Housing & Tenant · Rent Increase Notice
Rent Increase Notice in New York
How many days of advance notice a landlord must give before a rent increase takes effect in New York, how a fixed-term lease is treated, and what to check, cited to the statute.
The notice periods in New York
How much warning is required before a higher rent can take effect, and how a fixed lease is treated.
| When | Notice in New York | What it means |
|---|---|---|
| Lived less than 1 year | 30 days | At least 30 days notice before a rent increase of 5% or more (§226-c(2)(b)). |
| Lived 1 to 2 years | 60 days | At least 60 days notice before a rent increase of 5% or more (§226-c(2)(c)). |
| Lived 2 years or more | 90 days | At least 90 days notice before a rent increase of 5% or more (§226-c(2)(d)). |
| Fixed-term lease | None mid-term | During a fixed-term lease the rent is set by the lease. The §226-c notice applies before a renewal that raises the rent 5% or more, or before a landlord declines to renew. |
| Limit on the amount | Separate rule | Rent-stabilized apartments, common in New York City, have their own limits on how much rent can rise, set each year by a Rent Guidelines Board. This page covers the notice for market-rate tenants, not those separate amount limits. |
| If notice is skipped | Not effective | If the landlord fails to give the required 30, 60, or 90-day notice, the increase cannot take effect on the intended date, and the tenant continues to owe only the prior rent until proper notice runs. The same rule applies to a non-renewal. |
| Statute | N.Y. Real Prop. Law §226-c | The controlling statute for this notice period. Read the full text through the source link below. |
Next steps if your rent is going up
Concrete, neutral steps to check a rent increase in New York. This is legal information, not legal advice.
- Count your full time in the apartment
The notice depends on how long you have lived there, counting all your time in the unit, not just the current lease. Under a year needs 30 days, one to two years needs 60 days, and two years or more needs 90 days.
- Check whether the increase is 5% or more
The 30/60/90-day notice applies when the rent goes up by 5% or more. Compare the new rent to your current rent. A smaller increase can be handled differently, but any large jump triggers the longer notice.
- Ask whether your unit is rent-stabilized
If your apartment is rent-stabilized, separate rules limit how much the rent can rise, set by a Rent Guidelines Board, and renewals follow their own windows. Your lease or the state housing agency can confirm your status.
- Get New York tenant help
The New York Attorney General publishes a tenants rights guide covering rent-increase notice and rent stabilization. A local housing counselor can confirm the right notice period and whether an increase is valid.
If your rent is going up, you can check whether the notice was proper and whether any limit applies. This resource explains your rights.
→ New York Attorney General (Tenants’ Rights)This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What New York renters get wrong
New York ties rent-increase notice to how long you have lived in your home. Under Real Property Law §226-c, added by the 2019 Housing Stability and Tenant Protection Act, a landlord who wants to raise the rent by 5% or more has to give 30 days notice if you have lived there under a year, 60 days for one to two years, and 90 days for two years or more. The same tiers apply before a landlord declines to renew a lease. The count is based on your total time in the unit, not just the current lease term, so a long-term tenant is owed the longest notice. One point of confusion is worth clearing up: these tiers govern the notice, not the amount. For most market-rate tenants New York does not cap how much the rent can rise. Rent-stabilized apartments, which are common in New York City, are the exception; their increases are limited each year by a Rent Guidelines Board and follow separate renewal rules. If your landlord skips the required notice, the increase simply cannot start on the date they wanted.
Common questions
How much notice for a rent increase in New York?
When the increase is 5% or more, the notice depends on how long you have lived there: 30 days under a year, 60 days for one to two years, and 90 days for two years or more (Real Property Law §226-c). The same tiers apply before a landlord declines to renew.
Does the New York rent-increase notice depend on how long I have lived there?
Yes. Section 226-c sets the notice by length of tenancy, counting all your time in the unit: 30 days for under a year, 60 days for one to two years, and 90 days for two years or more. A longer tenancy earns a longer notice.
Can my landlord raise rent during a lease in New York?
Not during a fixed-term lease, unless the lease allows it. The rent is set for the term. The §226-c notice applies before a renewal that raises the rent 5% or more, or before a landlord chooses not to renew.
Is there a limit on how much rent can rise in New York?
For most market-rate tenants, no statewide cap on the amount applies; §226-c governs notice, not price. Rent-stabilized apartments are different: their increases are limited each year by a Rent Guidelines Board. Check whether your unit is stabilized, since that changes the amount rules.
What if my New York landlord did not give proper rent-increase notice?
The increase cannot take effect on the intended date. Until the landlord gives the correct 30, 60, or 90-day notice, you owe only your prior rent. The same protection applies if the landlord tries to decline a renewal without the required notice.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.