✓ Law Verified June 2026
This guide explains new york rent increase laws in plain English — whether there is a cap on how much your landlord can raise your rent, how much notice they must give, which New York cities have local rent control, and what to do if an increase looks illegal. All figures are from New York law, verified as of June 2026.
In This New York Guide:
New York Rent Increase Rules at a Glance
| Statewide rent cap | YES — New York does not have a single flat statewide cap, but has multiple overlapping protections. For rent-stabilized apartments (over 1 million units in NYC), the Rent Guidelines Board sets annual caps — for leases renewing October 1, 2025 through September 30, 2026, increases are capped at 3% for one-year leases and 4.5% for two-year leases. For rent-controlled apartments (approximately 24,000 units in NYC), increases are tied to the Maximum Base Rent (MBR) system, generally capped at 7.5% per year. For many unregulated (market-rate) apartments covered by the Good Cause Eviction law (effective April 20, 2024), rent increases are considered unreasonable if they exceed the local rent standard, which is set at CPI (inflation) plus 5%, with a hard maximum of 10% — whichever is lower. For example, if CPI is 3%, the cap would be 8%; if CPI is 6%, the cap would be 10%. Market-rate apartments that are exempt from Good Cause Eviction have no statutory cap on rent increases. |
| Notice required before increase | New York requires written advance notice for any rent increase of 5% or more, under Real Property Law § 226-c. The notice period depends on the length of tenancy or lease term: 30 days if the tenant has lived in the unit for less than 1 year and has a lease term of less than 1 year; 60 days if the tenant has lived in the unit for 1 to 2 years, or has a lease term of at least 1 year but less than 2 years; 90 days if the tenant has lived in the unit for more than 2 years, or has a lease term of 2 years or more. For rent increases under 5%, no advance written notice is specifically required under this statute. If the landlord fails to give proper notice, the tenant’s tenancy continues at the current rent until the required notice period has fully elapsed from the date actual written notice is given. |
| How often rent can be raised | For rent-stabilized apartments, rent may only be increased at lease renewal (once per year for a one-year lease, or once every two years for a two-year lease), per the Rent Guidelines Board order. For market-rate apartments, there is no statutory limit on frequency, but rent generally cannot be increased during a fixed-term lease — only at lease renewal or, for month-to-month tenancies, with proper written notice. The Good Cause Eviction law’s unreasonableness standard applies at each renewal. |
| During a fixed-term lease | NO — a New York landlord generally cannot raise rent during a fixed-term lease. Rent increases may only occur at lease renewal or when a lease expires. The only exception is if the lease itself contains a specific rent escalation clause that was agreed to at the time of signing. Without such a clause, any mid-lease increase is not enforceable. This applies to both market-rate and rent-regulated apartments. |
Retaliatory increases: YES — New York Real Property Law § 223-b prohibits retaliatory actions by landlords, including unreasonable rent increases, against tenants who have made good faith complaints about code violations, exercised legal rights, or participated in tenant organizations. If a tenant raises a retaliatory eviction or retaliatory rent increase defense within 1 year of making a protected complaint, there is a rebuttable presumption that the landlord’s action was retaliatory.
Tenants may be able to bring a civil action for damages, attorney’s fees, costs, and injunctive relief if a landlord violates this section.
New York Cities With Local Rent Control
New York City (both rent control and rent stabilization, covering over 1 million units), plus municipalities that have opted in under the Emergency Tenant Protection Act (ETPA) and/or Good Cause Eviction law. These include communities in Nassau County, Westchester County, and Rockland County. Additionally, Albany declared a housing emergency and adopted rent stabilization. Kingston adopted rent stabilization.
Numerous other municipalities — over 50 localities — have opted into one or more of New York’s rent regulation frameworks. Many upstate cities and towns have also opted into Good Cause Eviction protections. Check with New York State Homes and Community Renewal (HCR) at hcr.ny.gov for a current list of participating localities.
Exempt properties: Under the Good Cause Eviction law, the following are exempt from rent increase caps: units owned by a small landlord who owns 10 or fewer residential units total in New York State (though localities that opted in may set a lower threshold — Albany set it at 1 unit); buildings with 10 or fewer units where the owner lives in the building; units with a certificate of occupancy issued after January 1, 2009 (exempt for 30 years from the date of issuance); units where the monthly rent exceeds 245% of the HUD fair market rent for the area; units already covered by rent stabilization or rent control (which have their own separate caps); and housing cooperatives and condominiums.
Rent stabilization generally applies to buildings of 6 or more units built before 1974 in NYC, or buildings that opted in or received tax benefits requiring stabilization.
State preemption: NO — New York does NOT preempt local rent control. New York is one of the few states that actively enables local rent regulation. Municipalities may opt into the Emergency Tenant Protection Act (ETPA) to adopt rent stabilization, and since 2024, localities may opt into the Good Cause Eviction law (and may adopt stricter local standards).
The 2019 Housing Stability and Tenant Protection Act (HSTPA) strengthened and made permanent many rent regulation protections and eliminated vacancy decontrol statewide for regulated units.
What to Do If Your Rent Increase Is Illegal
If you believe your rent increase is illegal in New York, you may be able to take several steps. For rent-stabilized or rent-controlled apartments, file a complaint with the New York State Division of Housing and Community Renewal (DHCR) at hcr.ny.gov or call their rent info line at 718-739-6400.
For Good Cause Eviction violations, you may raise the unreasonable rent increase as a defense in housing court if the landlord tries to evict you for nonpayment of the increase.
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Many tenants can also contact the New York State Attorney General’s tenant hotline or review the AG’s Residential Tenants’ Rights Guide at ag.ny.gov.
You may be able to file a complaint in housing court or civil court for damages, and if you win, you may recover attorney’s fees. For notice violations under RPL § 226-c, your tenancy continues at the current rent until proper notice is given and the required period elapses. Contact a local legal services organization through LawHelpNY.org for free legal assistance, or call 311 in New York City.
Other New York rent rules: New York has several unique rules: (1) Preferential rent protection — under the HSTPA of 2019, if a rent-stabilized tenant pays a preferential (lower-than-legal) rent, that lower rent is locked in as the base for future increases for the duration of their tenancy. (2) Vacancy decontrol was permanently eliminated by the HSTPA — rent-stabilized apartments remain regulated even when a tenant vacates.
(3) Individual Apartment Improvement (IAI) increases are capped — landlords may only pass through up to 89 per month for improvements, with a total cap of 30000 for the improvement cost.
(4) Major Capital Improvement (MCI) increases are limited to 2% per year for rent-stabilized buildings. (5) The Rent Transparency Act (Local Law 86, effective January 26, 2026 in NYC) requires landlords to provide tenants with detailed information about their rent history and how their legal regulated rent was calculated.
(6) Overcharge claims — rent-stabilized tenants may be able to recover up to 6 years of rent overcharges, and treble damages may apply if the overcharge is found to be willful. (7) Security deposits are capped at 1 month’s rent statewide under the HSTPA.
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Official New York Sources & Resources
- New York Attorney General: https://ag.ny.gov/resources/individuals/tenants-homeowners/tenants
- New York Rent Statute: https://www.nysenate.gov/legislation/laws/RPP/226-C
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding New York Rent Increase Laws
Whether a New York rent increase is legal depends on the cap (if any), the notice given, and whether the increase is retaliatory. New York rent increase laws protect tenants from surprise hikes by requiring a minimum notice period before any increase takes effect.
If you believe a New York rent increase violates these rules, document the notice you received, check the math against the cap, and contact your local housing authority or legal-aid office.
Knowing the New York rent increase rules before your lease renews puts you in a much stronger position.
This New York rent increase guide was last verified against official sources in June 2026. Rent caps change — verify with your state or a local legal-aid office.
More New York Tenant Rights Guides
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- New York Eviction Process
- New York Security Deposit Law
- New York Repairs & Habitability
- Breaking a Lease in New York
- Eviction Timeline Calculator
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.