📈 Rent Increase Notice
For Non-Stabilized New York Properties
📋 This Form Is For:
Non-stabilized, market-rate apartments in New York
- Properties NOT subject to rent stabilization or rent control
- Properties NOT subject to NYC Good Cause Eviction Law
- Market-rate apartments with no rent increase restrictions
If your property IS rent stabilized: Use the NYC Rent Stabilized Increase Notice instead (different rules apply)
If subject to Good Cause: Rent increases may be limited to 5% or inflation rate (whichever lower)
⚠️ Notice Period Requirements
New York law requires advance notice based on lease type and rental amount:
- Month-to-month: 30 days advance notice (most common)
- Fixed-term lease ending: Notice depends on rent amount and location
- NYC properties over $2,700/month: 90-day notice if tenant lived there 2+ years
- Upstate properties: Generally 30 days notice sufficient
Best practice: Give at least 30-60 days notice regardless of legal minimum
🚨 NYC Good Cause Eviction Law
Applies to buildings: 10+ units built before 1974, OR any size building receiving tax benefits/subsidies
Restriction: Rent increases limited to 5% OR inflation rate plus 5%, whichever is LOWER
Covered tenants: Those paying under $245,000/year household income
Check if covered: Verify building status before setting increase amount
📝 Rent Increase Notice Details
Current Rent Information
Leave blank for month-to-month
New Rent Information
Rent Increase:
Date when new rent begins (must be after proper notice period)
Property Information
Tenant Information
Landlord Information
Additional Information (optional)
While not legally required, explaining the increase can help maintain good landlord-tenant relations
📚 Complete Guide to NY Rent Increases (Non-Stabilized)
Notice Period Requirements
Required notice period depends on several factors:
| Lease Type | NYC (High Rent) | NYC (Standard) | Upstate NY |
|---|---|---|---|
| Month-to-Month | 30 days | 30 days | 30 days |
| Fixed-term renewal (under 1 year tenancy) | 30 days before lease ends | 30 days before lease ends | 30 days before lease ends |
| Fixed-term renewal (1-2 years tenancy) | 60 days before lease ends | 30-60 days before lease ends | 30 days before lease ends |
| Fixed-term renewal (2+ years tenancy, rent >$2,700) | 90 days before lease ends | 60 days before lease ends | 30 days before lease ends |
Best practice: Give 60 days notice regardless of legal minimum to allow tenant time to decide
NYC Good Cause Eviction Law
New law (effective 2024) limits rent increases for certain properties:
🚨 Good Cause Coverage
Covered Buildings:
- 10+ units built before January 1, 1974
- ANY size building receiving tax benefits or subsidies
- Buildings subject to 421-a, J-51, or similar programs
Covered Tenants:
- Household income under $245,000/year
- Not in luxury apartments (defined threshold)
Rent Increase Limit:
- Lesser of: 5% OR (CPI + 5%)
- Example: If CPI is 3%, max increase is 3% + 5% = 8%, but 5% cap applies, so max is 5%
- Typically results in 5% maximum increase
Exceeding Limit:
- Tenant can challenge increase in Housing Court
- Landlord must prove increase justified (major improvements, etc.)
- Court can reduce increase to lawful amount
Calculating Rent Increases
💰 Increase Calculation Examples
Example 1: Non-Good Cause Property
- Current rent: $2,000/month
- Desired increase: 10%
- Calculation: $2,000 × 10% = $200
- New rent: $2,000 + $200 = $2,200/month
- Result: Legal (no cap on market-rate increases)
Example 2: Good Cause Property
- Current rent: $2,000/month
- Desired increase: 10%
- Good Cause limit: 5%
- Maximum allowed: $2,000 × 5% = $100
- New rent: $2,000 + $100 = $2,100/month (max)
- Result: Cannot charge $2,200; tenant can challenge
Example 3: Large Increase
- Current rent: $1,500/month
- Desired increase: 25% ($375)
- New rent: $1,875/month
- Legal? Yes if non-Good Cause, but tenant may choose to move
- Risk: Large increases often cause vacancies
When Can You Increase Rent?
Check Lease Agreement
Review lease for rent increase provisions:
- Fixed-term lease: Can only raise at lease end (renewal) unless lease allows mid-term increases
- Month-to-month: Can raise with proper notice (typically 30 days)
- Lease clause: May specify how much notice required or cap increase amount
Verify Property Status
Confirm property is NOT:
- Rent stabilized or rent controlled
- Subject to NYC Good Cause Eviction Law
- Under Section 8 or other subsidy programs with rent caps
- In municipality with local rent control laws
Research Market Rates
Set increase based on market reality:
- Check comparable apartments in area
- Consider tenant quality and payment history
- Factor in turnover costs (vacancy, cleaning, advertising)
- Balance increase amount with tenant retention
Calculate Notice Period
Determine required advance notice:
- Month-to-month: 30 days minimum
- Fixed-term: 30-90 days before lease ends (depends on factors)
- Best practice: 60 days notice for any increase
Send Written Notice
Provide formal notice to tenant:
- Include current rent, new rent, effective date
- Send via certified mail or personal delivery
- Keep proof of service
- Consider including reason for increase (optional but helpful)
Tenant Response Period
Tenant has options:
- Accept: Agree to new rent and continue tenancy
- Reject: Give notice to vacate by effective date
- Negotiate: Propose different increase amount (you can accept or decline)
Common Mistakes
❌ Top 10 Rent Increase Errors
- Insufficient notice: Gave 15 days notice for month-to-month. Required: 30 days minimum.
- Mid-lease increase: Raised rent during fixed-term lease without provision allowing it. Breach of lease.
- Verbal notice only: Told tenant “rent going up next month.” Must provide written notice.
- Wrong effective date: Notice dated July 15, said effective August 1. Only 16 days notice, need 30.
- Retaliatory increase: Raised rent 30% week after tenant complained to code enforcement. Illegal retaliation.
- Discriminatory increase: Only raised rent for tenants with children. Fair Housing violation.
- Good Cause violation: Raised rent 12% in Good Cause building. Max allowed: 5%. Tenant can challenge.
- No proof of service: Mailed notice but no receipt. Tenant claims never received. Cannot prove service.
- Confusing notice: Said “rent may increase to $X.” Not clear enough – must state definite new amount.
- Too frequent increases: Raised rent every 3 months. Legal but drives tenants away, causes high turnover.
Retaliatory Rent Increases
New York law prohibits retaliation against tenants:
🚨 What Is Retaliation?
Rent increase is presumed retaliatory if occurs within 6 months after tenant:
- Complained to government agency (housing, health, building department)
- Complained to landlord about needed repairs
- Joined tenant organization
- Exercised legal rights (rent reduction petition, court action)
Burden of proof: If tenant shows increase followed protected activity, landlord must prove legitimate, non-retaliatory reason
Consequences: Tenant can sue for damages, rent increase can be invalidated, potential attorney fees
Best practice: Document legitimate business reasons for any increase (property tax increase, insurance costs, market rates, etc.)
Best Practices
✅ Rent Increase Best Practices
- Give extra notice: 60 days instead of 30 allows tenant more time to decide
- Be reasonable: Market-rate increases (5-10%) less likely to cause vacancies
- Explain the increase: Brief note about rising costs helps tenant understand
- Know your tenant: Good tenants worth keeping – consider smaller increase
- Research comparables: Don’t price yourself out of market
- Use certified mail: Proof of delivery protects you legally
- Keep records: Save copy of notice, proof of service, tenant response
- Annual increases: Regular small increases better than large jumps every few years
- Timing matters: Winter increases harder for tenants to move during
- Consider offers: If good tenant counters with slightly lower increase, may be worth accepting
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. While New York does not cap rent increases for non-stabilized market-rate apartments, proper advance notice is legally required. Notice period varies by lease type, location, and tenant duration.
Verify property is NOT rent stabilized before using this form. Rent stabilized apartments have strict RGB-limited increases and different notice requirements. Using this form for stabilized apartment could result in invalid notice and inability to raise rent.
NYC Good Cause Eviction Law may apply to your building. If building has 10+ units built before 1974, or receives tax benefits/subsidies, rent increases may be limited to 5% or inflation (whichever lower). Exceeding this limit can be challenged by tenant in court.
Retaliatory rent increases are illegal. If tenant recently complained to authorities, exercised legal rights, or joined tenant organization, any rent increase within 6 months is presumed retaliatory unless you can prove legitimate business reason.
For questions about whether Good Cause law applies, proper notice periods, or rent increase limits, consult property manager or landlord-tenant attorney experienced with New York housing law. Professional guidance prevents violations and protects your rights.
