New York · Rent Increases
Rent Increases in New York: What Are My Rights?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in New York.
This page explains New York State rules on rent increases for homes that are not rent stabilized or rent controlled. It covers the written notice your landlord must give and what happens if the notice is late. It explains the Good Cause Eviction limit on large increases where that law applies. It also covers retaliation and points you to rent stabilization rules.
How much notice you get
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While a fixed-term lease is running, your rent stays at the amount in the lease. Your landlord cannot raise it before the lease ends unless both you and your landlord agree. A 1-year lease at $1,500 stays at $1,500 for all 12 months.
Source:- Leases, New York Attorney General. A government guide.
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Your landlord must give you written notice before raising your rent by 5% or more, or before refusing to renew your lease. 5% of $1,500 rent is $75, so a raise to $1,575 or more needs this notice. A smaller raise does not.
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The notice period depends on how long you have lived there or how long your lease is, whichever is longer. Less than 1 year and a lease under 1 year: 30 days. More than 1 year but less than 2, or a lease of 1 to 2 years: 60 days. More than 2 years, or a lease of 2 years or more: 90 days. Count from the day you actually receive the written notice.
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If your landlord gives late notice or no written notice, your old rent continues. First, keep paying the old amount on time. Then count 30, 60, or 90 days from the day you got written notice. The new rent can only start after that full period ends. A lease clause saying otherwise does not count.
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If you stay after your lease ends and your landlord accepts rent, you become a month-to-month tenant. Your landlord can raise a month-to-month rent only if you agree. If you do not agree, the landlord's other option is to end your rental. New York law requires written notice before ending or not renewing it. The notice period is 30, 60, or 90 days. It depends on how long you have lived there or the length of your lease, whichever is longer.
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Good Cause does not cover every home, even where it applies. These are not covered: a home owned by a small landlord. A small landlord owns 10 units or fewer in the state, or another number set by local law. A building of 10 units or fewer where the owner lives. A building with a certificate of occupancy (the paper saying it meets safety rules) from January 1, 2009 or later, for 30 years. A unit with rent rules under another law, such as rent stabilization (a rule that limits how much rent can go up). A unit that must stay affordable at a set income level.
Check the new rent
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No statewide law caps rent for a home that is not rent regulated. Your landlord may charge any rent you both agree to. The limits below are about notice, timing, and a few places with extra rules.
Source:- Rent Charges, New York Attorney General. A government guide.
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The Good Cause Eviction Law applies only in some places. Governor Hochul signed it into effect on April 20, 2024. It is in effect in New York City. Outside the city, it applies only where the village, town, or city adopts it by local law. The state housing agency, Homes and Community Renewal (HCR), must publish a list of those places by August 1 each year. Its current notice lists the places that had opted in as of May 4, 2026. Check that list for your town.
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Where Good Cause applies, an increase above the local rent standard is first treated as unreasonable. The standard is 5% plus last year's inflation rate, capped at 10%. HCR's July 16, 2026 notice sets inflation at 3.38% for the 12 downstate counties and 3.15% elsewhere. The downstate standard is 8.38%. On $2,000 rent that is $167.60. A raise to $2,167.60 is within the standard, and a raise to $2,300 is first treated as unreasonable. Upstate the standard is 8.15%, which is $97.80 on $1,200 rent.
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Where Good Cause applies, your landlord's rent-increase notice must attach the state Good Cause form. The form must say whether your home is covered, and if the raise is above the local rent standard, the landlord's reason for it. A raise at renewal also needs written notice at least 30 days and at most 90 days before the lease ends.
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Rent stabilization (a rule that limits how much rent can go up each year) sets a yearly maximum increase for covered apartments. Outside the state's largest city it applies in Nassau, Rockland, and Westchester counties and the City of Kingston. It generally covers buildings of 6 or more units built before 1974, in places that adopted it. A Rent Guidelines Board sets the rate each year for leases starting on or after October 1. If you are charged more than the legal rent, you can file a complaint with HCR (New York State Homes and Community Renewal). It works differently in the city; check your city's guide.
Sources:- Rent Regulated Housing, Rent Stabilization, New York Attorney General. A government guide.
- Overview, New York State Homes and Community Renewal. A government guide.
If the increase is not allowed
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Where Good Cause applies, a court cannot evict you for not paying rent that came from an unreasonable increase. The court looks at the landlord's costs, like property taxes, utilities (water, electric, gas), insurance, and maintenance. The law is set to end on June 15, 2034.
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Your landlord cannot use a rent increase to punish you for a good-faith complaint about repairs, code violations, or your rights. The same applies if you join a tenant group. If the raise comes within 1 year of your complaint, the court treats it as retaliation unless the landlord proves another reason. This does not cover an owner-occupied building with fewer than 4 units.
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For a retaliatory (punishing you for using your rights) rent increase, a court can order the landlord to pay you money and your lawyer's fees.
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