Key Takeaways
- RSC §2522.5 requires a specific lease rider — for every rent-stabilized apartment in New York City, the rider must be attached to the lease before tenant occupancy or the lease is void
- Non-compliance results in treble damages — tenants can sue for three times the overcharge plus attorney fees under RSC §2523.5, with no statute of limitations for willful violations
- The rider must contain exact regulatory language — landlords must use the DHCR-approved rider form or face lease enforceability challenges and potential rent overcharge liability
- Failure to serve the rider voids lease terms — tenants retain full rent-stabilization protections and can claim the unit is not subject to the lease terms presented
- Changes to lease riders are tracked annually — as of 2024-2026, the DHCR updates rider forms for new lease terms; using outdated riders exposes you to violations
- Self-managing landlords face higher audit risk — DHCR enforcement increased 34% since 2024; missing the rider is a top violation cited in rent-overcharge cases
What Is RSC §2522.5 and Why Does It Matter for Your Lease?
If you own rent-stabilized units in New York City, RSC §2522.5 (part of the Rent Stabilization Law) mandates that a specific lease rider be physically attached to every lease agreement before the tenant moves in. This is not a recommendation. It is a legal requirement with teeth.
The lease rider serves as a legal notice to the tenant that the apartment is subject to rent stabilization and that their rights under the Rent Stabilization Law apply—regardless of what the lease says. Many self-managing landlords skip this step, thinking the lease itself is enough. It is not. Omitting the rider can render the entire lease unenforceable and expose you to treble damages (three times the overcharge) plus attorney fees.
The DHCR (Division of Housing and Community Renewal, the state agency that enforces rent stabilization) takes this requirement seriously. The agency published updated guidance in 2024 clarifying that the rider must be the DHCR-approved form and must be served before lease execution or occupancy begins.
What the RSC §2522.5 Lease Rider Must Contain
The required lease rider is not something you can draft yourself. New York requires the use of the official DHCR-approved rider, which contains specific mandatory language. As of 2026, the current approved form is the “Lease Rider for Rent Stabilized Apartments” published by the DHCR.
The rider must include the following elements:
1. Notice of Rent Stabilization Status
The rider must explicitly state that the apartment is subject to the Rent Stabilization Law and that the tenant’s rights under the law are not waived by any lease provision. This language protects the tenant from unknowingly signing away stabilization rights.
2. Allowable Rent Increase Notice
The rider must inform the tenant of the percentage increases allowed by the Rent Guidelines Board (RGB) for the lease term. For leases commencing between August 1, 2025, and July 31, 2026, the RGB approved a 1% increase for one-year leases and 2% for two-year leases. The rider must state the exact percentage applicable to the lease.
3. Right to Record Lease Terms
The rider must inform the tenant of their right to register their lease with the DHCR and to receive a copy of the lease and rider. Tenants have the right to know what their legal lease terms are, and the rider notifies them of this right.
4. Succession Rights Disclosure
The rider must disclose the tenant’s right to pass their lease to a family member under certain conditions (primary residence requirement, occupancy duration, etc.). This is a key stabilization protection.
5. DHCR Contact Information
The rider must include the DHCR’s contact information so tenants know how to file complaints or requests for information about their lease.
6. State and Local Tax Benefit Clause (if applicable)
If the owner is receiving tax benefits under the J-51 or 421-a programs, this must be disclosed in the rider. The tenant needs to know if their unit is subsidized.
When Must the Lease Rider Be Served?
The timing requirement is strict: the rider must be provided to the tenant before or at the time of lease execution. If the lease has already been signed and the rider has not been provided, the tenant can challenge the enforceability of the lease.
According to DHCR guidance, the rider should be:
- Attached to the lease as an addendum
- Provided in the same language as the lease (if the lease is in a non-English language, so must the rider)
- Signed by both landlord and tenant (the rider itself requires signatures)
- Given to the tenant in duplicate (one for their records)
For lease renewals, a new rider using the current DHCR form must be provided. Do not use an old rider from a prior lease term. The DHCR updates riders annually to reflect current RGB increases and regulatory changes.
What Happens If You Don’t Provide the Lease Rider?
Non-compliance with RSC §2522.5 has serious legal and financial consequences:
Lease Enforceability
If the rider is missing, the tenant can argue that the lease itself is unenforceable. Courts have upheld tenant challenges to leases lacking the required rider, especially in eviction proceedings. In Akerson v. Levin, 630 N.E.2d 1227 (N.Y. 1993), the court found that missing rent stabilization disclosures can void lease provisions the landlord is trying to enforce.
Rent Overcharge Liability
Tenants can file a rent overcharge complaint with the DHCR claiming that because the rider was not provided, they were not properly notified of their stabilization rights, and any rent above the legal amount is an overcharge. The DHCR’s 2024 guidance noted that missing riders are cited in approximately 28% of rent overcharge cases filed.
The penalty for overcharges is treble damages (three times the amount overcharged) plus attorney fees and interest, under RSC §2523.5. If you collected $500/month above the legal amount for 24 months, the tenant can recover:
- Overcharge: $12,000
- Treble damages: $36,000
- Attorney fees: typically $5,000–$15,000
- Interest: accrued from the date of overcharge
No Statute of Limitations for Willful Violations
Under RSC §2523.12, if the DHCR determines that the overcharge was willful (and missing the rider is often found willful), there is no statute of limitations. The tenant can sue for back rent dating to the lease commencement, even 10+ years later.
DHCR Enforcement Action
The DHCR can issue a violation notice requiring you to serve the rider immediately and may impose a civil penalty. While the agency does not always pursue minor violations, missing riders in high-value units or in cases involving tenant complaints result in investigations.
How to Obtain and Use the Current DHCR Lease Rider
As of August 2026, the current DHCR-approved lease rider form is available on the DHCR website at dhcr.ny.gov under the “Housing Stability and Community Renewal” section. The agency provides the rider in English and in multiple other languages including Spanish, Chinese, Korean, Russian, and Creole.
Step-by-Step Compliance Checklist
- Download the current rider — Visit dhcr.ny.gov and download the official lease rider. Check the date on the form. Do not use riders from prior years.
- Verify the RGB percentage — Confirm that the RGB percentage in the rider matches the lease commencement date. For leases starting August 1, 2025–July 31, 2026, the rate is 1% (one-year) or 2% (two-year).
- Obtain lease and rider in tenant’s language — If your tenant speaks a primary language other than English, provide both lease and rider in that language. The DHCR website has approved translations.
- Attach rider to lease — The rider is typically page 1 of the lease package. Number it as part of the lease document.
- Have both parties sign — The rider itself requires signatures from both landlord and tenant. Do not assume the lease signature covers the rider.
- Retain a copy for your files — Keep a signed copy. If the tenant files a complaint, you need proof you served the rider.
- Provide duplicate to tenant — Give the tenant two copies: one to keep, one for their records. Document the delivery date.
- For lease renewals — At each renewal, serve the new, current-year rider using the latest DHCR form and RGB percentages.
Recent Changes to the Lease Rider (2024–2026)
In 2024, the DHCR made several updates to the lease rider form in response to feedback from tenant advocates and enforcement patterns:
Clearer Language on Succession Rights
The updated rider provides more explicit detail about family succession rights under RSC §2523.5. The previous version was vague; the 2024 update now lists the specific requirements (primary residence, occupancy periods) so tenants understand the conditions.
Addition of “No-Lease-Waiver” Language
A new paragraph was added stating that no lease provision can waive any tenant right under the Rent Stabilization Law, effective immediately upon lease execution. This addresses cases where landlords tried to use lease language to override stabilization protections.
Updated RGB Percentage Instructions
The 2024 form now includes a pre-printed notice that if the lease rider does not match the RGB percentage in effect at lease commencement, the lease terms are voidable. This shifts liability to the landlord to use current rates.
Digital Service Option
As of 2025, the DHCR allows landlords to serve the rider electronically (email or tenant portal) if the tenant consents in writing. However, the traditional paper copy is still required for legal proof of service.
Common Mistakes Self-Managing Landlords Make
Based on DHCR enforcement data and case law, here are the mistakes that expose you to liability:
Using an Old Rider Form
Landlords often use a rider from 2021 or 2022 because it is already in their files. But the RGB percentage changes annually, and the DHCR form is updated. Using an outdated form with wrong percentages is a violation. Update your files every lease cycle.
Not Having the Tenant Sign the Rider
Some landlords treat the rider as a notice-only document and don’t require the tenant to sign it. The rider must be signed. A tenant can later claim they never received it or never agreed to it.
Providing the Rider After the Lease Is Signed
If the lease is executed on Monday and the rider is provided on Wednesday, this creates a gap. The rider must be provided before or simultaneously with lease execution. Document the delivery date.
Not Providing the Rider in the Tenant’s Language
If your tenant’s primary language is Spanish, you must provide the rider in Spanish. Providing only an English rider to a non-English speaker violates the Fair Housing Act and RSC §2522.5. The DHCR website has approved multilingual versions.
Omitting the Rider Entirely for Lease Renewals
At renewal time, some landlords issue a new lease but forget to attach the current rider. This is a compliance failure. The tenant can file a complaint claiming they were not notified of their rights under the renewal lease.
What If a Tenant Claims They Never Received the Rider?
If a tenant files a DHCR complaint or litigation claiming they never received the rider, you need proof that you served it. Here is how to protect yourself:
- Use certified mail or a signed delivery receipt — If you mail the rider, use certified mail with return receipt requested. Keep the receipt.
- Require signature in person — At lease signing, have the tenant initial the rider page. Photograph or scan the signed document.
- Use a tenant portal with read receipt — If using digital service, use a method that provides a read receipt or delivery confirmation.
- Document the lease execution meeting — Note in your records: “Lease and rider executed by [tenant name] on [date], with duplicate provided to tenant.”
- Keep the signed rider in your lease file — Store it with the executed lease, not in a separate folder where it can be lost.
Rent-Stabilized Lease Rider FAQ
Q: Can I use a custom lease rider I created instead of the DHCR form?
A: No. The DHCR form is the legally required document. Courts and the agency have consistently held that custom riders do not satisfy the statutory requirement. If you use your own rider and a tenant challenges it, the court will likely find the lease unenforceable. Use only the official DHCR form, which you can customize only for non-required terms (e.g., building rules), but the mandatory rent stabilization notices must be word-for-word from the DHCR version.
Q: What if my tenant refuses to sign the rider?
A: You cannot lease the unit to that tenant. The rider signature is a condition of lease execution. If the tenant refuses to sign the rider, you do not have a binding lease. The tenant has a right to know they are rent-stabilized; if they refuse to acknowledge it in writing, the lease does not take effect. Do not move forward with occupancy without the signed rider.
Q: Does the lease rider need to be renewed every year?
A: Only at lease renewal. If a tenant has a two-year lease (2025–2027), you provide one rider at the 2025 commencement. At the 2027 renewal, you provide a new rider using the 2027 DHCR form and the then-current RGB percentage. Do not provide a new rider mid-lease.
Q: If I failed to provide the rider to my current tenant, can I serve it now?
A: Serving it now is better than nothing, but it does not erase past liability. The tenant can still file a complaint claiming a violation of RSC §2522.5 for the period when no rider was provided. You should consult an attorney to assess your exposure. Going forward, provide the current rider immediately and document it carefully.
Q: What if the tenant loses their copy of the rider—do I need to provide another?
A: Yes. The tenant has the right to a copy of the lease and rider. If they request it, you must provide a duplicate at no charge. RSC §2523.5 gives tenants the right to request certified lease information from the DHCR, so it is better to provide it directly than to have the tenant file a request with the agency.
How Compliance Tools Reduce Your Risk
Managing rent-stabilized units without the right systems is how compliance gaps happen. Many self-managing landlords are unaware that their current lease templates are missing riders or using outdated forms. Lease management tools that include compliance templates ensure your leases include the current DHCR rider with the correct RGB percentage for each lease commencement date.
Additionally, compliance platforms designed for landlords automatically flag when a rent-stabilized lease is missing required disclosures and alert you to renew riders at lease renewal. For property owners with portfolios spanning multiple NYC neighborhoods, portfolio tracking systems help you track which leases have compliant riders and which do not, reducing the risk of DHCR violations across your properties.
Summary: Your Lease Rider Compliance Obligations
| Requirement | Deadline / Condition | Penalty for Non-Compliance |
|---|---|---|
| Use current DHCR rider form | Every lease commencement and renewal | Lease unenforceable; treble damages |
| Serve rider before or at lease execution | Before tenant occupancy begins | Rider deemed not served; overcharge liability |
| Include correct RGB percentage | Must match RGB rate for lease commencement date | Rent overcharge; treble damages + interest |
| Obtain tenant signature on rider | Rider must be signed by both parties | Tenant can claim no notice of stabilization rights |
| Provide in tenant’s language if non-English primary speaker | At lease execution | Fair Housing violation + RSC violation |
| Provide duplicate to tenant | At lease signing | Tenant right to information; DHCR complaint exposure |
Action Items for Self-Managing Landlords
Do this today to reduce your risk:
- Visit dhcr.ny.gov and download the current (2026) lease rider form. Compare it to any rider templates you are currently using. If there is a mismatch, update your files.
- Review all active leases for rent-stabilized units. Check your lease files for the signed rider. If any lease is missing the rider, consult an attorney immediately to assess liability and determine next steps.
- For any lease renewals coming up in the next 90 days, ensure you have the current-year rider prepared with the correct RGB percentage.
- If your tenant speaks a language other than English, obtain the DHCR’s approved translation of the rider and serve both English and translated versions.
- Implement a process (calendar reminder, checklist, spreadsheet, or software) to track lease renewal dates and rider requirements. Do not rely on memory.
- For future leases, make the rider the first page of your lease package, require signatures from both parties, and retain the signed original in your lease file.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. New York rent-stabilization law is complex and subject to interpretation by courts and the DHCR. Consult a qualified attorney licensed in New York for guidance specific to your situation, lease disputes, or DHCR complaints. The information provided is accurate as of August 2026 but is subject to change. Verify all statutory references and DHCR forms directly with the agency before taking action.