US-New YorkWhat notice must a landlord give before raising rent in New York?
In New York, landlords must give written notice before raising rent: 30 days for month-to-month tenants in most areas, but 90 days if the increase is 5% or more — and longer notice (up to 180 days) may apply in rent-stabilized units or NYC apartments covered by the Rent Stabilization Law.
What the Law Says
New York law sets different notice requirements depending on the type of tenancy, location, and size of the rent increase. The most common rules apply to month-to-month tenancies outside of rent-regulated housing, but stricter rules apply in New York City and for rent-stabilized apartments.
For most month-to-month tenancies outside of New York City and outside of rent regulation, landlords must give at least 30 days’ written notice before raising rent — unless a longer period is required by local law or lease agreement.
If the rent increase is 5% or more within a 12-month period, New York State law requires 90 days’ written notice for month-to-month tenants — regardless of location — under the Housing Stability and Tenant Protection Act of 2019.
For rent-stabilized apartments in New York City, landlords must give 90 to 180 days’ notice before a rent increase takes effect, depending on how long the tenant has lived there: 90 days for tenants residing 1–2 years, 120 days for 2–3 years, and 180 days for 3+ years — as required by the Rent Stabilization Law and Code.
No rent increase can take effect during a fixed-term lease unless the lease explicitly allows it. Once the lease expires and becomes month-to-month, the notice rules above apply.
Statutory TextWhere the tenancy is from month to month, the landlord shall give the tenant not less than thirty days’ notice in writing prior to the expiration of any monthly period to terminate or change the terms of the tenancy.
— Real Property Law § 232-c — Notice to terminate or change month-to-month tenancy
Statutory TextWhere the amount of the proposed increase in the rent exceeds five percent, the landlord shall give the tenant not less than ninety days’ notice in writing prior to the expiration of any monthly period.
— Real Property Law § 232-c(1)(b) — Notice for ≥5% increase
Statutory TextThe owner shall give written notice to the tenant… not less than 90 days, 120 days or 180 days prior to the expiration of the tenant’s lease term or the expiration of the month-to-month tenancy, as applicable.
— Rent Stabilization Code § 2520.13(a) — Notice for rent-stabilized apartments
What to Do
Check whether your apartment is rent-stabilized (call NY State Homes and Community Renewal at 1-833-466-3411 or check online at hcr.ny.gov/rent-regulation-search).
Review your lease: if it’s a fixed-term lease, rent cannot be raised until it ends — unless the lease says otherwise.
If month-to-month, confirm the size of the proposed increase: if ≥5%, you’re entitled to 90 days’ written notice; if rent-stabilized, verify notice length based on your years of occupancy.
Keep all written notices — if notice is too short or not in writing, the increase may be unenforceable.
If you believe the notice is invalid, contact a legal services provider (e.g., Legal Services NYC or Housing Court Answers) before paying the higher rent.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.