction Law covers it; it adds protections for some tenants in unregulated housing.
- In Oregon and Washington, read the increase notice. A landlord who raises rent above the cap because of an exemption must state the facts supporting the exemption in the written notice. Our Washington rent protections guide explains notice periods there.
For due dates, late fees, and receipts on any rental, see rent payment rules for tenants.
Sources
- Residential Tenants' Rights Guide (rent control, rent stabilization, succession, and rent history) (New York State Office of the Attorney General)
- Rent Control FAQs (2023 Housing and Vacancy Survey unit counts) (New York City Rent Guidelines Board)
- 2026-27 Apartment/Loft Order #58 (New York City Rent Guidelines Board)
- Cal. Civil Code section 1947.12 (statewide rent cap and exemptions) (California Legislature (via california.public.law))
- Cal. Civil Code section 1954.52 (Costa-Hawkins Rental Housing Act limits on local rent control) (California Legislature (via california.public.law))
- Limits on Rent Increases (California Department of Justice, Office of the Attorney General)
- ORS chapter 90, sections 90.323 and 90.324 (maximum rent increase and exemptions) (Oregon State Legislature)
- Rent Stabilization (maximum annual rent increase for 2026 and 2027) (Oregon Office of Economic Analysis)
- Chapter 59.18 RCW, Residential Landlord-Tenant Act (RCW 59.18.700 and 59.18.710) (Washington State Legislature)
- HB 1217 Landlord Resource Center (rent increase limits for 2026 and 2027) (Washington State Department of Commerce)
- Rent Control Policy: Rent Control Laws by State (map) (National Apartment Association)
- Housing support resources (fair rent commissions) (Connecticut Department of Housing)
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.
Rules in your state
State law sets many of the limits and deadlines described above. These pages cite the statute for each state.
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