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New York, NY Rental Property Rules: Rent Increase Notice (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Statute
NY Real Property Law §226-c
Trigger
Increase of 5% or more
Under 1 year
30 days' notice
1 to 2 years
60 days' notice
Over 2 years
90 days' notice

Summary

In New York City, a landlord who plans to raise the rent by 5% or more, or to not renew a tenancy, must give written advance notice of 30, 60, or 90 days depending on how long the tenant has lived there.

Whenever a landlord intends to offer to renew the tenancy of an occupant in a residential dwelling unit with a rent increase equal to or greater than five percent above the current rent, or the landlord does not intend to renew the tenancy, the landlord shall provide written notice as required in subdivision two of this section... at least thirty days' notice... at least sixty days' notice... at least ninety days' notice.

View official code

Full Breakdown

State Real Property Law §226-c, enacted by the 2019 Housing Stability and Tenant Protection Act, governs every NYC rental. Whenever a landlord offers a renewal carrying a rent increase of 5% or more above the current rent, or declines to renew at all, written notice is mandatory. The notice period scales with tenure: at least 30 days for tenants under one year, 60 days for one to two years, and 90 days for those over two years. Time is measured by the tenant's cumulative occupancy or the lease term, whichever is longer. The rule applies to unregulated market-rate units citywide, not just rent-stabilized apartments.

Violations & Fines

If the landlord fails to give the required notice, the tenant may remain in the unit at the existing rent until proper written notice is served and its effective date passes. Tenants raise §226-c as a defense in Housing Court.

Frequently Asked Questions

Does this apply to market-rate apartments in NYC?
Yes. RPL §226-c covers all residential tenancies statewide, including unregulated market-rate NYC units, not only rent-stabilized or rent-controlled apartments.
What if my landlord skips the notice?
The tenant may stay at the current rent until the landlord serves proper written notice and its effective date passes. It is a defense to eviction in Housing Court.
Does a small increase require notice?
No. The 30/60/90-day notice is triggered only when the renewal rent increase is 5% or more, or when the landlord will not renew the tenancy.

Sources & Official References

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