How to Legally Raise Rent in New York in 2026

Raising rent in New York means three different rule sets depending on the unit. Below: the 30/60/90-day notice rules, the Good Cause Eviction caps for covered units, the stabilized vs market-rate distinction, and a sample notice you can adapt.

No state makes rent increases more procedurally complex than New York. The notice period depends on how long the tenant has lived there. The permissible amount depends on whether the unit is stabilized, market-rate, or covered by the Good Cause Eviction law. Give late notice and the tenancy continues on its existing terms until the full notice period has run from the date you actually gave written notice. This guide walks through each scenario.

The notice rules (30/60/90-day based on tenancy length)

New York's general notice requirements for rent increases (and non-renewals) are set under Real Property Law §226-c, which applies statewide to both market-rate and stabilized tenancies. The minimum notice period scales with how long the tenant has occupied the unit or the length of the lease, whichever is longer — a tenant on a one-year lease is owed at least 60 days even in the first year:

These are calendar days, not business days. If you're increasing rent effective February 1, and the tenant has lived there for 18 months, you must deliver the notice by December 3 of the prior year (60 days before February 1). Miss that window and the tenancy continues on its existing terms, old rent included, until the full 60 days have run from the date you actually gave written notice.

The notice period applies to increases of 5% or more. RPL §226-c requires 30/60/90 days' written notice for a renewal increase of 5% or more above the current rent, and for any non-renewal. It sets no notice period for a smaller increase.

Renewals vs. mid-term increases: You cannot raise rent mid-lease on a fixed-term tenancy unless the lease expressly permits it with a specific formula. The notice rules apply to rent at lease renewal or, for month-to-month tenancies, the proper advance notice before the increase takes effect.

For month-to-month tenants, count the notice period backward from the first day of the first rent period in which the new rent will apply. If you want the new rent to apply March 1, for a tenant of more than two years you need at least 90 days' notice — by December 1 or earlier.

GCE caps where applicable

For market-rate units covered by New York's Good Cause Eviction (GCE) law (Real Property Law Article 6-A), rent increases are subject to a reasonableness standard. Which buildings and units are covered, and which are exempt, is defined in Article 6-A itself — check its current text for each building rather than relying on a rule of thumb.

The GCE rent cap formula:

• The cap is the "local rent standard" defined in RPL § 211(8). It is not an absolute ceiling: RPL § 226-c requires a notice that raises a covered unit's rent above it to state the justification for the increase. Check the current figure before issuing a renewal

This cap matters for the following reason: if you offer a renewal at an increase above the GCE threshold, and the tenant refuses the renewal, you cannot simply serve a holdover petition as you could before GCE. The tenant can argue in housing court that your non-renewal (triggered by their refusal of an unaffordable increase) lacked good cause. Courts are still developing this doctrine, but the risk is real.

What GCE does NOT cap:

• Initial rents for new tenants moving into a unit that had a turnover
• Rent increases below the threshold (these are not challenged under GCE)
• Rent in buildings or units exempt from Article 6-A (the exemptions are set out in that law; your § 226-c notice must say why a unit is exempt)

For a full explanation of which buildings are covered and which are exempt, see our guide to Good Cause Eviction for NYC landlords.

Practical guidance: On covered units, calculate the GCE cap before issuing your renewal offer. If your proposed increase is within the cap, provide the notice. If it's above the cap, either reduce the increase to stay within it or consult an attorney before proceeding.

Rent-stabilized vs market-rate

These are fundamentally different regulatory worlds in New York, and confusing them is one of the costlier mistakes a landlord can make.

Rent-stabilized units:

• Governed primarily by the Rent Stabilization Law and Code, administered by the New York State Division of Housing and Community Renewal (DHCR)
• Rent increases at renewal are set annually by the NYC Rent Guidelines Board (RGB) — landlords must use the RGB-approved percentages. For 2025 lease years, the RGB set 1-year increases at 2.75% and 2-year increases at 5.25% (verify current RGB orders)
• Renewal must be offered on the same terms as the prior lease unless you have DHCR approval for a change
• The renewal offer must be made 90 to 150 days before lease expiration using a DHCR-approved renewal form
• You cannot raise rent above the RGB guideline without specific DHCR-approved increases (e.g., individual apartment improvement (IAI) increases, major capital improvement (MCI) increases)
• DHCR audits compliance. Overcharging leads to rent rollback orders and repayment obligations

Market-rate units (not stabilized, not covered by GCE):

• RPL §226-c sets no cap on the amount; an increase of 5% or more needs the 30/60/90-day written notice
• You may offer a different renewal rent, and you may decline to renew — but non-renewal needs the same 30/60/90-day written notice (and is subject to GCE if that law applies)
• Increases are purely a negotiation between you and the tenant

Market-rate units covered by GCE:

• Must comply with the 30/60/90-day advance notice
• Increases above the GCE cap carry the litigation risk described above
• The notice must state that the unit is subject to the good cause eviction law, give the justification for any increase above the local rent standard, and give the lawful basis for any non-renewal (every § 226-c notice, covered or not, must say whether the unit is subject to the law)

How to determine which category a unit falls in:

• Check DHCR's Rent Registration database (accessible through the HCR online portal) to see if the unit is registered as rent stabilized
• If you acquired a building and are unsure, do a DHCR building search — this is not optional
• Buildings with 6+ units built before 1974 are presumptively stabilized unless exempt under specific rules (421-a/Affordable NY, ETPA exemptions, etc.)

For NYC landlords managing stabilized and market-rate units simultaneously, the property management software that handles NYC-specific workflows differs meaningfully from general-purpose tools — stabilization compliance requires DHCR renewal form generation, RGB guideline tracking, and rider management that most national platforms don't handle natively.

What the notice must contain

A rent increase notice in New York must be in writing, and RPL § 226-c prescribes part of its content — the good cause eviction statement in the last item below. The other items are not listed in § 226-c, but leaving them out makes the notice harder to rely on if the tenant challenges it.

What to include for a market-rate or GCE-covered unit:

• Full legal name(s) of all tenants on the lease
• Property address, including unit number
• Current rent amount
• New rent amount
• Effective date of the new rent
• Date the notice is being sent
• Landlord's name, address, and signature (or authorized agent's)
• For every unit: A statement of whether the unit is subject to the good cause eviction law (and, if exempt, why); for a covered unit, the lawful basis for any non-renewal and the justification for any increase above the local rent standard

For rent-stabilized units, the required form is the DHCR Renewal Lease Form (RTP-8 for most circumstances). You cannot use your own notice template — the DHCR form is mandatory.

Sample language for a market-rate notice (adapt with attorney review):

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Date: [Date]

To: [Tenant Full Name(s)] Re: [Property Address, Unit Number]

Dear [Tenant Name]:

This notice is provided pursuant to New York Real Property Law §226-c. Your current monthly rent for the above-referenced unit is $[current amount].

Effective [date at least 30/60/90 days from notice date], your monthly rent will increase to $[new amount].

[Required in every notice: This unit [is / is not] subject to Article 6-A of the Real Property Law, the "good cause eviction law". [If exempt: This unit is exempt because ___.] [If the increase is above the applicable local rent standard: The justification for this increase is ___.]]

Please contact [Landlord name, address, phone] if you have questions.

Sincerely, [Landlord name and signature]

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This is a template — have your attorney review it before use, particularly for GCE-covered or stabilized units.

Delivery and proof

How you deliver the notice matters as much as what's in it. A defectively delivered notice is a defective notice.

Common delivery methods (RPL § 226-c requires written notice but does not itself prescribe a delivery method — confirm with counsel which one your lease and any later court proceeding call for):

• Personal delivery — hand it to the tenant directly, and note the date and circumstances in writing
• Certified mail with return receipt — the gold standard for proof; keep the green card
• Regular first-class mail — acceptable but less provable. If you use this method, add a few days to your notice period calculation since delivery isn't guaranteed on day one
• Substituted service — leaving with a person of suitable age and discretion at the premises plus mailing. This follows the same rules as court process service
• Conspicuous place posting — affixing to the door when personal delivery and substituted service can't be completed, plus mailing

Electronic delivery: Email and text message are generally not sufficient under New York law for rent increase or non-renewal notices unless the lease explicitly provides for electronic notice and the tenant has agreed. Don't rely on email alone.

What to keep:

• A copy of the notice with the date it was sent
• Proof of delivery (certified mail receipt, notarized affidavit of service, or your own contemporaneous written record)
• The envelope with postmark if mailing

If this ever reaches housing court — in a holdover proceeding or a challenge to the increase — you need to be able to prove delivery on a specific date. "I mailed it sometime in November" won't hold up.

When tenants can challenge

Tenants in New York have several avenues to challenge a rent increase or a non-renewal.

For rent-stabilized tenants:

• A tenant who believes a renewal rent exceeds RGB guidelines can file an overcharge complaint with DHCR
• DHCR will investigate and order a rollback if overcharging is confirmed
• Willful overcharges carry a penalty of three times the overcharged amount for each year of overcharge
• Tenants can also challenge the basis of any IAI or MCI rent increase at DHCR

For market-rate tenants under GCE:

• A tenant who receives a non-renewal can raise the absence of good cause as a defense in housing court
• A tenant who believes an offered renewal increase is above the GCE reasonableness standard can argue this in a holdover proceeding if they decline the renewal and face eviction
• Tenants may also have remedies if the landlord fails to maintain services or conditions — check the current rules with counsel

For all tenants:

• Tenants can file a habitability complaint with HPD, which triggers an inspection and potential order to correct conditions
• A landlord who retaliates against a tenant for filing a complaint faces a presumption of retaliation in any subsequent eviction proceeding, which the landlord must rebut

The practical consequence: If a tenant declines your renewal or challenges your increase, the case lands in Housing Court. NYC Housing Court has specialized judges who hear these matters routinely. An improperly documented notice, incorrect delivery method, or above-GCE-cap increase will be scrutinized carefully. Build the record before you send the notice, not after.

FAQ

Can I raise rent on a month-to-month tenant? Yes. For an increase of 5% or more, give at least 30/60/90 days' written notice (based on occupancy or lease term, whichever is longer) before the increase applies.

Do I need to give notice if I'm just renewing at the same rent? No. If the rent is unchanged, RPL §226-c requires no advance notice (rent-stabilized units still follow the DHCR renewal-offer rules above, and it's good practice to provide a renewal lease in advance). The 30/60/90-day notice requirement under RPL §226-c is tied to a renewal increase of 5% or more and to non-renewal.

Can I raise the rent mid-lease? Only if the lease expressly allows it — for example, a clause tying rent to CPI or specifying a mid-term adjustment. Without such a clause, the rent is fixed for the lease term.

My tenant is on a month-to-month and I want to increase by 20%. Is there anything stopping me? The only cap is GCE if the unit is covered. For uncovered market-rate units, 20% is permissible if you give proper advance notice. A 20% increase on a covered unit would likely exceed the GCE reasonableness standard and create litigation risk if the tenant refuses.

What happens if I gave the notice but got the delivery method wrong? If the delivery was defective, you may be unable to prove when — or whether — the tenant received written notice, and under RPL §226-c the tenancy continues on its existing terms until the full notice period has run from the date you actually gave written notice. If you proceed to a holdover proceeding based on a defectively served notice, the tenant can raise the defect as a defense and the case may be dismissed. Re-serve correctly and restart the clock.

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This isn't legal advice. Consult an attorney licensed in your state.