New York: Rent Increase Notice Requirements
The short answer
A landlord offering a renewal increase of 5% or more must give 30, 60, or 90 days' written notice, based on the longer of the tenant's occupancy or lease term. For a unit covered by New York's Good Cause Eviction Law, an increase above the lower of 5% plus regional CPI or 10% is presumptively unreasonable—not automatically void—and the landlord must justify it; coverage is statewide only in New York City and opt-in localities, with broad exemptions.
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This is the general rule in New York. Ezel applies current New York law to your specific facts and answers with citations to the statutes.
| Governing law | N.Y. Real Prop. Law § 226-c (≥5% renewal notice) + Art. 6-A §§ 211-216 (Good Cause rent standard) + § 231-c (mandatory notice) |
|---|---|
| Advance notice required | Increase ≥5% at renewal: 30 days if occupancy/lease <1 year; 60 days for 1-2 years; 90 days for 2+ years—use whichever measure is longer (§ 226-c(1)-(2)) |
| Statewide limit on the increase | Good-Cause-covered unit: above lower of 5% + regional CPI or 10% is rebuttably presumed unreasonable; ≤ that standard is not unreasonable (§§ 211(7)-(8), 216(1)(a)) |
| Homes and landlords exempt from the cap | Good Cause applies in NYC and opt-in localities; exemptions include small landlords, owner-occupied ≤10-unit buildings, regulated/affordable units, condos/co-ops, new housing for 30 years, and others (§§ 212-214) |
| How often rent may increase | No separate current once-per-year limit; Good Cause tests the increase made in a calendar year (§ 216(1)(a)); A9370/S8612 would add once annually |
| Notice form, content, and service | Written; must append/incorporate § 231-c form stating Good Cause coverage/exemption and justification for a covered-unit increase above the local rent standard (§ 226-c(1)(a)) |
| Increase during a fixed lease | § 226-c addresses an offered renewal increase, not a general unilateral mid-term increase; the existing lease controls during its term |
| Tenant's remedies | Late notice: existing tenancy terms continue until the full notice period expires (§ 226-c(1)(a)); unreasonable increase is a Good Cause eviction/nonpayment defense, not a general civil claim (§ 216) |
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Requirements one by one
Notice for an increase of 5% or more
Under § 226-c(1)-(2), the 30/60/90-day notice rule applies when the
landlord offers a renewal increase of at least 5%. The clock uses the longer of
the tenant's cumulative occupancy or the lease term: 30 days below one year, 60
days from one to two years, and 90 days at two years or more.
If notice is late, the statute does not make the higher rent immediate. The
existing tenancy terms continue from actual written notice until the full notice
period expires.
Good Cause rent standard
For a unit covered by Article 6-A, § 211(7)-(8) defines the local rent
standard as the lower of 5% plus the applicable regional CPI change or 10%.
Section § 216(1)(a), (2) makes an increase above that standard rebuttably
presumed unreasonable and says an increase at or below it is not unreasonable.
This is not an automatic hard cap. A court considering an above-standard
increase may weigh operating costs, property taxes, and qualifying significant
repairs. The rule chiefly operates when a landlord seeks eviction or rent based
on the increase, and Article 6-A says it generally does not create a separate
civil claim for the tenant.
Where Good Cause applies and what it exempts
Article 6-A's geographic rule appears in §§ 212, 213(1). It applies in New
York City; outside the city, a village, town, or city must adopt it by local law.
Even there, § 214(1)-(2), (5)-(8), (11)-(15) exempts many homes. Major
categories include a small landlord, an owner-occupied building with no more
than 10 units, already rent-regulated and income-restricted housing,
condominiums and cooperatives, housing covered by a new-construction exemption
for 30 years, manufactured-home parks, transient rooms, school dormitories,
religious housing, and units above the applicable fair-market-rent threshold.
Required notice content
The written § 226-c notice must append or incorporate the § 231-c Good
Cause form. It identifies whether the unit is covered, states the exemption if
it is not, and requires the landlord to justify an increase above the local rent
standard for a covered unit.
Fixed lease term and frequency
Section 226-c speaks to an offered renewal increase. It does not create a
general power to change the rent before the current fixed term ends. The current
Good Cause text tests increases made in a calendar year but does not separately
say rent may rise only once annually. Pending A9370/S8612 would add that
once-per-year limit; it is not current law.
What trips people up
The 5% threshold in § 226-c decides whether the special 30/60/90-day notice
is triggered. It is not the Good Cause standard. The Good Cause standard adds
regional CPI to 5%, subject to a 10% ceiling, and it applies only where Article
6-A covers the unit.
Good Cause is not statewide outside New York City. A tenant elsewhere must first
check whether the village, town, or city opted in under § 213, then test the
unit against § 214's exemptions.
The local rent standard is a presumption, not a mathematical guarantee that an
above-standard increase is void. Section 216 directs a court to consider
specified facts when deciding whether the increase is unreasonable.
Common questions
Does a 4% renewal increase trigger the 30/60/90-day statute?
Not by itself. Section 226-c(1)(a) applies when the offered renewal increase
is at least 5%. The lease, another rent-regulation scheme, or local law may still
require notice.
Is every New York apartment protected by Good Cause?
No. It applies throughout New York City and only in opt-in localities elsewhere,
and § 214 contains broad property and landlord exemptions. The mandatory
notice must state whether the unit is covered and why an exemption is claimed.
What happens if the landlord gives the notice late?
Under § 226-c, the lawful tenancy continues on its existing terms from the
date of actual written notice until the required 30-, 60-, or 90-day period has
run.
Statutes and sources
- N.Y. Real Prop. Law § 226-c(1)-(2). The 5% trigger, written notice,
required Good Cause disclosures, late-notice result, and 30/60/90-day periods.
Archived official text
(official page captured April 26, 2026; accessed July 12, 2026). - N.Y. Real Prop. Law §§ 211-214 and 216. The CPI formula, local rent
standard, geographic coverage, exemptions, and unreasonable-increase
presumption. § 211,
§ 212,
§ 213,
§ 214, and
§ 216
(official pages captured August 2025; accessed July 12, 2026). - N.Y. Real Prop. Law § 231-c. Mandatory Good Cause coverage, exemption,
and above-standard-increase form. Archived official text
(official page captured September 18, 2025; accessed July 12, 2026). - Pending A9370A/S8612A. The amended companion bills would make the Good
Cause changes described above. A9370A reached Assembly Rules on May 28;
S8612A passed the Senate on June 2 and was referred to Assembly Codes.
A9370A official record
and S8612A official record
(accessed July 25, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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