Free New York Non-Renewal Notice (Rent-Stabilized)
New York rent-stabilized non-renewal notice under Rent Stab Code §§2524.4 and 2524.5. Non-renewal is permitted only on the limited grounds in owner or family use, non-primary residence, and not-for-profit institutional use under §2524.4 (no DHCR order); market withdrawal and demolition under §2524.5 (DHCR approval required). Without a permitted ground, tenant has statutory right to renewal.
⚠ Which regime governs your unit — read this before serving
This page is built to the Rent Stabilization Code (9 NYCRR Part 2524), which governs rent-stabilized units in New York City. Two other regimes look similar and are not:
- Stabilized units outside New York City run on the Emergency Tenant Protection Regulations, 9 NYCRR Part 2504. The differences are operative, not cosmetic. Owner or immediate-family occupancy needs a DHCR order before you may commence a court proceeding (§2504.4(a)(4)), where the New York City equivalent needs none. The renewal-offer window is 90 to 120 days (§2503.5(a)), not 90 to 150, and service must be by certified mail. The not-for-profit and PHFL-rehabilitation grounds have no counterpart there, and the ETPA carries a catch-all ground the Rent Stabilization Code does not. Do not serve a notice built from this page outside New York City.
- Rent-controlled tenancies are a third regime entirely (9 NYCRR Parts 2204 in New York City, 2104 elsewhere). A rent-controlled tenant is a statutory tenant with no renewal lease, so non-renewal is not the right instrument at all.
ETPA coverage is decided municipality by municipality — any city under one million, town or village may declare or end the emergency — so it is not fixed by county and it can change. Confirm your unit status with NYS Homes and Community Renewal (DHCR) before serving anything.
Free New York Non-Renewal Notice (Rent-Stabilized) — overview
⚠ Rent-Stabilized Non-Renewal — Limited Statutory Grounds
A landlord may NOT refuse to renew a rent-stabilized lease except on specific grounds enumerated in NY Rent Stabilization Code §§2524.4 and 2524.5. §2524.4 (no DHCR order needed): (a) owner or immediate family personal use as a primary residence in New York City; (b) a not-for-profit institution requiring the unit for its charitable or educational purposes; (c) the unit is not occupied by the tenant as a primary residence. §2524.5 (DHCR approval required in advance): withdrawal of the unit from the rental market, or demolition of the entire building. The eviction itself must always be authorised by a court (§2524.1(c)). Without a permitted ground and required DHCR approval, the tenant has a statutory right to renewal.
A New York Non-Renewal Notice (Rent-Stabilized) is a New York rent-stabilized non-renewal notice under Rent Stabilization Code §§2524.4 and 2524.5. Non-renewal of a rent-stabilized lease is permitted ONLY on limited statutory grounds, and whether DHCR approval is needed depends on which of those two sections the ground sits in.
Complete the Termination Notice
Complete the form below to generate a New York Non-Renewal Notice (Rent-Stabilized). The notice must clearly identify: (a) the parties, (b) the rental property, (c) the termination date, (d) the statutory or contractual basis for termination, and (e) the consequence (tenant must vacate by the termination date). Improperly drafted or untimely notices can be challenged and may delay any subsequent eviction action.
⚠ Termination vs. Eviction
A termination notice ENDS the tenancy on the stated date — the tenant is expected to move out by then. If the tenant DOES NOT vacate after a proper termination notice, the landlord must file an eviction (holdover) action in court — the landlord cannot self-help. This notice does NOT authorize the landlord to remove the tenant; only a court order can do that. Lock-changes, utility shutoffs, and removing tenant belongings without a court order are illegal in every state.
1. Landlord / Agent Information
2. Tenant & Rental Property
3. Termination Date
NY Rent Stabilization Code §2524.2(c) sets the notice windows, and only §2524.5 grounds require DHCR approval. Specific notice windows apply. DHCR approval is required in advance only for §2524.5 grounds. Count carefully — the clock typically starts the day AFTER service. Some states require the termination date to align with the rent period (e.g., end of a month for monthly tenancies).
4. Basis for Termination
⚠ Rent-Stabilized Non-Renewal — Limited Statutory Grounds
A landlord may NOT refuse to renew a rent-stabilized lease except on specific grounds enumerated in NY Rent Stabilization Code §§2524.4 and 2524.5. Most non-renewals require DHCR approval in advance. §2524.4 (no DHCR order needed): (a) owner or immediate family personal use as a primary residence in New York City; (b) a not-for-profit institution requiring the unit for its charitable or educational purposes; (c) the unit is not occupied by the tenant as a primary residence. §2524.5 (DHCR approval required in advance): withdrawal of the unit from the rental market, or demolition of the entire building. Without a permitted ground (and required DHCR approval where applicable), the tenant has a statutory right to renewal.
5. Method of Service
6. Landlord / Agent Signature
About the New York Non-Renewal Notice (Rent-Stabilized)
Rent-stabilized tenants in New York have a statutory RIGHT to renewal of their lease under the Rent Stabilization Code §2523.5. The landlord MUST offer a renewal lease at one or two-year terms at the Rent Guidelines Board (RGB) prescribed rent increase, UNLESS the landlord has a permitted ground under §§2524.4 and 2524.5 to refuse renewal. The permitted grounds are: (a) the owner or a member of the owner’s immediate family in good faith seeks to recover the unit for personal use; (b) the owner seeks in good faith to withdraw the unit from the rental market; (c) the owner seeks in good faith to demolish the building or substantially alter the unit; (d) the owner seeks in good faith to convert the unit to non-residential use; (e) certain other limited grounds. Most non-renewal grounds require DHCR APPROVAL IN ADVANCE — serving a non-renewal notice without the required DHCR approval is invalid. The notice must specify the ground and (where applicable) attach the DHCR approval. Procedurally, the notice must be served within specific windows (typically 90-150 days before lease expiration). Rent-stabilized tenants have access to substantial procedural protections in Housing Court, and bad-faith non-renewal claims (e.g., owner-use claims where the owner does not actually move in) can result in significant tenant remedies.
New York Notice Framework
- Statutory right to renewal under RSC §2523.5
- Non-renewal permitted ONLY on §2524.4 or §2524.5 grounds
- Owner or immediate family use (§2524.4(a)) – no DHCR order
- Unit not occupied by the tenant as a primary residence (§2524.4(c)) – no DHCR order
- Not-for-profit charitable or educational use (§2524.4(b)) – no DHCR order
- Withdrawal from the rental market (§2524.5(a)(1)) – DHCR approval required
- Demolition of the entire building (§2524.5(a)(2)) – DHCR approval required
- Only §2524.5 grounds need DHCR approval in advance
If Tenant Does NOT Vacate by the Termination Date
If the tenant does not vacate by the non-renewal date, the landlord must file a holdover proceeding in NYC Housing Court (or appropriate court) under RPAPL Article 7. Rent-stabilized tenants have substantial defenses available: (1) absence of permitted §§2524.4 and 2524.5 ground; (2) lack of required DHCR approval; (3) bad faith (e.g., owner-use claims where owner does not actually move in); (4) improper notice or service; (5) retaliation. Bad-faith non-renewal can trigger significant tenant remedies including rent abatement, attorney fees, and (in some cases) reinstatement of tenancy. Housing Court is highly tenant-protective for rent-stabilized tenancies. CONSULT a NY landlord-tenant attorney before serving any rent-stabilized non-renewal notice.
Common Mistakes That Defeat Termination Notices
- Treating rent-stabilized tenant as having free-market rules (statutory right to renewal exists)
- Serving non-renewal without DHCR approval (when required)
- Citing a ground not enumerated in §2524.4 or §2524.5
- Bad-faith owner-use claims (no genuine intent to occupy)
- Notice served outside the proper window (typically 90-150 days)
- Failing to attach DHCR approval to the notice
Best Practices
- Calculate the notice period carefully. Count from the day AFTER service to the termination date. Most states count calendar days; some require the termination date to align with the end of a rent period.
- State the termination date clearly. Use a specific date, not just “X days from service” – that creates ambiguity.
- Cite the statutory basis. Don’t just say “tenancy is terminated”; cite the specific statute or lease provision that authorizes the termination.
- Use trackable delivery. Certified mail with return receipt is the gold standard. Personal service with a witness is also strong.
- No self-help. If the tenant does not vacate, file an eviction (holdover) action in court. Do NOT change locks, shut off utilities, or remove belongings – these are illegal in every state.
- Check anti-retaliation protections. Termination notices served shortly after a tenant complaint, repair request, or assertion of legal rights may trigger anti-retaliation defenses.
- Check local rent control. Many cities (NYC, LA, SF, Berkeley, Portland, others) restrict no-cause termination of certain tenancies. Verify before serving.
Related Resources
- New york landlord tenant laws
- New york habitability laws
- New york security deposit laws
- New york eviction notice laws
- New york late fee laws
- Landlord forms
Frequently Asked Questions
Am I required to offer my rent-stabilized tenant a renewal lease?
Yes, unless a specific statutory ground for refusing applies. Rent Stabilization Code § 2523.5(a) requires every owner, on a form prescribed or approved by DHCR, to notify the tenant named in the expiring lease not more than 150 days and not less than 90 days before the lease term ends, by mail or personal delivery, and to offer renewal at the legal regulated rent permitted for that renewal and otherwise on the same terms and conditions as the expiring lease. The owner must give the tenant 60 days from service to accept. The renewal rent is capped by the Rent Guidelines Board order matching the new term’s commencement date.
Which section of the Rent Stabilization Code actually lets me refuse to renew?
Two sections carry the refusal grounds, and neither is § 2524.3. Section 2524.4 is titled “Grounds for refusal to renew lease … without order of the DHCR” and lists occupancy by the owner or a member of the owner’s immediate family, recovery by a not-for-profit institution, and non-primary residence. Section 2524.5 lists the grounds that require DHCR approval: withdrawal from the rental market, demolition, and rehabilitation under the housing finance statutes it names. Section 2524.3 is a separate provision covering eviction for wrongful acts of the tenant — nuisance, illegal use, violating a substantial obligation of the tenancy.
Do I need DHCR approval before I refuse to renew?
It turns entirely on which ground you use, and getting it wrong voids the notice. The § 2524.4 grounds — owner or immediate-family occupancy, not-for-profit institutional use, and non-primary residence — proceed without an order of DHCR, so you serve the notice and, if the tenant remains, bring a proceeding in court. The § 2524.5 grounds are the reverse: that section requires the owner to file an application with DHCR on the prescribed form for authorization to commence a proceeding, and for withdrawal from the rental market DHCR decides only after a hearing.
How far ahead of the lease expiring must I serve the non-renewal notice?
Rent Stabilization Code § 2524.2(c)(3) requires a notice under § 2524.4(a) or § 2524.5(a) to be served at least 90 and not more than 150 days before the lease term expires — the same outer window as a renewal offer, so the decision has to be made well before the lease runs out. The not-for-profit institutional ground runs on a different clock: § 2524.2(c)(4) requires a § 2524.4(b) notice at least 120 and not more than 150 days before expiration, accompanied by a DHCR-prescribed form advising the tenant of the penalties for failing to use the unit as claimed.
What must the non-renewal notice actually say?
Rent Stabilization Code § 2524.2(b) requires every notice to vacate or surrender possession to state three things: the ground under § 2524.3 or § 2524.4 on which the owner relies, “the facts necessary to establish the existence of such ground,” and the date the tenant is required to surrender possession. Naming a ground without pleading the supporting facts is the most common way these notices fail. Section 2524.2(d) adds that a notice served under that section replaces any shorter termination period your lease or rental agreement may provide.
Can I refuse to renew so that I or my family can live in the apartment?
Rent Stabilization Code § 2524.4(a)(1) permits it where there is an immediate and compelling necessity for the owner’s personal use and occupancy as a primary residence in the City of New York, or for an immediate family member’s. Section 2524.4(a)(3) limits an owner to recovering one rent-stabilized or rent-controlled unit. Section 2524.4(a)(2) removes the ground altogether where the tenant or the tenant’s spouse is sixty-two or older, has been a tenant in the building fifteen years or more, or has a qualifying permanent impairment, unless the owner provides an equivalent or superior accommodation at the same or lower regulated rent in a closely proximate area.
What happens if I recover the unit for personal use and then do not use it that way?
Section 2524.4(a)(5) attaches a building-wide penalty. Where the owner fails to use the housing accommodation for the purpose intended after the tenant vacates, or to continue in occupancy for a period of three years, the owner may forfeit the right to any increases in the legal regulated rent in the building containing that unit for three years. The forfeiture can be avoided by offering the former tenant re-occupancy on the same terms and conditions that existed when they vacated, or by establishing to DHCR’s satisfaction that circumstances changed afterwards and prevented the intended use.
Do these limits apply to my free-market New York apartments?
No, and treating a free-market unit as stabilized, or the reverse, is the error most likely to sink a notice. Sections 2524.4 and 2524.5 restrict refusal to renew only for housing accommodations subject to the Rent Stabilization Code. An unregulated New York apartment carries no § 2523.5 renewal-offer duty, no Rent Guidelines Board rate cap, and no DHCR-approval requirement, and its notice periods come from the Real Property Law instead. Confirm the unit’s regulatory status and DHCR registration before you choose which notice to serve.
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. For NY rent-stabilized resources, visit NY DHCR. NYC tenants: NYC HPD. Consult a qualified New York landlord-tenant attorney before serving a termination notice, especially in jurisdictions with rent control or just-cause eviction protections.
