How to File a Rent Stabilization Petition with DHCR

The NY State Division of Housing and Community Renewal (DHCR) is the administrative agency overseeing rent stabilization across NY State. Tenants and landlords interact with DHCR through a series of forms and petitions addressing specific issues — overcharge, decrease in services, MCI/IAI applications, fair-market rent appeals, and rent registration. This how-to walks the most common tenant petitions and the procedural fundamentals.

Petition types

The DHCR petition system has many forms. Most common tenant filings:

• Form RA-89 — Tenant Complaint of Rent Overcharge. Discussed in detail in our overcharge guide.
• Form RA-81 — Application for Reduction in Rent (Decrease in Services). Filed when the landlord stops providing required services.
• Form RA-90 — Request for Rent History. Free; provides registered rent history for the tenant’s apartment.
• Form RA-79 — Tenant Application for Lease Renewal Form (when landlord refuses to issue renewal).
• Form RAR-2 — Owner Application for Major Capital Improvement (MCI) Increase. Owner filing; tenant can object.
• Form RAR-1 — Owner Application for Individual Apartment Improvement (IAI) Increase. Owner filing; tenant can object.

Form RA-89: Rent Overcharge

The most common tenant petition. Used when the tenant believes the rent charged exceeds the legal regulated rent. See our overcharge deep-dive for the full process.

Filed online via the DHCR portal or by mail to the appropriate Rent Administrator office (Manhattan, Queens, Bronx, etc.). Free.

Form RA-81: Decrease in Services

Under 9 NYCRR § 2523.4, a tenant can apply for a rent reduction when the landlord has decreased required services below the level established by the rent stabilization registration. Required services include:

• Heat and hot water (per HMC § 27-2029).
• Maintenance of the building’s elevator, intercom, doormen.
• Cleanliness of common areas.
• Functioning appliances supplied by the landlord (refrigerator, stove).
• Pest control as part of building services.
• Window guards (children under 10).

If a service is lost or substantially reduced, the tenant can petition DHCR to reduce the legal regulated rent until the service is restored.

Step 1 — Document the decrease

• Photographs.
• Letters and emails to landlord.
• HPD inspection reports if applicable.
• Witness statements from other tenants.
• Maintenance call logs.

Step 2 — Notice to landlord

Most petitions require evidence that the tenant first notified the landlord and gave reasonable time to cure. RA-81 includes a section to record landlord notification.

Step 3 — File RA-81

• Online via DHCR portal or paper to the Rent Administrator.
• Specify which service has decreased.
• Attach documentation.
• Free filing.

Step 4 — DHCR investigation

DHCR notifies the landlord, who has 60 days to respond. DHCR may inspect the premises. Determination typically issued within 6-12 months.

Step 5 — Determination and remedy

If DHCR finds a service decrease:

• The legal regulated rent is reduced by a percentage corresponding to the lost service.
• The reduction is retroactive to the petition filing date (or earlier in some cases).
• The reduction continues until the service is restored and DHCR issues a restoration order.
• Until then, the landlord cannot increase rent at lease renewal (rent is frozen).

This is a powerful remedy. A long-running service decrease can keep a tenant’s rent at a reduced level for years, especially if the landlord cannot or will not restore.

Form RA-90: Rent History

Free request for the apartment’s registered rent history. Used to:

• Verify the legal regulated rent before signing a lease.
• Build the basis for an overcharge complaint.
• Confirm rent stabilization status.
• Track preferential rent agreements.

The history shows registered rents going back at least 6 years (longer if requested with explanation). Includes vacancy increases, IAI/MCI increases, and lease commencement dates.

Filed online. Response typically within 30 days.

Form RA-79: Lease Renewal

Under RSC § 2523.5, rent-stabilized tenants are entitled to a renewal lease upon the expiration of the current lease, on the same terms (with permitted RGB increases). If the landlord:

• Fails to offer renewal at least 150-90 days before expiration, or
• Offers renewal on illegal terms, or
• Refuses to renew without lawful ground —

The tenant files Form RA-79. DHCR can order the landlord to issue the renewal.

Lawful grounds for refusing renewal are narrow:

• Landlord intends to demolish the building.
• Owner’s primary residence (with notice and procedures).
• Tenant’s primary residence is elsewhere (must prove).
• Default in tenant obligations.

Lacking such ground, the renewal is mandatory.

Forms RAR-1 and RAR-2: IAI and MCI Increases

Owner-filed petitions. Landlords seeking to pass through individual apartment improvements (IAI) or major capital improvements (MCI) must file with DHCR.

Tenants are notified and can:

• Inspect the application and supporting documentation.
• File objections within 30-60 days.
• Argue the work was not actually done, exceeds permitted cost, or was for repair (not improvement, which is excluded).

Post-HSTPA, IAI and MCI increases are tightly capped (IAI capped at $89-89/month formula; MCI amortised over 12-12.5 years). Many pre-HSTPA increases are now subject to overcharge review.

Petition for Administrative Review (PAR)

Either party can appeal a DHCR Determination by filing a Petition for Administrative Review within 35 days of the order. PAR is reviewed by a different DHCR adjudicator.

PAR is the prerequisite for Article 78 review in NY Supreme Court. Without PAR, a court will dismiss the case for failure to exhaust administrative remedies.

Dialogue: a Tenant strategises

🐣 Chick: “Building elevator broken for 6 months. Landlord won’t fix.”

🐮 Cow: “Decrease in services. File RA-81.”

🦉 Owl: “Document with photos, dates, witness statements. HPD complaint also helps.”

🐣 Chick: “What’s the remedy?”

🐮 Cow: “Rent reduction. DHCR sets the percentage based on service lost. Could be 5-25% for elevator-out in a high-rise.”

🦉 Owl: “Rent stays reduced until landlord restores service and DHCR issues restoration order.”

🐣 Chick: “Should I also file RA-89 overcharge?”

🐮 Cow: “Separate issue. RA-81 is for service decrease. RA-89 is for excessive rent. You can file both if applicable.”

Common mistakes

Filing without documentation. DHCR adjudicators rely on records. Photo, email, HPD complaint, witness statements — all critical.

Missing the 35-day PAR window. PAR is strictly enforced. Late PAR is rejected.

Confusing forms. RA-81 (services), RA-89 (overcharge), RA-79 (renewal), RA-90 (rent history). Each has distinct purpose and filing requirements.

Ignoring landlord notice. Most petitions assume the tenant first notified the landlord and gave time to cure. Without notice, the landlord can argue the petition is premature.

Filing under wrong building registration. Buildings are registered with DHCR by ownership and address. Verify the current registered owner via DHCR Building Search.

Not joining other tenants. Building-wide issues (heat, elevator, infestation) are more powerful with multiple tenants filing. Coordinate.

Skipping HPD complaint. HPD violations create independent evidence of conditions. 311 calls are free and documented.

Closing notes

DHCR petitions are administrative — no lawyer required, no court appearance unless escalated. The forms are user-friendly and free. The keys are: correct form, complete documentation, written landlord notice, and patient pursuit through PAR if needed. Tenants who systematically use DHCR procedures hold significant leverage; landlords who ignore DHCR notices face cumulative penalties.

A Gyoseishoshi (行政書士) prepares bilingual DHCR petition packs and complaint templates. A NY-licensed attorney should advise on contested DHCR proceedings, PAR strategies, or Article 78 review.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not US attorneys. For contested DHCR proceedings or court review, consult a NY-licensed attorney or contact tenant advocacy services.

Sources

• 9 NYCRR Part 2520-2531 (Rent Stabilization Code) — https://hcr.ny.gov/rent-stabilization-code
• DHCR, Tenant Filings — https://hcr.ny.gov/forms
• DHCR, About PAR — https://hcr.ny.gov/petitions-administrative-review-par
• HSTPA 2019 — https://www.nysenate.gov/legislation/bills/2019/S6458