New York Statewide Rule

New York Rent Increase Notice Requirements

Heavy RestrictionsApplies statewide across New York (2026)

Key Facts

Statute: RPL Section 226-c (HSTPA 2019)
Trigger: Rent increase of 5% or more, or non-renewal
Under 1 year occupancy: 30 days notice
1 to 2 years: 60 days notice
Over 2 years: 90 days notice

Last verified: September 5, 2026

Summary

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.

§ 226-c. Notice of rent increase or non-renewal of residential tenancy. 1. * (a) 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.

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Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Does New York cap how much a landlord can raise rent on a market-rate unit?

No. Section 226-c controls notice timing, not the size of the increase, for unregulated units. Rent-stabilized and rent-controlled apartments have separate increase limits set by local boards.

When is no advance notice required for a rent increase in New York?

If the increase is less than 5% above current rent, the 30/60/90-day notice rule under Section 226-c does not apply, though lease terms still govern.

What happens if my landlord skips the required notice?

Your tenancy continues on the existing terms, including the old rent, until the proper notice period has run.

Sources

NY Real Property Law Section 226-c

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