New York Rent Increase Notice Rules

New York rent increase rules at a glance

New York's rent increase notice requirements scale with the length of the tenancy. Under NY Real Property Law § 226-c (as amended by HSTPA 2019): 30 days for tenants under 1 year, 60 days for tenants 1 to 2 years, and 90 days for tenants 2 or more years. There is no statewide rent cap, but NYC and a few other municipalities have rent stabilization for older buildings.

How the tiered notice rule works

The notice period is determined by total length of tenancy at the time the increase would take effect (not just the current lease term). A tenant who has lived in the unit 2 years and 3 months requires 90 days notice for any increase. A tenant 11 months in requires 30 days. This tiered structure is unique among US states.

NYC rent stabilization

NYC has approximately 1 million rent-stabilized apartments, governed by the Rent Stabilization Code. For stabilized units, annual increases are set by the NYC Rent Guidelines Board (typically 2 to 5 percent depending on lease term). Stabilized units are usually in buildings built before 1974 with 6 or more units. The tiered notice rule does not override stabilization caps.

Free-market NYC apartments

NYC apartments not subject to stabilization (newer construction, smaller buildings, certain coops/condos) follow state law including the tiered notice requirement. There is no statutory cap on the increase amount for these units, though local political pressure and HSTPA-era enforcement have made large increases politically risky.

How to use this calculator

Enter current and proposed rent. The calculator returns the required notice period based on a default tenancy length, the increase amount and percentage, and the earliest legal effective date. Adjust for your specific tenancy length to get the precise notice window.

Frequently asked questions about New York rent increases

How much notice must a New York landlord give to raise rent?

30 days for tenants under 1 year, 60 days for tenants 1 to 2 years, 90 days for tenants 2 or more years. NY Real Property Law § 226-c (as amended by HSTPA 2019). The tiered structure is based on length of total tenancy, not just current lease.

How much can a New York landlord raise rent?

For non-stabilized free-market units, there is no statutory cap on increase amount, but the tiered notice rules apply. For NYC rent-stabilized apartments, annual increases are set by the NYC Rent Guidelines Board, typically 2 to 5 percent.

What is the difference between rent stabilization and free-market in NYC?

Rent stabilization applies to approximately 1 million NYC apartments, generally in buildings built before 1974 with 6 or more units. Stabilized rents are capped by annual Rent Guidelines Board orders. Free-market units (newer construction, smaller buildings) are not capped but still must follow the tiered notice rule.

Can a New York landlord raise rent during a fixed-term lease?

Generally no. Fixed-term leases lock in rent for the term. Rent increases apply at renewal. HSTPA also requires landlords to offer renewal in many cases.

Did HSTPA change New York rent increase rules?

Yes. Before HSTPA (2019), New York generally required 30 days notice for any rent increase. HSTPA introduced the tiered 30/60/90-day notice rule based on tenancy length, and strengthened tenant protections against retaliatory rent increases.