Free New York City Rent Increase Notice (Rent-Stabilized)

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Free New York City Rent Increase Notice (Rent-Stabilized) — overview

A New York City Rent Increase Notice (Rent-Stabilized) is a written notice of rent increase for a NYC rent-stabilized tenancy. The increase must follow the current Rent Guidelines Board annual order, and the renewal offer must be served 90-150 days before lease expiration under Rent Stab Code §2523.5.

Complete the Rent Increase Notice (Rent-Stabilized)

Complete the form below to generate a New York City Rent Increase Notice (Rent-Stabilized). The notice must include the current rent, the new rent amount, the effective date, and the legal basis for the increase. Improperly drafted or untimely notices can be challenged — the tenant may continue paying the old rent until a proper notice is served and the statutory period passes.

About the New York City Rent Increase Notice (Rent-Stabilized)

NYC rent-stabilized rent increases are tightly regulated. Section §2522.5 of the Rent Stabilization Code establishes the maximum legal rent for any stabilized unit, calculated from the original base rent plus all subsequent RGB-permitted increases. Section §2523.5 requires the landlord to offer a lease renewal at least 90 days, but no more than 150 days, before the existing lease expires. The renewal must offer both a 1-year and 2-year term at the percentages set by the current Rent Guidelines Board (RGB) annual order – RGB sets two percentages each year, one for 1-year renewals and one for 2-year renewals. Increases above the RGB percentage are NOT permitted – tenants can file rent overcharge complaints with DHCR, which can result in TREBLE DAMAGES plus reasonable attorney fees if the overcharge is willful. Major Capital Improvement (MCI) and Individual Apartment Improvement (IAI) increases follow separate rules and require DHCR approval in some cases. Vacancy increases are also tightly regulated. Always verify the current RGB order percentages and any apartment-specific rent history (available from DHCR) before serving this notice.

New York City Notice Framework

• Statute: NY Rent Stabilization Code §2522.5 (max legal rent) + §2523.5 (renewal)
• Renewal offer: 90-150 days before lease expiration
• RGB annual order sets percentages for 1-year and 2-year renewals
• Increases above RGB = rent overcharge (treble damages + attorney fees if willful)
• MCI / IAI increases: separate rules; DHCR approval required in some cases
• Tenants can request rent history from DHCR to verify legal rent

Common Mistakes That Get Rent-Increase Notices Challenged

• Using a percentage above the current RGB order (rent overcharge – treble damages)
• Serving the renewal offer outside the 90-150 day window
• Failing to offer BOTH 1-year and 2-year renewal terms
• Confusing free-market and rent-stabilized procedures
• Improper MCI/IAI calculation (separate DHCR rules apply)
• Failing to track the apartment’s legal rent history correctly

If Tenant Refuses to Pay the New Rent

If the rent-stabilized tenant refuses to pay the new rent, the landlord may serve a rent-demand notice (RPAPL §711) and file a nonpayment proceeding in NYC Housing Court. However, the tenant may defend on grounds that the increase exceeded RGB, the notice was procedurally improper, or the renewal offer was outside the 90-150 day window. The tenant may also file a rent overcharge complaint with DHCR (potentially triggering treble damages and attorney fees). NYC Housing Court strictly enforces Rent Stabilization Code procedure. CONSULT a NY landlord-tenant attorney experienced with rent-stabilized housing before initiating any action.

Best Practices

• Provide written notice. Verbal notice of rent increase is rarely enforceable and easy for the tenant to dispute.
• Calculate the notice period carefully. Count from the day after service to the new rent’s effective date. Most states count calendar days.
• Document the basis. Cite the lease provision, statutory authority, or RGB order specifically.
• Use trackable delivery. Certified mail with return receipt is the gold standard – it establishes both delivery and date.
• Check local rent control. Many cities have rent-control or rent-stabilization rules that override state defaults (NYC, LA, SF, Oakland, Berkeley, Portland, others).
• Check statutory caps. CA AB 1482 caps annual increases at 5% + CPI (max 10%). OR, WA, NJ, MN, and various cities have additional caps.

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