Does New York cap how much a landlord can raise the rent?
For an apartment that is not rent regulated, no. The New York Attorney General's Residential Tenant's Rights Guide states the position plainly: when an apartment is not rent regulated, a landlord is free to charge any rent agreed upon by the parties. There is no statewide percentage ceiling, no CPI formula, and no dollar limit on a market-rate increase.
Rent-stabilized apartments are a different regime entirely. For those, the initial rent and every subsequent increase are set by law, and local Rent Guidelines Boards in New York City, Nassau, Rockland and Westchester counties fix the maximum increase once a year for one- and two-year renewal leases. Since June 15, 2019, other localities may also enact rent stabilization if they declare a housing emergency.
So the practical question for most landlords is not "how much" — it is "how much warning."
The 30/60/90-day notice rule under RPL § 226-c
Section 226-c is triggered two ways: a renewal offer carrying a rent increase equal to or greater than five percent above the current rent, or a decision not to renew the tenancy at all. Either one requires advance written notice on this schedule:
| Time in occupancy / lease term | Written notice required |
|---|---|
| Less than one year, and no lease term of at least one year | At least 30 days |
| More than one year but less than two — or a lease term of at least one but under two years | At least 60 days |
| More than two years — or a lease term of at least two years | At least 90 days |
Note where the 5% line sits. The statute reads "equal to or greater than five percent," so an increase of exactly 5% is inside the rule, not outside it. A 4.9% increase carries no § 226-c notice duty; a flat 5% does.
How to count the tier: whichever is longer
This is the part that catches people. Section 226-c(2)(a) says the required notice is based on the cumulative amount of time the tenant has occupied the residence or the length of the tenancy in each lease — whichever is longer. Occupancy and paper are two different clocks, and the statute takes the longer one.
A tenant ten months into a two-year lease has occupied for less than a year, which would suggest 30 days. But the lease term is at least two years, which puts them in the 90-day tier. The longer measure wins, so the answer is 90 days. Counting from the move-in date alone is the single most common way to serve a notice that is three months short.
The Good Cause Eviction notice that has to ride along
Section 226-c no longer travels alone. The statute now requires that the notice append or contain the notice required by § 231-c — the Good Cause Eviction Law notice. That notice has to state whether the unit is or is not subject to Article 6-A, the Good Cause Eviction Law, and if the unit is exempt, why it is exempt.
In practice this means a § 226-c notice that is perfectly correct on days and percentages can still be incomplete if it omits the good-cause disclosure. If you are drafting from a template written before this requirement, it is almost certainly missing.
Rent-stabilized apartments: someone else sets your number
If the unit is rent stabilized, the Rent Guidelines Board decides the maximum increase for renewal leases beginning on or after October 1 each year, and the tenant is entitled to a renewal on the same terms and conditions as the original lease. Landlords may no longer take the 20% "vacancy bonus" on a rent-regulated unit when it turns over, and the related longevity bonus is likewise gone.
Improvements are the narrow exception. A landlord may raise rent for an Individual Apartment Improvement, but only with before-and-after photographs, permanent records, and documentation submitted to the state — and the increase is capped by formula: 1/180th of the cost in buildings with more than 35 apartments, or 1/168th in buildings with 35 or fewer.
What a compliant New York rent increase notice contains
At a minimum: the current rent, the new rent, the effective date, a notice period that satisfies the correct § 226-c tier, and the § 231-c good-cause notice. Serve it in writing and keep proof of when it went out — the notice period runs from delivery, not from the date you typed on it.
If you are also revisiting the lease itself, the deposit, late-fee and disclosure rules moved in the same 2019 overhaul. Our New York lease agreement requirements guide covers the whole set, and the New York required lease disclosures checklist covers what must be handed over at signing.
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Create your New York rent increase notice →Frequently asked questions
How much notice does a New York landlord have to give before raising the rent?
It depends on how long the tenant has been there. Under RPL § 226-c, a rent increase of 5% or more requires at least 30 days’ written notice if the tenant has occupied the unit for less than a year, at least 60 days at more than one but less than two years, and at least 90 days at more than two years. The tier is set by the cumulative occupancy or the lease term, whichever is longer.
Is there a limit on how much rent can go up in New York?
Not for market-rate apartments — a landlord and tenant can agree to any rent. Rent-stabilized units are different: the local Rent Guidelines Board sets the maximum increase for renewal leases each year.
Does the 5% rule include an increase of exactly 5%?
Yes. The statute says "equal to or greater than five percent," so a flat 5% increase triggers the notice requirement. An increase below 5% does not.
Does a rent increase notice have to include anything besides the new rent?
Yes. Section 226-c requires the notice to append or contain the Good Cause Eviction Law notice under § 231-c, which must state whether the unit is subject to Article 6-A and, if it is exempt, why.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.
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