How must the notice be delivered?

New York sets no required method to serve a market-rate rent-increase notice, so use one you can prove: personal delivery, delivery left at the premises when the tenant is absent, certified mail with a return receipt, or first-class mail. The 226-c notice must be in writing - a verbal increase does not satisfy it. Where Good Cause applies, include the DHCR Good Cause notice with the increase, and keep proof of service either way.

What happens if the tenant doesn't pay the new rent?

After a valid 226-c notice, the tenant either pays the new rent from the effective date or gives notice and moves out. If the tenant stays and pays only the old amount, the shortfall is unpaid rent the landlord can pursue. Where Good Cause applies, the tenant can contest a non-renewal or eviction built on an increase above the local rent standard, and the landlord must justify the increase as reasonable.

Can the tenant refuse the increase?

A market-rate tenant cannot refuse a properly noticed increase and simply keep the old rent - the choice is to pay the new rent or move out at the end of the notice period. But where the 2024 Good Cause Eviction law applies, the tenant can challenge an increase above the local rent standard (the lesser of CPI + 5% or 10%) as presumptively unreasonable, and the landlord then has to justify it. An increase that is retaliatory under RPL 223-b can also be contested.

What are common mistakes that invalidate the notice?

The usual errors are giving less than the RPL 226-c period (30, 60, or 90 days by occupancy) for an increase of 5% or more, treating Good Cause as a statewide cap or ignoring it where it applies, using this market-rate notice on a rent-stabilized unit, raising the rent above the local rent standard on a Good Cause-covered unit without confirming an exemption, timing the increase as retaliation within a year of a protected tenant act (RPL 223-b), and relying on a verbal notice with no proof of service. Any one of these can make the increase unenforceable.

Can a landlord raise rent during a fixed-term New York lease?

Not during the fixed term, unless the lease allows it. On a fixed-term lease the rent is locked for the term, and any increase applies at renewal - which is exactly when RPL 226-c requires the 30-, 60-, or 90-day notice for a 5%-or-more increase or a non-renewal. A month-to-month market-rate tenancy can be raised prospectively with the matching 226-c notice.

How much can rent be raised on a rent-stabilized apartment in NYC?

A rent-stabilized apartment does not use the market-rate notice - its increase is set once a year by the NYC Rent Guidelines Board. Under the current Apartment and Loft Order #57, a stabilized renewal lease commencing between October 1, 2025 and September 30, 2026 may rise by up to 3% on a one-year lease or 4.5% on a two-year lease. Those are ceilings, the tenant chooses the term, and the rent can be raised only once per lease term on a proper DHCR renewal form. A landlord cannot use the free-market notice to exceed the guideline.

What is the Good Cause rent increase limit in New York?

In New York City and opt-in localities, the Good Cause Eviction law makes an annual increase above the local rent standard presumptively unreasonable. The standard is the lesser of 10% or the regional Consumer Price Index plus 5%. For 2025, DHCR's CPI of 3.79% set the New York City local rent standard at 8.79% (3.79% + 5%). It is a rebuttable presumption, not a hard cap - a landlord can charge more but must justify the increase as reasonable if the tenant contests it. The CPI changes yearly, so confirm the current figure with DHCR.

How often can a landlord raise rent in New York?

On a market-rate unit there is no numeric limit on frequency, but rent cannot change mid-lease - a fixed-term lease locks the rent until renewal, and a month-to-month tenancy can be raised prospectively only with the matching 30-, 60-, or 90-day RPL 226-c notice for any increase of 5% or more, which spaces increases out. A rent-stabilized apartment can be raised once per renewal term at the guideline rate, and a Good Cause-covered unit is measured annually. In practice, the answer is usually once per lease term or once a year.

Does the security deposit go up when the rent goes up in New York?

Only up to the statewide cap. Under General Obligations Law 7-108, no security deposit or advance may exceed one month's rent for any residential tenancy. So when a higher rent takes effect on renewal, a landlord may collect additional deposit only up to that one-month ceiling - the pre-2019 practice of two or three months' deposit is no longer legal. The deposit must be returned within 14 days of move-out with an itemized statement of any deductions.

Can a landlord charge a late fee when rent increases in New York?

Yes, but the cap does not move with the rent. Real Property Law 238-a bars any late fee unless the rent is more than five days late, and caps the fee at $50 or 5% of the monthly rent, whichever is less. For any rent of $1,000 or more the late fee is fixed at $50. A rent increase does not raise that ceiling, and a late-fee clause that charges more is unenforceable.

How do I know if Good Cause Eviction applies to my apartment?

Good Cause applies automatically in New York City and only in the towns and villages that opt in by local law - Albany, Ithaca, Kingston, Poughkeepsie, Beacon, Newburgh, Nyack, Hudson, New Paltz, Catskill, Croton-on-Hudson, and Binghamton among them, with others following - so check the current local law where the property sits. Even in a covered place, the law exempts landlords who own 10 or fewer units, owner-occupied buildings of 10 or fewer units, new construction with a certificate of occupancy on or after January 1, 2009 (for 30 years), high-rent units over 245% of fair market rent, and co-op, condo, or already-regulated units. The RPL 226-c notice on a covered unit must state whether the unit is covered or exempt.

What is the difference between rent-stabilized and market-rate increases in New York?

A market-rate unit has no cap on the amount - the landlord sets the new rent and only has to give the RPL 226-c notice (and respect Good Cause where it applies). A rent-stabilized unit is different: its increase is capped each year by a rent guidelines board, can be raised only once per renewal term on a DHCR renewal-lease form, and is challengeable as an overcharge if it exceeds the guideline. The market-rate notice on this page is only for genuinely unregulated units - using it on a stabilized apartment is a serious mistake.

How can a tenant challenge a rent increase in New York?

A tenant has several paths. If the landlord gave less than the RPL 226-c notice period, the tenancy continues at the old rent until the full period runs. In a Good Cause-covered unit, the tenant can contest an increase above the local rent standard as presumptively unreasonable. An increase within a year of a habitability complaint or tenants'-union activity is presumed retaliatory under RPL 223-b. A rent-stabilized tenant can file a DHCR overcharge complaint, which can order a refund and treble damages for a willful overcharge. And any increase aimed at a protected class violates fair-housing law.

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Free New York Rent Increase Notice

▶ Watch overview

This is the statewide New York notice for a market-rate tenancy. New York has no statewide rent cap, but RPL §226-c sets a graduated notice: to raise the rent by 5% or more (or not renew) you must give 30, 60, or 90 days’ written notice based on how long the tenant has lived there. In New York City and opt-in localities the 2024 Good Cause Eviction law adds a rent-increase standard on top. Rent-stabilized units are separate. Generate a clean notice below.

30 / 60 / 90-day (RPL 226-c) RPL 226-c / 223-b New York Free PDF

Updated Q2 2026 By Tenant Screening Background Check Editorial Team Reviewed for New York ~7 min read

This New York Rent Increase Notice is the statewide notice for a market-rate (non-regulated) residential tenancy – distinct from a rent-stabilized or rent-controlled unit, where the Rent Guidelines Board sets the increase. New York sets no statewide cap on a market-rate increase, but RPL §226-c requires graduated written notice – 30, 60, or 90 days depending on the tenant’s length of occupancy – whenever you raise the rent by 5% or more or decline to renew. In New York City and the localities that have opted in, the 2024 Good Cause Eviction law adds a rent-increase standard, and RPL §223-b bars a retaliatory increase. Our how to raise rent guide covers the timing, and the tenant screening laws by state hub helps you place reliable tenants in the first place.

New York Rent Increase at a Glance

Statute

RPL 226-c / 223-b

Statewide rent cap

None (market-rate)

Notice (5%+ / non-renewal)

30 / 60 / 90 days (226-c)

Retaliation bar

Yes (223-b, 1-yr)

New York note: New York has no statewide rent cap on a market-rate unit. The statewide rule is the RPL §226-c graduated notice: to raise the rent by 5% or more, or to decline to renew, give at least 30 days’ written notice if the tenant has lived there under a year, 60 days for one to two years, and 90 days for two years or more. The 2024 Good Cause Eviction law is an opt-in overlay, not a statewide cap – it applies automatically in New York City and in localities (Albany, Ithaca, Kingston, Poughkeepsie, Beacon and others) that opt in, where an increase above the local rent standard (the lesser of CPI + 5% or 10%) is presumptively unreasonable and a tenant can contest a non-renewal. Rent-stabilized and rent-controlled units follow a separate Rent Guidelines Board regime, and RPL §223-b bars a retaliatory increase.

New York rent-increase rules at a glance

New York does not cap rent on a market-rate unit, but RPL §226-c sets a graduated notice. For an increase of 5% or more (or a non-renewal), give at least 30 days’ written notice if the tenant has occupied the unit under a year, 60 days for one to two years, and 90 days for two years or more; an increase under 5% has no §226-c notice trigger, though the lease still controls. In New York City and opt-in localities the 2024 Good Cause Eviction law lets a tenant challenge an increase above the local rent standard (the lesser of CPI + 5% or 10%) unless the unit is exempt (small or owner-occupied buildings of 10 or fewer units, post-2009 new construction for 30 years, high-rent units over 245% of fair market rent, or already-regulated units). RPL §223-b bars a retaliatory increase within a year of a protected tenant act. Rent-stabilized units follow the separate Rent Guidelines Board increases.

How to Serve the New York Rent Increase Notice

New York Playbook

Determine the required notice period

Confirm the unit type and the notice tier. This statewide notice is for a market-rate tenancy – a rent-stabilized or rent-controlled unit follows the Rent Guidelines Board, not this form. For a market-rate increase of 5% or more, RPL §226-c scales the notice to occupancy: 30 days under a year, 60 days for one to two years, 90 days for two years or more.

Calculate the increase

Calculate the increase and check whether Good Cause applies. In New York City and opt-in localities the 2024 Good Cause Eviction law treats an increase above the local rent standard – the lesser of CPI + 5% or 10% – as presumptively unreasonable unless the unit is exempt, so confirm coverage before setting a large jump.

Prepare the written notice

Prepare the written notice. State the current rent, the new rent, the percentage increase, and the effective date. A 5%-or-more increase or a non-renewal must be in writing under RPL §226-c, and where Good Cause applies, include the required DHCR Good Cause notice.

Serve the notice

Serve the notice. New York fixes no special service method for a market-rate rent-increase notice, so deliver it by a method you can prove – personal delivery, delivery at the premises, certified mail with a return receipt, or first-class mail – and allow added days for receipt when you mail it.

Document and follow up

Keep a signed, dated copy and proof of service. If the tenant disputes the increase – or contests it under Good Cause – that record shows the §226-c notice period was met, the timing was clean, and the increase was not retaliatory under RPL §223-b.

Generate the New York Notice

Complete the fields below to generate a New York rent increase notice. The new rent and effective date must give the tenant the full statutory notice period. Service should comply with applicable New York law; retain proof of service.

Set the effective date correctly

Count the full RPL §226-c period from when the tenant receives the notice: at least 30 days if the tenant has occupied the unit under a year, 60 days for one to two years, and 90 days for two years or more, for any increase of 5% or more or a non-renewal. The new rent should take effect only after that period runs – if the landlord gives the notice late, the tenancy continues on the existing terms until the notice period expires. Allow added days for receipt when you mail the notice, and follow any longer period the lease sets.

1. Parties & Property

From (Landlord / Property Manager)

Landlord / Property Manager name

Landlord address (street, city, state, ZIP)

Phone

To (Tenant)

Tenant full name(s)

Property address (street, unit, city, state, ZIP)

Tenancy start date

Notice tier (occupancy / lease)

2. Rent Change Details

Current monthly rent ($)

New monthly rent ($)

Increase per month ($)

Increase percentage (%)

Effective date of new rent

Enter current and new rent to see the calculated increase.

3. Notice Details

Notice date (date served)

Unit coverage

Service method used (per applicable New York law)

Personal delivery to the tenant Delivery left at the premises (tenant absent) Certified mail with return receipt U.S. mail (first class)

4. Signature

Signing party print name

Title (if applicable)

About This New York Notice

A New York rent increase notice is the written notice a landlord gives to raise the rent on a residential tenancy. This is the statewide notice for a market-rate, non-regulated unit, and it is important to start by drawing two lines. First, a rent-stabilized or rent-controlled apartment is not covered here: those units take their increases from the local Rent Guidelines Board, on a separate track this market-rate notice does not touch. Second, New York City has its own dense layer of rules; this page is the statewide market-rate notice, and a landlord in the five boroughs should read it alongside the city-specific guidance. With those lines drawn, the headline for market-rate units is simple: New York has no statewide cap on how much the rent can go up. What the law regulates is the notice you must give before a meaningful increase takes effect, and, in some places, whether an unusually large increase can be challenged.

The statewide rule is Real Property Law §226-c, the graduated-notice statute added by the 2019 Housing Stability and Tenant Protection Act. Whenever a landlord intends to renew a tenancy with a rent increase equal to or greater than 5% above the current rent, or does not intend to renew the tenancy at all, the landlord must give advance written notice, and the length of that notice scales with how long the tenant has lived in the unit. If the tenant has occupied the unit for less than one year and has no lease term of at least a year, the notice is at least thirty days. If the tenant has occupied the unit for more than one year but less than two years, or has a lease of at least one but less than two years, the notice is at least sixty days. If the tenant has occupied the unit for two years or more, or has a lease of two years or more, the notice is at least ninety days. The statute has teeth: if the landlord fails to give timely notice, the tenant’s lawful tenancy continues on the existing terms from the date actual written notice is finally given until the notice period has run, regardless of what a lease says. An increase of less than 5% on a market-rate unit does not trigger the §226-c notice, but the lease or month-to-month terms still govern when and how the change takes effect.

On top of the notice rule sits the 2024 Good Cause Eviction law (Real Property Law Article 6-A), and it is essential not to mistake it for a statewide cap. Good Cause is an opt-in overlay. It applies automatically in New York City, and elsewhere only in the cities, towns, and villages that adopt it by local law – among them Albany, Ithaca, Kingston, Poughkeepsie, Beacon, Newburgh, Nyack, Hudson, New Paltz, Catskill, Croton-on-Hudson, and Binghamton. Where it applies, the law sets a local rent standard equal to the lesser of the inflation index, defined as the regional Consumer Price Index plus 5%, or 10%. An increase above that standard is presumptively unreasonable: it does not forbid the increase outright, but it gives the tenant the right to contest a non-renewal or eviction premised on the unpaid excess, and it puts the burden on the landlord to justify the increase as reasonable. Many units are exempt. The law does not reach a landlord who owns ten or fewer units, an owner-occupied building of ten or fewer units, new construction with a certificate of occupancy issued on or after January 1, 2009 (exempt for a rolling thirty years), units already regulated or subsidized under any local, state, or federal program, co-op and condominium units, or high-rent units renting for more than 245 percent of the applicable fair market rent. So even inside a Good Cause locality, a landlord must check coverage before assuming the standard applies, and outside those localities the only constraint on the amount is the marketplace.

Two further limits apply everywhere in the state. An increase cannot be retaliatory: Real Property Law §223-b bars a landlord from substantially altering the terms of a tenancy – including by an unreasonable increase or a refusal to renew – in response to a tenant’s good-faith complaint about habitability or a code violation