General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- An increase of 5 percent or more needs 30 days of written notice if the tenant has lived there under a year, 60 days for one to two years, and 90 days for more than two years.
- A landlord may not evict, refuse to renew or impose an unreasonable increase because a tenant complained in good faith, enforced their rights or joined a tenant group, and action within one year of such activity is presumed retaliatory.
- Rent stabilized tenants receive renewal lease offers with increases limited to the rates generally set by the local rent guidelines board.
- There is no statewide cap, but in places covered by the Good Cause Eviction Law an increase above the local rent standard, generally inflation plus 5 percent and never more than 10 percent, is presumed unreasonable.
In New York an increase of 5 percent or more needs advance written notice that grows with how long the tenant has lived in the unit. Rent stabilized units follow separate renewal rules set by rent guidelines boards.
New York rent increase notice at a glance
| Rule | New York | Law |
|---|---|---|
| Notice before a rent increase | An increase of 5 percent or more needs 30 days of written notice if the tenant has lived there under a year, 60 days for one to two years, and 90 days for more than two years. | Real Property Law section 226-c |
| Notice before a rent increase | Rent stabilized tenants receive renewal lease offers with increases limited to the rates generally set by the local rent guidelines board. | Rent Stabilization Law and Code |
| Statewide cap on increases | There is no statewide cap, but in places covered by the Good Cause Eviction Law an increase above the local rent standard, generally inflation plus 5 percent and never more than 10 percent, is presumed unreasonable. | Good Cause Eviction Law (Real Property Law Article 6-A) |
| Retaliation protection | A landlord may not evict, refuse to renew or impose an unreasonable increase because a tenant complained in good faith, enforced their rights or joined a tenant group, and action within one year of such activity is presumed retaliatory. | Real Property Law section 223-b |
How much notice to give
Give the notice in writing, keep a copy and record how and when it was delivered.
Notice before a rent increase. An increase of 5 percent or more needs 30 days of written notice if the tenant has lived there under a year, 60 days for one to two years, and 90 days for more than two years. (Real Property Law section 226-c)
Notice before a rent increase. Rent stabilized tenants receive renewal lease offers with increases limited to the rates generally set by the local rent guidelines board. (Rent Stabilization Law and Code)
Fixed-term leases
During a fixed-term lease, rent usually stays as written until the term ends unless the lease itself allows an increase. Plan increases for the renewal.
Caps that limit the increase
Statewide cap on increases. There is no statewide cap, but in places covered by the Good Cause Eviction Law an increase above the local rent standard, generally inflation plus 5 percent and never more than 10 percent, is presumed unreasonable. (Good Cause Eviction Law (Real Property Law Article 6-A))
Rent control status. Rent stabilization covers many apartments in New York City and in localities that opted in under the Emergency Tenant Protection Act, a smaller set of older units remains under rent control, and the Good Cause Eviction Law adds limits in covered places. (Emergency Tenant Protection Act of 1974, Rent Stabilization Law and Real Property Law Article 6-A)
Timing and retaliation
Retaliation protection. A landlord may not evict, refuse to renew or impose an unreasonable increase because a tenant complained in good faith, enforced their rights or joined a tenant group, and action within one year of such activity is presumed retaliatory. (Real Property Law section 223-b)
Mistakes to avoid
- Raising rent during a fixed term without a clause that allows it.
- Sending the notice by text or email when the lease or the law calls for written delivery another way.
- Increasing rent right after a repair request or complaint.
- Not keeping proof of when the notice was delivered.
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General information, not legal advice.
Verify current law
We last checked these New York rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a New York attorney about your situation.
Laws named on this page
- Real Property Law section 226-c
- Rent Stabilization Law and Code
- Good Cause Eviction Law (Real Property Law Article 6-A)
- Real Property Law section 223-b
- Emergency Tenant Protection Act of 1974, Rent Stabilization Law and Real Property Law Article 6-A
Official sources
New York forms for this topic
Letters and checklists for this topic
- Notice of Rent Increase · PDF or Word
- Rent Increase Letter · PDF or Word
- Lease Renewal Letter · PDF or Word
Before you act on it. Check the statute too; this is not legal advice.
How much notice is needed to raise rent in New York?
An increase of 5 percent or more needs 30 days of written notice if the tenant has lived there under a year, 60 days for one to two years, and 90 days for more than two years. Rent stabilized tenants receive renewal lease offers with increases limited to the rates generally set by the local rent guidelines board. Source: Real Property Law section 226-c; Rent Stabilization Law and Code.
Is there a cap on rent increases in New York?
There is no statewide cap, but in places covered by the Good Cause Eviction Law an increase above the local rent standard, generally inflation plus 5 percent and never more than 10 percent, is presumed unreasonable. Source: Good Cause Eviction Law (Real Property Law Article 6-A).
Can a rent increase count as retaliation in New York?
A landlord may not evict, refuse to renew or impose an unreasonable increase because a tenant complained in good faith, enforced their rights or joined a tenant group, and action within one year of such activity is presumed retaliatory. Source: Real Property Law section 223-b.