New York Rent Increase Notice
In New York a landlord who raises the rent 5 percent or more must give advance written notice based on how long the tenant has lived there: 30 days under one year, 60 days one to two years, and 90 days at two years or more (RPL 226-c). New York has no statewide rent cap; rent stabilization is a local option. Attorney review available.
Introduction
New York ties the required notice to how long a tenant has stayed. When a landlord raises the rent by 5 percent or more, or decides not to renew, the advance written notice grows with the tenancy: at least 30 days if the tenant has lived in the unit under a year, at least 60 days from one year up to two, and at least 90 days at two years or more, measured by occupancy or lease term, whichever is longer (N.Y. Real Property Law Section 226-c). The written notice that states the new monthly rent and its effective date is a New York rent increase notice. Skip the required notice and the tenancy simply continues on the old terms until proper notice is given and the period runs. On the amount, New York sets no statewide cap and no statewide percentage limit; rent regulation is a local choice under the Emergency Tenant Protection Act, in force in New York City and in Nassau, Rockland, and Westchester localities that opt in, where a local Rent Guidelines Board fixes the allowable increase. Rent under a fixed-term lease holds until the term ends unless the lease says otherwise. DocDraft builds your New York rent increase notice from your facts, with attorney review available before you serve it.
Key Things to Know
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A New York rent increase notice is the written notice a landlord serves to raise the rent on a residential tenancy, stating the new monthly rent and its effective date.
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The notice a New York landlord owes grows with the tenancy when the increase is 5 percent or more or the landlord will not renew: at least 30 days for occupancy under one year (N.Y. Real Property Law Section 226-c).
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From one year up to two years of occupancy, the required notice rises to at least 60 days (N.Y. Real Property Law Section 226-c).
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At two years of occupancy or a lease term of at least two years, the required notice is at least 90 days (N.Y. Real Property Law Section 226-c).
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Skip the required notice and the tenancy continues on the existing terms until proper notice is given and the matching period has run (N.Y. Real Property Law Section 226-c).
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New York sets no statewide cap; rent stabilization is a local choice under the Emergency Tenant Protection Act in New York City and in Nassau, Rockland, and Westchester localities that opt in, where a local Rent Guidelines Board fixes the allowable increase.
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Rent under a fixed-term lease holds until the term ends unless the lease allows a change; the Section 226-c ladder applies to a month-to-month tenancy or at lease renewal.
Key decisions before you file
Before you file a Rent Increase Notice in New York, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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New York Requirements for Rent Increase Notice
When a landlord raises the rent by 5 percent or more, or will not renew, New York requires advance notice set by length of occupancy or lease term, whichever is longer: at least 30 days if the tenant has occupied under one year, at least 60 days if one year but less than two years, and at least 90 days if two years or more (N.Y. Real Property Law Section 226-c).
The tiered Section 226-c notice applies when the landlord offers to renew with a rent increase equal to or greater than 5 percent above the current rent, or does not intend to renew (N.Y. Real Property Law Section 226-c). A smaller increase is not subject to these specific tiers, though the tenant must still be given the agreed notice.
New York has no statewide rent cap and no statewide percentage limit. For a unit that is not rent-stabilized or rent-controlled, a landlord may set the new amount subject to the Section 226-c notice period.
Rent stabilization is a local option under the Emergency Tenant Protection Act, in effect in New York City and in Nassau, Rockland, and Westchester localities that opt in. For a rent-stabilized unit, a local Rent Guidelines Board sets the maximum allowable increase and the landlord must offer a renewal under those rules.
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. The Section 226-c notice periods apply to a month-to-month tenancy or take effect when a fixed-term lease renews.
Count the required 30, 60, or 90 days from when the notice is given, based on the tenant's length of occupancy (N.Y. Real Property Law Section 226-c). The increase takes effect only on or after the first day past that period stated in the notice.
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date. When the increase is 5 percent or more, it should confirm the notice gives at least the 30, 60, or 90 days Section 226-c requires for the tenant's length of occupancy.
If the landlord fails to give the notice Section 226-c requires, the tenancy continues on the existing terms until proper notice is given and the corresponding 30, 60, or 90 days have passed. A tenant may treat a short or improper notice as not yet effective and continue paying the prior rent until a proper period runs.
Frequently Asked Questions
It is the written notice a New York landlord serves to raise the rent on a residential tenancy, stating the new monthly rent and its effective date. When the increase is 5 percent or more, the notice set by N.Y. Real Property Law Section 226-c must run before the new rent applies. It changes one term, the rent, going forward. Rent on a fixed-term lease cannot be raised mid-term unless the lease allows it.
In New York it depends on how long the tenant has lived in the unit or the lease length, whichever is longer, once the increase reaches 5 percent (N.Y. Real Property Law Section 226-c): at least 30 days under one year, at least 60 days from one year up to two, and at least 90 days at two years or more. The increase takes effect only after that period runs.
New York has no statewide cap and no statewide percentage limit. Rent stabilization is a local choice under the Emergency Tenant Protection Act, in force in New York City and in Nassau, Rockland, and Westchester localities that opt in, where a local Rent Guidelines Board fixes the allowable increase. For a unit that is not rent-stabilized or rent-controlled, a New York landlord sets the new amount subject to the Section 226-c notice.
Generally no. In New York the rent is a fixed term of the lease, so it cannot be raised during the term unless the lease specifically allows it. The Section 226-c ladder applies to a month-to-month tenancy or takes effect when a fixed-term lease renews. On renewal or on a month-to-month tenancy, an increase of 5 percent or more triggers the tiered 30, 60, or 90 day notice (N.Y. Real Property Law Section 226-c).
A New York landlord should give written notice of the increase in a way that reliably reaches the tenant, running at least the 30, 60, or 90 days N.Y. Real Property Law Section 226-c requires for the tenant's length of occupancy. Keeping proof of how and when it was served helps if the increase is later disputed, and a rent-stabilized unit may have its own renewal-offer procedure set by the local rent authority.
A New York rent increase notice should name the landlord and tenant, give the rental address, state the current and new monthly rent, and give the effective date. When the increase is 5 percent or more, it should confirm the notice runs at least the 30, 60, or 90 days N.Y. Real Property Law Section 226-c requires for the tenant's length of occupancy, and say how rent is to be paid.
New York rent stabilization is a local choice under the Emergency Tenant Protection Act, in force in New York City and in Nassau, Rockland, and Westchester localities that opt in. For a rent-stabilized unit, a local Rent Guidelines Board sets the maximum allowable increase and the landlord must offer a renewal under those rules. Check whether the unit is rent-stabilized or rent-controlled before setting a new rent, on top of the Section 226-c notice.
If a New York landlord does not give the notice N.Y. Real Property Law Section 226-c requires for the tenant's length of occupancy, the tenancy continues on the existing terms until proper notice is given and the matching 30, 60, or 90 days have passed. A tenant may treat a short or defective notice as not yet effective and keep paying the prior rent until a proper period runs.