NY Rent Increase and Non-Renewal Notice Rules
How much notice a New York landlord owes before a rent increase of 5% or more or a non-renewal: 30, 60 or 90 days under RPL 226-c, plus stabilized rules.
8 min read · Updated
In New York, a landlord who wants to raise a market-rate tenant's rent by 5% or more, or not renew the lease at all, must give written notice 30, 60 or 90 days ahead, depending on how long the tenant has lived there or how long the lease is. If the notice is late, the tenant keeps the current rent and terms until the full notice period has run.
This rule is Real Property Law (RPL) § 226-c. It covers most private rentals in the state. Rent-stabilized apartments in New York City follow a separate renewal process run by NYS Homes and Community Renewal (HCR), which is explained further down.
At a glance
- Under 1 year (and no lease of 1 year+)
- 30 days
- RPL § 226-c(2)(b)
- 1 to 2 years, or a lease of 1–2 years
- 60 days
- RPL § 226-c(2)(c)
- 2+ years, or a lease of 2 years+
- 90 days
- RPL § 226-c(2)(d)
- What triggers it
- Increase ≥ 5% or non-renewal
- Must be in writing
- If notice is late
- Old terms continue
- Until the notice period ends
- Stabilized NYC renewal offer
- 90–150 days before expiry
- HCR form RTP-8
Find your notice period
Answer two or three questions. The result quotes the notice period from the statute. It applies to unregulated (market-rate) apartments; the tree sends rent-stabilized units to the right process.
How much notice is required?
Step 1Is the apartment rent stabilized or rent controlled?
What the statute actually says
RPL § 226-c(1)(a) says that when a landlord intends to offer a renewal with a rent increase of 5% or more, or does not intend to renew, the landlord must give written notice. Subdivision 2 sets the length of notice. It is measured by the longer of the tenant's cumulative occupancy in the unit or the term of the lease. So a tenant on a one-year lease who has lived in the apartment for three years gets 90 days, not 60.
| Longer of occupancy or lease term | Minimum written notice | Statute |
|---|---|---|
| Under 1 year, and no lease of at least 1 year | 30 days | § 226-c(2)(b) |
| More than 1 year but under 2, or a lease of at least 1 but under 2 years | 60 days | § 226-c(2)(c) |
| More than 2 years, or a lease of at least 2 years | 90 days | § 226-c(2)(d) |
Extra content required in New York City (Good Cause)
The version of § 226-c in effect since August 18, 2024 (through June 15, 2034) adds content requirements tied to the Good Cause Eviction law. The notice must state whether the unit is covered by Good Cause and, if it is exempt, the reason. For a covered unit, it must also state the lawful basis for a non-renewal and the justification for any increase above the local rent standard.
The local rent standard is 5% plus the prior calendar year's regional CPI change, or 10%, whichever is lower (RPL § 211). The DHCR notice posted July 16, 2026 publishes a 3.38% CPI change (annual 2024 to 2025) for the New York-Newark-Jersey City area, which covers NYC. That puts the current NYC standard at 8.38%. Under RPL § 216, an increase above that in a covered unit is a rebuttable presumption of an unreasonable increase; a court may weigh the landlord's costs, property taxes and significant repairs. See Good Cause Eviction for landlords.
A worked example
A tenant has lived in a market-rate Queens apartment since March 2024 on a series of one-year leases. The current lease ends February 28, 2027. The landlord wants a 7% increase.
- Occupancy at expiration: almost three years. Lease term: one year. The longer is occupancy, so the 90-day rule applies.
- 90 days before February 28, 2027 is November 30, 2026. Notice should reach the tenant on or before that date.
- If the landlord sends it on January 15, 2027 instead, the old rent continues until 90 days after notice, about mid-April 2027.
If the building is covered by Good Cause, the notice also has to say so. A 7% increase is under the current local rent standard of 8.38%, so no special justification is needed.
Market rate vs rent stabilized
| Market rate (RPL § 226-c) | Rent stabilized (NYC, HCR) | |
|---|---|---|
| When notice is required | Increase of 5%+ or non-renewal | Every renewal |
| Timing | 30, 60 or 90 days before lease end | 90 to 150 days before lease end |
| Form | Any written notice | HCR Renewal Lease Form RTP-8 plus the lease rider |
| How much rent can rise | No cap, except Good Cause in covered units | Rent Guidelines Board rate |
| Can the owner refuse to renew? | Yes, unless Good Cause or another law applies | Only on limited grounds |
| If the owner is late | Old terms continue until notice period ends | Tenant can choose a later start date and the lower guideline |
The stabilized renewal timeline
150 to 90 days before expiry
Owner offers renewal
Mail or hand-deliver form RTP-8 with the NYC lease rider. A non-renewal notice must be served in this same window.Within 60 days of the offer
Tenant chooses 1 or 2 years
The tenant signs and returns the form. If the tenant does not accept, the owner may refuse to renew and go to court after the lease expires.Within 30 days of return
Owner returns the signed lease
The renewal starts no earlier than the current lease’s expiration date.
HCR's Fact Sheet #4 says that if the owner fails to serve a non-renewal notice during the 90–150 day window, the tenant is entitled to a renewal lease. When an offer comes late, the tenant can pick either the original start date or the first rent date at least 90 days after the offer, and pays the lower of the two guideline rates. For leases starting October 1, 2026 through September 30, 2027, the Rent Guidelines Board voted 0% for one- and two-year renewals. See the 2026 rent freeze for landlords.
Month-to-month tenants in NYC
RPL § 232-a covers monthly and month-to-month tenants in New York City. To end a residential month-to-month tenancy, the landlord must give the notice set by § 226-c(2), so the same 30/60/90-day bands apply, and the notice must be served the way a court petition is served. Ending the tenancy does not by itself let a landlord remove the tenant; that still requires a court case.
Practical tips for landlords
- Serve in a way you can prove. The statute requires written notice. Keep a copy and proof of mailing or delivery.
- Count from the lease end date, not the rent due date. Then add a margin for mail.
- Track occupancy, not just the lease. Long-time tenants on one-year leases get 90 days.
- Co-ops: § 226-c(1)(b) generally does not require a co-op corporation to give this notice to shareholders or unit owners. Other notice duties can still apply.
- Put it on a calendar. The landlord compliance calendar lists other yearly filings and notices.
Check a specific date
Enter the lease end date and tenancy length to see the deadline for your notice.
Did my landlord give enough notice of a rent increase?
Open full calculator →Why 90 days: You will have lived there two years or more.
Assumptions: occupancy is measured through the end of your current lease, and days are counted as calendar days back from the lease end date. For rent-stabilized apartments use the renewal calculator. If your unit may be covered by Good Cause Eviction, also run the Good Cause rent increase checker. General information, not legal advice.
Notice periods, the longer-of occupancy-or-lease test, the late-notice consequence, the Good Cause notice content and the co-op exception checked against RPL 226-c text (version effective Aug 18, 2024). Month-to-month cross-reference checked against RPL 232-a. Stabilized renewal window (90–150 days in NYC, 60 days to accept, 30 days to return) and the late-offer example checked against HCR Fact Sheet #4 (04/2023). 3.38% CPI figure (New York-Newark-Jersey City, 2024 to 2025) checked in the DHCR notice posted 2026-07-16; local rent standard formula checked against RPL 211(7)-(8) and the rebuttable presumption against RPL 216. GOL 5-905 15-30 day reminder checked against statute text. 2026-27 RGB 0%/0% vote confirmed. Worked-example date math recomputed (Feb 28 2027 minus 90 days = Nov 30 2026).
Sources
- Real Property Law § 226-C: Notice of rent increase or non-renewal · New York State Senate (accessed October 12, 2026)
- Real Property Law § 232-A: Monthly tenants in New York City · New York State Senate (accessed October 12, 2026)
- Real Property Law § 211: Good Cause definitions (inflation index, local rent standard) · New York State Senate (accessed October 12, 2026)
- Real Property Law § 216: Unreasonable rent increases (Good Cause) · New York State Senate (accessed October 12, 2026)
- General Obligations Law § 5-905: Automatic renewal clauses · New York State Senate (accessed October 12, 2026)
- Residential Tenants’ Rights Guide · New York State Attorney General (accessed October 12, 2026)
- Fact Sheet #4: Lease Renewal in Rent Stabilized Apartments · NYS Homes and Community Renewal (accessed October 12, 2026)
- Good Cause Eviction Law: Required DHCR Notice (2026) · NYS Homes and Community Renewal (accessed October 12, 2026)
General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.