Vacancy and Renewal Increases - Current Post-HSTPA Controls
Use Only a Current Lawful Increase
HCR identifies lawful rent-increase mechanisms that include applicable Rent Guidelines Board adjustments, supported Individual Apartment Improvements, and HCR-approved Major Capital Improvements. The former automatic vacancy-increase framework is not a current pricing tool. Do not add a historical 20% vacancy allowance or banked guideline increase merely because an apartment became vacant.
For a renewal, use the current HCR form, current local guideline, lawful collectible rent, and any order-specific MCI amount. A tenant collecting a preferential rent generally keeps it for the life of the tenancy, with lawful increases applied to that preferential rent.
For an IAI, use HCR's rules effective October 17, 2024. HCR's current framework includes a $30,000 Tier 1 and a conditional $50,000 Tier 2, with different amortization fractions and documentation requirements. Do not use the obsolete $15,000 cap.
Operating Procedure
- Verify stabilization status and the applicable local Rent Guidelines Board order.
- Reconcile the legal regulated and preferential rents.
- Include an IAI only when the current filing, eligibility, cost, consent, photograph, and amortization rules are satisfied.
- Include an MCI only from an HCR order and subject to current collectibility limits.
- Preserve the completed current rider and renewal form.
Verified Sources
Fetched and read August 7, 2026:
- New York HCR - Leases
- New York HCR - Apartment (IAI) and Building (MCI) Improvements
- New York HCR - Operational Bulletin 2024-2 Revised
- New York HCR Fact Sheet #40 - Preferential Rents
Work With Botway
Botway can gather the apartment record and current source documents. A human must approve every regulated-rent calculation.
This is general information, not legal, tax or accounting advice. Every situation is different. Talk to a licensed attorney, accountant or tax professional before you act.
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