New York Rent Increase Notice Rules

New York rent increase rules at a glance

New York requires written notice of 30, 60 or 90 days, depending on how long the tenant has lived in the unit or the length of the lease, before a landlord raises rent by 5 percent or more or decides not to renew (NY Real Property Law § 226-c). New York does not have a statewide percentage cap on rent increases for market-rate units, but rent-stabilized apartments in New York City are subject to the Rent Guidelines Board's annual adjustments.

The tiered notice rule explained

New York's Housing Stability and Tenant Protection Act of 2019 established tiered notice requirements based on tenancy length or lease duration:

• Under 1 year of occupancy and lease under 1 year: 30 days' notice
• 1-2 years of occupancy or lease of 1-2 years: 60 days' notice
• Over 2 years of occupancy or lease over 2 years: 90 days' notice

The tiers apply when the new rent is 5 percent or more above the current rent, or when the landlord does not plan to renew. If the landlord gives late notice, the tenant's tenancy continues under its existing terms until the notice period runs out.

The notice must be in writing and specify the new rent amount and the effective date. These requirements apply to all residential tenancies in New York state, not just New York City.

NYC rent stabilization

In New York City, approximately one million apartments are rent-stabilized. For these units, the Rent Guidelines Board sets maximum annual increases (typically 1-5% in recent years). Market-rate apartments in NYC are not subject to these caps but must follow the tiered notice rules above. If you manage rent-stabilized units, the applicable percentage cap is set annually and applies on top of the notice requirements.

Upstate New York and suburban areas

Outside of New York City, there is no rent stabilization or rent control. The tiered notice rules (30/60/90 days) apply statewide. Albany, Buffalo, Rochester, Syracuse, and other upstate cities follow the same notice structure without percentage caps.

Fixed-term leases in New York

For fixed-term leases, rent cannot be raised mid-term. Increases apply at renewal. The tiered notice requirement applies to non-renewal or rent increase notices at the end of a fixed term. If a tenant does not accept the increased rent or vacate, the New York eviction timeline governs the holdover process.

Worked example: raising rent in New York

Current rent is $1,800/month on a month-to-month lease. The tenant has occupied the unit for 18 months. You want to raise it to $2,000, an increase of $200 (11.1%).

Because the increase is 5 percent or more and the tenant has occupied the unit for more than one year but less than two, New York requires 60 days' written notice (NY RPL § 226-c). You plan the increase to take effect September 1. Working backward, you need to deliver written notice by July 3.

If you send notice on July 1, the earliest the increase can take effect is September 1.

For a market-rate unit, there is no percentage cap, so the full $200 increase is legally permissible with proper 60-day notice. For a rent-stabilized unit in NYC, the increase would be capped at the Rent Guidelines Board's annual adjustment.

What experienced landlords do differently

• Track each tenant's occupancy length to determine the correct notice tier (30/60/90 days). Sending a 30-day notice to a 14-month tenant is legally insufficient and delays the increase.
• Include a brief rationale with the notice: "Property taxes increased 8% and insurance premiums rose 12%." You're not legally required to explain, but tenants who understand the reason are more likely to stay.
• If you're raising rent significantly, consider offering a longer lease (12+ months) at a slightly lower increase. Stability often beats the extra $50/month.

Related New York compliance tools

Landlords in New York deal with more than just rent increases. These free calculators cover the other compliance deadlines you need to track:

• New York Eviction Timeline Estimator: Estimate the full eviction process from notice to possession
• New York Maximum Late Fee Calculator: Calculate the highest late fee your lease can enforce
• New York Security Deposit Return Deadline: Know exactly when the deposit must be returned or itemized

See all property management tools for investment, financing, and operations calculators.

Frequently asked questions about New York rent increases

Can a tenant refuse a rent increase?

On a month-to-month lease, the tenant cannot block a properly noticed increase, but they can choose to move out instead. On a fixed-term lease, you generally cannot raise rent until the lease expires unless the lease itself includes an escalation clause. For rent-stabilized apartments in NYC, increases above the Rent Guidelines Board's annual adjustment may be refused.

Is there a rent cap in New York?

Not for market-rate units. Rent-stabilized apartments in NYC are subject to the Rent Guidelines Board's annual cap. Outside NYC, there are no percentage caps.

How much notice does New York require for a rent increase?

For an increase of 5 percent or more, or a non-renewal: 30 days for tenancies under 1 year, 60 days for 1-2 years, and 90 days for over 2 years or a lease of 2 years or more (NY RPL § 226-c).

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

Generally no. A fixed-term lease locks in the rent for the term. Rent increases apply at renewal with the appropriate tiered notice.

What is a fair New York rent increase amount?

Three to six percent annual is the typical band for market-rate units. For rent-stabilized units in NYC, the Rent Guidelines Board sets the annual cap.