What to Do When Your Rent Goes Up in New York City
Your landlord cannot raise your rent any way they want. New York State and New York City set rules for when and how rent can go up. The rules depend on whether your apartment is rent stabilized. This guide shows how to check your apartment's status. It explains what notice you must get. It also explains what you can do if your landlord does not follow the rules.
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Most NYC apartments follow 1 of 2 sets of rent increase rules. If your apartment is rent stabilized, your rent can only go up by a set amount each year. Maybe your apartment is unregulated, also called market rate. Then no law sets a fixed cap on the new rent when your lease ends. But your landlord must follow notice rules first. A smaller group of about 24,000 rent controlled apartments follows older rules.
✓ Sources checked August 23, 2026
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Your apartment might be rent stabilized without you knowing it. Almost 1 million NYC apartments are rent stabilized. Check your lease first. Look for the words "rent stabilized" or "rent stabilization".
✓ Sources checked August 23, 2026
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Ask New York State Homes and Community Renewal (HCR) for your apartment's rent history. Use HCR's online form and pick "Apartment rent history" as the reason. Or call HCR's Office of Rent Administration at 1 (833) 499-0343. HCR mails the answer to your apartment in about 20 business days. The rent history shows if your apartment was ever rent stabilized. It also shows what rents your landlord reported over the years.
City of New York How to request your rent history New York State Homes and Community Renewal Ask HCR form✓ Sources checked August 23, 2026
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If your apartment is rent stabilized, your landlord can only raise the rent in ways the law allows. The main way is the yearly percentage set by the New York City Rent Guidelines Board. That increase applies when you sign a new lease or a renewal lease. The state can also approve some other increases, for example after major building improvements.
✓ Sources checked August 23, 2026
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For leases that start between October 1, 2025 and September 30, 2026, the cap is 3% for a 1-year lease. The cap for a 2-year lease is 4.5%. 3% of $2,000 rent is $60. 4.5% of $2,000 rent is $90. Your landlord cannot add more than the cap at renewal.
✓ Sources checked August 23, 2026
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The Rent Guidelines Board adopted a rent freeze on June 25, 2026. The freeze covers rent stabilized leases that start or renew between October 1, 2026 and September 30, 2027. The increase is 0% for both 1-year and 2-year leases. 0% of $2,000 rent is $0. Your rent stays the same at that renewal.
City of New York Step 2: Check if your rent is regulated New York City Rent Guidelines Board Apartment/Loft Order #58 summary✓ Sources checked August 23, 2026
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You may pay a "preferential rent". That means your landlord charges you less than the highest legal rent for the apartment. Since June 14, 2019, your renewal increase must be based on the preferential rent you actually pay. Your landlord cannot switch you to the higher legal rent while you live there. The higher rent can only be charged after you move out.
✓ Sources checked August 23, 2026
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If your apartment is not rent stabilized, no law sets a fixed cap on the new rent when your lease ends. But New York law makes your landlord give you written notice before raising your rent by 5% or more. 5% of $2,000 rent is $100. So on $2,000 rent, an increase of $100 or more requires this notice.
City of New York Step 3: Learn about rent increases for unregulated rentals New York State Senate RPL § 226-c(1)(a)✓ Sources checked August 23, 2026
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The notice time depends on how long you have lived in the home. You get at least 30 days of notice if you have lived there less than 1 year. You get at least 60 days if you have lived there 1 to 2 years or your lease term is at least 1 year. You get at least 90 days if you have lived there more than 2 years or your lease term is at least 2 years. Count your total time in the home, not just your newest lease. The law uses your total time or your lease length, whichever is longer.
✓ Sources checked August 23, 2026
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If your landlord does not give this notice on time, you do not owe the higher rent yet. You can stay and keep paying your current rent. The higher rent can only start after your landlord gives you real written notice and the full 30, 60, or 90 days pass. This rule applies even if your lease says something else.
City of New York Step 1: Learn about protections for all tenants New York State Senate RPL § 226-c(1)(a)✓ Sources checked August 23, 2026
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A state law called Good Cause Eviction covers many market rate homes in New York City. Your rent increase notice must say whether this law covers your home. If it does, a court can find a rent increase above the yearly local standard unreasonable. The standard is 8.38% right now. 8.38% of $2,000 rent is $167.60. Your landlord may raise your rent more than that and then sue to evict you for not paying. In that case you can challenge the increase in housing court. The law has exceptions. For example, it does not cover most landlords who own 10 or fewer units in New York State.
New York State Senate RPL § 226-c(1)(a) NYC Department of Housing Preservation and Development What types of homes are not covered by the Good Cause Eviction law?✓ Sources checked August 23, 2026
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If your apartment is rent stabilized and your landlord charges more than the legal rent, file an overcharge complaint. File it with HCR's Office of Rent Administration, online or by mail. HCR can order your landlord to lower the rent and refund the extra money you paid. If your landlord overcharged you on purpose, HCR can make your landlord pay 3 times the overcharge. Lawyers call this treble damages.
City of New York Step 2: Check if your rent is regulated New York State Homes and Community Renewal Overview✓ Sources checked August 23, 2026
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Your landlord cannot punish you for using your rights. Maybe you complained in good faith about unsafe conditions to your landlord or a government agency. New York law then bans 2 responses. Your landlord cannot refuse to renew your lease because you complained. Your landlord also cannot offer a new lease with an unreasonable rent increase. Lawyers call this retaliation. This protection does not apply if your landlord lives in the building and it has fewer than 4 units.
✓ Sources checked August 23, 2026
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Timing helps you prove retaliation. Suppose your landlord tries to end your tenancy within 1 year after your complaint. Or your landlord tries a big change, like an unreasonable rent increase, in that year. The court then assumes it is retaliation. Your landlord must then prove a different reason. If the court finds retaliation, it can make your landlord pay you money damages and your lawyer costs.
✓ Sources checked August 23, 2026
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