New York Rent Increase & Notice Rules: How Much Warning a Landlord Must Give

In New York, a landlord generally cannot raise the rent on a month-to-month tenant without written advance notice, and the amount of warning depends on how long the tenant has lived in the unit. Under the notice rule added by the Housing Stability and Tenant Protection Act of 2019 (commonly cited as N.Y. Real Property Law § 226-c), a landlord who wants to raise the rent by 5% or more, or who wants to end the tenancy by not renewing, must give 30 days notice if the tenant has lived there less than one year, 60 days if one to two years, and 90 days if two years or more. These numbers are the heart of New York's system, but landlord-tenant law changes often and has important local exceptions, so confirm the current rule before you rely on it.

Raising rent on a month-to-month tenancy

If you rent month-to-month in New York, your landlord can propose a higher rent, but the increase only takes effect after proper written notice. The tiered schedule above applies whenever the increase is 5% or more of the current rent:

• Under 1 year: at least 30 days written notice.
• 1 to 2 years: at least 60 days written notice.
• 2 years or more: at least 90 days written notice.

You are not required to accept the new rent. If you do not agree, the relationship typically ends and the landlord must follow the same notice timeline to terminate. A tenant who keeps paying the old amount after a properly noticed increase risks an eviction case, so respond before the deadline rather than ignoring the letter.

Ending a month-to-month tenancy

When a landlord wants to end a month-to-month arrangement (without cause), the same 30/60/90-day schedule based on length of occupancy applies. When a tenant wants to move out, the notice rules are different and shorter. Outside New York City, a month-to-month tenant generally gives at least one month's written notice before the next rent period (N.Y. Real Property Law § 232-b); inside New York City, the comparable rule is found in § 232-a. Many leases set their own notice terms, so check your written agreement, and give notice in writing so you have a record.

Does New York have rent control or rent stabilization?

Yes. New York is one of the few states with robust tenant-side rent regulation rather than a ban on it. Two overlapping systems exist:

• Rent control covers a shrinking number of older units, mostly in New York City, where the same tenant or family has lived continuously since before 1971.
• Rent stabilization covers a much larger set of apartments, primarily in New York City and in some Westchester, Nassau, and Rockland communities that opted into the Emergency Tenant Protection Act. Stabilized units have annual increase limits set by a local rent guidelines board, plus renewal and succession rights.

If your unit is regulated, the percentage your rent can rise is capped no matter what the lease says, and the 5%/90-day framework above is not the controlling rule. You can ask the state agency that oversees rent regulation for your rent history to find out whether your apartment is covered.

The Good Cause Eviction law

In 2024 New York enacted a statewide Good Cause Eviction law that applies in New York City by default and that other cities, towns, and villages can choose to adopt (several upstate municipalities have). Where it applies, a landlord generally needs a "good cause" to refuse to renew or to evict, and there is a rebuttable presumption that a rent increase above a set local threshold is unreasonable. Coverage has many exemptions (for example, owner-occupied small buildings, newer construction, and units above a high-rent threshold), so whether it protects a particular tenant is very fact-specific. Confirm whether your locality has opted in and whether your unit qualifies.

Fixed-term leases and mid-lease increases

If you signed a lease for a set term, such as one year, the landlord generally cannot raise the rent in the middle of that term unless the lease itself allows it. The agreed rent holds until the lease ends. At renewal time, a landlord on an unregulated unit can propose a new rent, subject to the notice rules and any Good Cause limits that apply.

Where disputes are decided

Rent and eviction cases in New York City are heard in the Housing Part of the New York City Civil Court, widely known as Housing Court. Outside the city, these matters are handled in local city, town, or village justice courts, or in district or county courts depending on the area. A landlord cannot lock you out or remove your belongings without a court order; self-help evictions are illegal.

When to get help

Because New York layers state notice rules, rent regulation, and local Good Cause adoption on top of one another, it is easy to misjudge which rules apply to your apartment. If you receive a large increase, a non-renewal notice, or an eviction petition, a New York tenant or landlord attorney, or a local legal aid or housing-counseling office, can tell you whether your unit is regulated and whether the notice you got was valid. This article is general legal information, not legal advice, and the specific sections and figures here should be verified against current New York law for your county or city.