New York requires advance written notice before a landlord raises rent 5% or more, or declines to renew a lease. The notice window scales with how long the tenant has lived in the unit: 30, 60, or 90 days under Real Property Law Section 226-c, enacted by the 2019 HSTPA.
Real Property Law Section 226-c requires written notice when a landlord intends a "rent increase equal to or greater than five percent above the current rent" or will not renew the tenancy. The period depends on "the cumulative amount of time the tenant has occupied the residence or the length of the tenancy in each lease, whichever is longer": at least 30 days if under one year, 60 days for one to two years, and 90 days for more than two years. If a landlord fails to give timely notice, "the occupant's lawful tenancy shall continue under the existing terms" until the proper notice period elapses.
If notice is late or omitted, the tenant's existing tenancy and rent continue until proper notice expires; the landlord cannot enforce the increase or non-renewal sooner.
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