New York Rent Increase Rules for Landlords

How much you can raise rent in New York depends on which of three rule sets covers the unit. Rent-stabilized apartments can rise only by the Rent Guidelines Board percentage, which is 0% for New York City leases starting October 1, 2026 through September 30, 2027. Units covered by Good Cause Eviction, in New York City and towns that opt in, face a presumed limit of 8.38% in the city for 2026. Every other market-rate unit has no cap, but an increase of 5% or more needs 30, 60, or 90 days' written notice.

Which New York rent rules apply to your unit?

Work through these questions in order. The first one that fits sets your rules.

In New York City, units in buildings with six or more apartments built before 1974 are generally rent stabilized by law, according to the city's housing agency. Newer buildings can be stabilized as a condition of tax benefits such as 421-a or J-51. If you are unsure, request the apartment's rent registration history from New York State Homes and Community Renewal (HCR), the state agency that runs rent regulation. Outside the city, rent stabilization applies only in localities that adopted the Emergency Tenant Protection Act, including parts of Nassau, Westchester, and Rockland counties and the City of Kingston.

Market-rate units: notice under Real Property Law 226-c

New York has no statewide cap on rent for unregulated units. What it does regulate is notice. Under Real Property Law section 226-c, if you plan to renew with an increase of 5% or more, or not renew at all, you must give written notice based on how long the tenant has lived there or the lease length, whichever is longer:

If you give late notice, the current tenancy continues on its existing terms, at the old rent, until the full notice period has run from the date you actually gave notice. A lease cannot waive this rule.

The notice must also state whether the unit is covered by the Good Cause Eviction law and, if you claim an exemption, why. That statement applies even outside New York City, where most units are not covered.

Good Cause Eviction: the presumed limit in NYC and opt-in towns

The Good Cause Eviction law took effect in New York City on April 20, 2024. Other cities, towns, and villages can opt in; as of May 2026, HCR listed 19, including Albany, Rochester, Ithaca, Kingston, New Rochelle, and White Plains.

The limit. An increase above the "local rent standard" is presumed unreasonable. The standard is 5% plus the annual change in the regional Consumer Price Index, capped at 10%. HCR publishes the figures by August 1 each year. Its 2026 notice reports:

• New York City and nearby counties (including Nassau, Suffolk, Westchester, Rockland, Orange, Dutchess, and Putnam): 3.38% CPI, so the standard is 8.38%.
• All other counties: 3.15% CPI, so the standard is 8.15%, where a locality has opted in.

Worked example: a covered Brooklyn tenant pays $2,500 a month. An increase up to 8.38% ($209.50, for a new rent of $2,709.50) is not unreasonable. A higher increase is not banned outright, but if the tenant refuses it, you cannot evict for nonpayment of the excess or for refusing the new lease terms unless you convince a court the increase is reasonable. Under Real Property Law section 216, the court may weigh your increased costs for property taxes, fuel, utilities, insurance, and maintenance, and significant repairs you completed that did not come from deferred maintenance. Painting and cosmetic work do not count.

Who is exempt. Real Property Law section 214 lists the exemptions. The ones most small landlords should check:

• Small landlords. You own no more than 10 units anywhere in New York State, counted across every natural person with an ownership interest in an LLC or other entity. Most opt-in towns set a lower threshold; HCR's list shows one unit for most of them and four in White Plains.
• Owner-occupied buildings with 10 or fewer units.
• Newer buildings. A certificate of occupancy issued on or after January 1, 2009, exempts the building for 30 years.
• High-rent units. Rent above the locality's adopted percentage of HUD's fair market rent for the county and unit size. The default is 245%, including in New York City; HCR's 2026 notice lists 345% for Albany, New Rochelle, and White Plains, and 300% for Kingston. Check HCR's notice for your locality's percentage. In New York City, the fair market rent HCR lists for a two-bedroom is $2,910, so the cutoff is $7,129.50 a month.
• Condos, co-ops, rent-regulated units, and income-restricted affordable units.

Required notice. In New York City, HPD says you must give tenants the Good Cause notice stating whether the unit is covered when you offer a new or renewal lease, raise rent by more than 5%, decline to renew, send a 14-day rent demand, or file an eviction case. For a covered unit, the notice delivered to the tenant must also explain any increase above the local rent standard. If a covered tenant falls behind, see the New York eviction process.

Rent-stabilized units: guideline increases and renewal timing

For a rent-stabilized apartment, the New York City Rent Guidelines Board sets one percentage a year for one-year and two-year leases. The same rate applies to vacancy leases; there is no separate vacancy increase since the 2019 rent law.

The rate is set by the lease start date, not the date you send the offer. A renewal lease starting November 1, 2026 is at 0% even if you offered it in July. Nassau, Westchester, Rockland, and Kingston have their own guidelines boards.

Renewal offers. In New York City, mail or hand-deliver a renewal offer on HCR form RTP-8 no more than 150 and no less than 90 days before the current lease expires. Outside the city, send the ETPA version by certified mail 90 to 120 days before expiration. The tenant chooses a one-year or two-year term and has 60 days to sign and return it, and you must return a fully signed copy within 30 days. The renewal must keep the existing lease terms except for changes required by law.

If you charge a preferential rent below the legal regulated rent, the guideline increase applies to the preferential rent. You can charge the higher legal rent only after that tenant moves out.

You must also register each stabilized unit with HCR every year. The lease rider and other required forms are covered in New York lease disclosures.

Improvement increases for stabilized units

HCR allows two kinds of increases on top of the guideline rate.

Individual apartment improvements (IAIs). Since October 17, 2024, IAI increases are permanent. You must file HCR form RN-19N online with before and after photos. If the tenant is in place, you need their written consent on form RN-19C.

The $30,000 and $50,000 limits apply to total recoverable IAI costs per apartment over 15 years. Costs already used for IAI increases since June 14, 2019 reduce the remaining allowance.

Example: $16,800 of eligible work in a 20-unit building adds $16,800 / 168 = $100 a month.

Major capital improvements (MCIs). Building-wide work such as a new boiler, roof, or windows needs an HCR application and order. You can phase in the approved MCI increase at no more than 2% of the tenant's rent per year, the building must have no outstanding hazardous violations, and the increase comes off the rent after 30 years. MCIs are not available in buildings where 35% or fewer of the units are rent regulated.

HCR can reduce a stabilized rent and freeze increases if you fail to maintain required services, so check New York maintenance and repair obligations before filing for an increase.

Steps before you raise rent in New York

1. Confirm the unit's status: check HCR registration history for stabilization, then the Good Cause exemptions.
2. For a stabilized unit, use the guideline rate in effect on the renewal lease start date. In New York City, mail or hand-deliver form RTP-8 90 to 150 days before the current lease expires. Outside the city, sign and date form RTP-8 ETPA and send it by certified mail 90 to 120 days before expiration.
3. For a Good Cause unit, keep the increase at or below 8.38% in New York City (8.15% upstate opt-in localities), or document the cost increases that justify more and include that justification in the notice delivered to the tenant.
4. For any unregulated unit, send written notice 30, 60, or 90 days ahead for an increase of 5% or more, stating the Good Cause coverage.

For general pricing and notice wording, see how to increase the rent. Landlords with property across the Hudson can compare New Jersey rent increase rules.