New York Rent Increase Notice: 30, 60 or 90 Days Under RPL § 226-c
A New York landlord raising rent 5% or more, or not renewing, must give 30, 60 or 90 days’ written notice depending on how long the tenant has lived there.
By Seayora Editorial Team · Published · Facts checked · 2 min read
Short answer: In New York, a landlord who intends to raise the rent by 5% or more, or not to renew a tenancy, must give the tenant written notice: at least 30 days if the tenant has lived there under a year, 60 days if one to two years, and 90 days if two years or more or on a lease of at least two years. If the landlord gives late notice, the tenancy continues on its existing terms until the full notice period has run from the date notice was actually given. The notice must also say whether the unit is covered by the Good Cause Eviction Law.
Key takeaways
- Under one year: at least 30 days’ notice.
- One to two years, or a lease of one to two years: at least 60 days.
- Two years or more, or a lease of two years or more: at least 90 days.
- Late notice keeps the old rent and terms in place until the notice period expires.
When does a New York landlord have to give notice?
Real Property Law § 226-c requires written notice when a landlord intends to renew a tenancy with a rent increase of 5% or more, or does not intend to renew it at all. The length of notice turns on the tenant’s cumulative occupancy in the unit or the length of the lease, whichever is longer (RPL § 226-c).
| Occupancy or lease term | Minimum notice |
|---|---|
| Less than one year, and no lease of at least one year | 30 days |
| More than one year but less than two, or a lease of one to two years | 60 days |
| More than two years, or a lease of at least two years | 90 days |
What if the landlord gives notice late?
The tenancy continues under its existing terms from the date the landlord gave actual written notice until the required notice period has run, regardless of any lease provision to the contrary. A landlord who gives 30 days’ notice to a three-year tenant cannot charge the new rent until 90 days after the notice.
Does the notice have to mention Good Cause Eviction?
Yes. The notice must state whether the unit is covered by the Good Cause Eviction Law, Article 6-A of the Real Property Law, and if it is exempt, why. In covered units, the size of a rent increase can be limited and non-renewal requires a good cause; see New York’s Good Cause Eviction Law.
Who is not covered?
A cooperative housing corporation does not have to give this notice to a tenant who is a unit owner or shareholder, except for cooperatives subject to certain articles of the Private Housing Finance Law. Rent-stabilized tenants have their own renewal-lease rules and offer windows; see NYC rent stabilization.
Frequently asked questions
How much notice does a New York landlord need to give for a rent increase?
For an increase of 5% or more: 30 days if the tenant has lived there under a year, 60 days for one to two years, and 90 days for two years or more or a lease of two years or more.
Does a rent increase under 5% need notice in New York?
RPL § 226-c applies to increases of 5% or more and to non-renewals. The lease and other laws, such as rent stabilization or Good Cause Eviction, may set their own rules.
What happens if my landlord gives notice too late?
Your tenancy continues on its existing terms until the full notice period has run from the date written notice was actually given.
State-by-state rules
- How much notice does a landlord have to give before raising the rent? — compared across 28 states and the District of Columbia
Sources
- N.Y. Real Property Law § 226-c, Notice of rent increase or non-renewal, New York State Senate
How Seayora helps
Lease renewals: Send renewal offers on the right notice date for each tenant’s length of stay.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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