N.Y.C. Admin. Code tit. 26, ch. 3 § 26-414
Decontrol on basis of vacancy rate (City Rent and Rehabilitation Law)
Operative Text
Whenever the city rent agency shall find, after making such studies and investigations as it deems necessary for such purpose, or for processing an application supported by adequate proof filed by an interested party pursuant to regulation that the percentage of vacancies in all or any particular class of housing accommodations in the city, as such class is determined by the city rent agency, is five per centum or more, the controls imposed on rents and evictions by and pursuant to this chapter, with respect to the housing accommodations as to which such finding has been made, shall be forthwith scheduled for orderly decontrol, with due regard to preventing uncertainty, hardship and dislocation, by order of such agency; provided, however, that notwithstanding any provision of this section to the contrary, such agency shall not order the decontrol of any particular class of housing accommodations as to which it shall find that the percentage of vacancies is less than five per centum; provided, further, that no such order shall be made unless such agency shall hold a public hearing on such proposal at which interested persons are given a reasonable opportunity to be heard. Notice of such hearing shall be provided by publication thereof, on at least five days during the period of fifteen days next preceding the date of the commencement of such hearing, in the City Record and in at least two daily newspapers having general circulation in the city.
Section 26-414 of the N.Y.C. Administrative Code establishes a vacancy-rate threshold that can trigger the removal of rent and eviction controls for a class of housing accommodations. If the city rent agency determines—through its own studies or via an application from an interested party—that vacancies in a given class of housing reach five percent or more, it may schedule an orderly decontrol of those units. Before any such order takes effect, the agency must hold a public hearing with advance notice published in the City Record and at least two daily newspapers, giving interested persons a meaningful chance to be heard. No class of housing where vacancies fall below five percent may be decontrolled under this provision.
Plain English — not legal advice.
Property owners and managers operating under rent and eviction controls should be aware that § 26-414 creates a formal, agency-driven process—not an automatic one—for decontrol based on citywide or class-specific vacancy data. A compliant operator generally monitors agency announcements and public hearing notices published in the City Record and major daily newspapers, since any decontrol order affecting their class of housing accommodations must be preceded by that public notice period. Landlords who believe vacancy data supports decontrol of a particular housing class may file an application supported by adequate proof with the city rent agency pursuant to the regulations governing § 26-414.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 26-414, tenants in rent-controlled housing have a protected right to participate in any public hearing before the city rent agency can order decontrol of their class of housing accommodations. Notice of such hearings must be published in the City Record and at least two daily newspapers for at least five days within the fifteen days before the hearing begins, giving tenants an opportunity to track and respond to proposed decontrol actions. Tenants who wish to understand how a potential decontrol finding might affect their housing situation may consult a tenant-rights organization or review filings and hearing records at the city rent agency.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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