A rent increase notice arrives. Your rent is going up. You need to decide whether to accept, negotiate, contest, or move.
Before anything else, check whether the landlord followed the rules. New York law sets specific procedural requirements for rent increase notices. A notice that does not follow the rules may not be legally effective. Tenants who receive defective notices have stronger positions in any subsequent dispute.
This walkthrough is for tenants in unregulated (market-rate) apartments. Rent-stabilized tenants have additional protections that are addressed separately at the end.
In this guide
- Step 1: Confirm the rule that applies
- Step 2: Check the notice period
- Step 3: Confirm the notice is in writing
- Step 4: Check that the notice specifies the increase amount
- Step 5: Check whether the increase exceeds 5 percent
- Step 6: Distinguish a rent increase from a renewal at a higher rent
- Step 7: Document everything
- What if the landlord didn't follow the rules?
- What if you have a fixed-term lease ending soon?
- What about rent-stabilized tenants?
- Where to get help
- Frequently Asked Questions
Step 1: Confirm the rule that applies
Under the Housing Stability and Tenant Protection Act of 2019 (Real Property Law § 226-c), landlords of unregulated apartments are required to provide advance written notice before:
— Increasing rent by 5 percent or more. — Refusing to renew an expiring lease.
The notice requirement does not apply to increases of less than 5 percent. It also does not apply to month-to-month tenants in some specific circumstances. But for most rent increases that materially affect your housing decision, the 5 percent threshold triggers the notice rule.
Step 2: Check the notice period
The required notice period depends on how long the tenant has lived in the apartment:
| Length of tenancy | Required notice |
|---|---|
| Less than 1 year | 30 days |
| 1 year to under 2 years | 60 days |
| 2 years or more | 90 days |
The notice period runs backward from the effective date of the rent increase or the date of lease non-renewal. If your rent is increasing on November 1, and you have lived in the apartment for two years, you must have received the notice at least 90 days before — by August 3.
If the notice period is too short, the increase or non-renewal may not be legally effective on the date the landlord specified. The tenant may be entitled to remain at the existing rent until a properly noticed effective date.
Step 3: Confirm the notice is in writing
Verbal notice is not sufficient. The statute requires written notice. Text messages, emails, and physical letters all qualify as written. Phone calls do not.
If the only "notice" you received was a phone call, the legal default is that no notice has been given. You may be entitled to remain at the existing rent.
Step 4: Check that the notice specifies the increase amount
A legally sufficient notice should specify the new rent amount or, in the case of non-renewal, the date by which the tenancy will end. A vague statement that "rent may increase" or "you may need to find another apartment" is not a sufficient notice.
If the notice is vague, you may have grounds to argue it was not legally effective. Contact a tenant legal services organization to evaluate whether the specific notice you received meets the statutory standard.
Step 5: Check whether the increase exceeds 5 percent
The 5 percent threshold is what triggers the notice requirement. An increase of less than 5 percent does not require advance notice — landlords are permitted to raise rent by smaller amounts more flexibly.
To calculate: subtract the current monthly rent from the proposed new monthly rent. Divide the difference by the current rent. Multiply by 100. If the result is 5 or higher, the notice rule applies.
Example: Current rent $2,000. Proposed new rent $2,100. Difference: $100. Divided by $2,000: 0.05. Multiplied by 100: 5 percent. The notice rule applies.
Example: Current rent $2,000. Proposed new rent $2,090. Difference: $90. Divided by $2,000: 0.045. Multiplied by 100: 4.5 percent. The notice rule does not apply (though many landlords give notice anyway out of practice).
Step 6: Distinguish a rent increase from a renewal at a higher rent
A rent increase on an existing lease is different from a non-renewal followed by an offer of a new lease at a higher rent. The notice rules apply to both.
For an existing periodic tenancy (typically month-to-month), the landlord must provide the required notice before increasing the rent.
For a fixed-term lease that is expiring, the landlord must provide the required notice if either (a) refusing to renew, or (b) offering renewal at a rate that represents a 5 percent or greater increase.
The 30/60/90 day notice rule applies to both situations.
Step 7: Document everything
Three documents are worth saving and dating:
— A copy of the notice itself (the letter, email, or text). — Your current lease, with the current rent amount and lease term. — Any records of prior rent payments (bank statements, receipts) showing the current rent has been paid consistently.
If a dispute arises, these documents establish the timeline and amounts in question.
What if the landlord didn't follow the rules?
Several practical consequences may apply.
The increase or non-renewal may not be legally effective on the date the landlord specified. A tenant who continues to pay the existing rent in this circumstance may have grounds to argue against a nonpayment claim.
Improper notice can provide a defense in a nonpayment or holdover proceeding. If the landlord pursues eviction based on nonpayment of an improperly noticed increase, the defective notice can be raised as a defense to that proceeding. The strength of that defense depends on the specific facts and the court's interpretation.
The tenant may have additional time before the increase takes effect. Even if the landlord eventually corrects the notice, the corrected notice must include the full statutory notice period (30/60/90 days). If you have been in the apartment 90 days and the landlord just sent a notice yesterday, the earliest legal effective date is 90 days from yesterday.
Tenants in this situation should contact a tenant legal services organization before taking any action. The specific facts of your situation determine which strategy is best. Legal Aid Society, Legal Services NYC, Met Council on Housing, and the City Bar Legal Referral Service all provide intake for these issues.
What if you have a fixed-term lease ending soon?
A fixed-term lease that runs from, for example, October 1, 2025 through September 30, 2026 ends on its own terms. The landlord is not required to renew it. The landlord IS required to give you advance notice of non-renewal (or of an offered renewal at a higher rate) per the 30/60/90 day rule.
If your lease is ending and you have not received any notice — neither an offer to renew nor a notice of non-renewal — your position depends on the specifics. In the absence of notice, you may have stronger arguments to remain at the existing rent for the period the notice would have covered. Contact a tenant legal services organization to confirm.
What about rent-stabilized tenants?
Rent-stabilized apartments are governed by additional rules that are stronger than the HSTPA notice requirement.
For rent-stabilized tenants:
— The landlord must offer a lease renewal at one of the Rent Guidelines Board's authorized increase rates (currently 0 to 2 percent for one-year, 0 to 4 percent for two-year leases for the 2026-2027 cycle; the final vote happens in late June 2026).
— The landlord cannot refuse to renew except for specific reasons under Rent Stabilization Code.
— The landlord must provide the renewal offer in a specific window (typically 90 to 150 days before lease expiration).
— Defective renewal offers can be contested through DHCR.
If you are rent-stabilized and receive a renewal offer at a rate higher than the RGB-authorized amount, the increase is illegal. You can contest it through DHCR (file a complaint at hcr.ny.gov) or through Housing Court.
If you are unsure whether your apartment is rent-stabilized, see the separate guide to verifying rent stabilization status.
Where to get help
Legal Aid Society, Legal Services NYC, Met Council on Housing, City Bar Legal Referral Service, and JustFix NYC (justfix.nyc) all provide tenant legal services intake. The Right to Counsel NYC Coalition maintains resources at righttocounselnyc.org for tenants facing eviction.
For rent-stabilized inquiries: New York State Division of Housing and Community Renewal at 833-499-0343 or hcr.ny.gov.
Frequently Asked Questions
How much notice must a landlord give before raising my rent? Under the Housing Stability and Tenant Protection Act of 2019, the required notice depends on how long you've lived in the apartment: 30 days if you've been there less than 1 year, 60 days for one year to under two years, and 90 days for two years or more. The notice period runs backward from the effective date of the increase or the date of non-renewal. So if your rent is set to go up on November 1 and you've lived there two years, the landlord must have given you notice at least 90 days before — by August 3. If the notice period is too short, the increase may not be legally effective on the date the landlord specified, and you may be entitled to remain at the existing rent until a properly noticed date.
Does the notice rule apply to every rent increase? No — the advance-notice requirement is triggered only by an increase of 5 percent or more. Smaller increases don't require this notice, so landlords can raise rent by less than 5 percent more flexibly. To check where your increase falls, subtract your current monthly rent from the proposed new rent, divide by the current rent, and multiply by 100. For example, going from $2,000 to $2,100 is a $100 increase, which is exactly 5 percent — the notice rule applies. Going from $2,000 to $2,090 is 4.5 percent, so the rule doesn't apply, though many landlords give notice anyway out of practice.
What makes a rent increase notice defective? Three things commonly make a notice fall short of the statutory standard. First, it must be in writing — text messages, emails, and physical letters all qualify, but a phone call does not; if the only "notice" was verbal, the legal default is that no notice was given. Second, it must specify the new rent amount (or, for a non-renewal, the date the tenancy ends) — a vague statement that "rent may increase" is not sufficient. Third, it must provide the full 30, 60, or 90-day notice period for your length of tenancy. A notice missing any of these may not be legally effective.
What can I do if the landlord didn't follow the notice rules? If the notice was defective, the increase or non-renewal may not be legally effective on the date the landlord specified, and a tenant who keeps paying the existing rent may have grounds to argue against a nonpayment claim. A defective notice can also be raised as a defense in a nonpayment or holdover proceeding. Even if the landlord later corrects the notice, the corrected version must include the full statutory notice period counted from when it was sent. Because the specifics of your situation determine the best strategy, contact a tenant legal services organization before acting — the Legal Aid Society, Legal Services NYC, Met Council on Housing, and the City Bar Legal Referral Service all provide intake.
Sources: New York State Housing Stability and Tenant Protection Act of 2019, Real Property Law § 226-c; New York State Bar Association HSTPA explainer (2019); NYC Rent Guidelines Board guidance at rentguidelinesboard.cityofnewyork.us; New York State Division of Housing and Community Renewal (DHCR) public materials at hcr.ny.gov; Gothamist coverage of NYC tenant rights (May 2026); Legal Aid Society, Legal Services NYC, Met Council on Housing, City Bar Legal Referral Service, and Right to Counsel NYC Coalition intake guidance; JustFix NYC tenant resources at justfix.nyc.
