Can my landlord raise my rent without limit in a non-regulated apartment?

What the Law Says

New York law distinguishes sharply between rent-stabilized/regulated apartments and non-regulated (market-rate) apartments. For the latter, there is no statutory cap on rent increases — but strict notice requirements apply depending on tenancy length.

If you live in a non-regulated apartment — meaning your unit is not subject to rent stabilization, rent control, or local rent regulation — your landlord may increase your rent by any amount when your lease expires or during a month-to-month tenancy.

However, the landlord must provide written notice before the increase takes effect. The required notice period depends on how long you’ve lived in the apartment: at least 30 days’ notice if you’ve lived there less than one year; at least 60 days if you’ve lived there 1–2 years; and at least 90 days if you’ve lived there more than two years.

This notice rule comes from New York’s Real Property Law, which applies to all residential tenancies outside of regulated housing.

Statutory Text

Where the term of the tenancy is for one year or less, the landlord shall give the tenant at least thirty days' notice; where the term is for more than one year but less than two years, the landlord shall give the tenant at least sixty days' notice; and where the term is for two years or more, the landlord shall give the tenant at least ninety days' notice.

— Real Property Law § 232-c(1) — Notice of rent increase

Sources