NYC Rent Increase Notice: The 30/60/90-Day Rule

TL;DR — If a New York City landlord plans to renew a residential tenancy with a rent increase of 5% or more, New York Real Property Law § 226-c requires advance written notice. The minimum is 30, 60, or 90 days, based on how long you have occupied the apartment and the length of your lease. If timely notice is missing, the tenancy continues on its existing terms from the date actual written notice is given until the required period expires.

A 5% rent increase is not automatically lawful or unlawful. The first question is whether your landlord gave enough written notice. The next questions are whether your current lease allows an increase, whether the apartment is rent stabilized, and whether New York's Good Cause Eviction Law applies.

This guide explains the notice clock. It does not calculate a rent-stabilized guideline increase or the current Good Cause local rent standard.

The direct answer: how much notice is required?

For a proposed increase of 5% or more above the current rent, use the longest notice period triggered by either your occupancy or your lease term:

| Minimum notice | When it applies | |---|---| | 30 days | You have occupied the unit for less than one year and do not have a lease term of at least one year. | | 60 days | You have occupied the unit for more than one year but less than two years, or your lease term is at least one year but less than two years. | | 90 days | You have occupied the unit for more than two years, or your lease term is at least two years. |

The word or matters. If you have lived in the apartment for only ten months but signed a two-year lease, the two-year lease term puts you in the 90-day lane.

The statute also uses the same notice periods when a landlord does not intend to renew a residential tenancy. This guide stays focused on rent increases.

What the 5% threshold does—and does not do

Real Property Law § 226-c applies when the landlord intends to offer a renewal with an increase equal to or greater than 5% above the current rent. An increase from $3,000 to $3,150 is exactly 5%, so it reaches the threshold.

The threshold creates a notice duty. It is not a general rent cap.

Before deciding whether the proposed amount is permitted, identify the apartment's legal lane:

Current fixed-term lease: NYC Rent Guidelines Board guidance says rent generally cannot be increased while that lease remains in effect.
Rent-stabilized apartment: renewal rights, timing, and allowable adjustments follow separate rent-stabilization rules. Start with the rent-stabilization status check.
Good Cause coverage: some market-rate tenants can challenge an increase above the applicable local rent standard in a court case, subject to coverage rules and exemptions. Use the Good Cause Eviction explainer for that separate analysis, and verify its current figures against the official sources linked there.
Other unregulated apartment: the 5% trigger and 30/60/90-day notice clock still apply, but the notice rule alone does not determine whether another protection limits the amount.

Step 1: Calculate the percentage correctly

Use the current rent as the denominator:

(proposed rent − current rent) ÷ current rent × 100

Example: the rent is $3,000 and the renewal offer is $3,180.

($3,180 − $3,000) ÷ $3,000 × 100 = 6%

That proposed increase reaches the § 226-c notice threshold. Keep concessions and preferential-rent questions separate; if the lease shows more than one rent figure, get legal help before deciding which figure controls.

Step 2: Find the longest occupancy-or-lease lane

Write down:

the date you first occupied the apartment;
the full term of the lease being renewed—not merely the time remaining;
the date you actually received the written notice; and
the proposed effective date of the higher rent.

Then check occupancy and lease length separately. Choose 90 days if either one reaches the 90-day rule. If neither does, choose 60 days if either one reaches the 60-day rule. The 30-day period is the remaining category.

Do not reset your occupancy clock simply because a one-year lease expired and the tenancy continued month to month. The statute measures how long the occupant has occupied the unit as well as the lease term.

Step 3: Preserve the actual notice

Save the complete notice and the evidence showing when it arrived:

the email with its sent date and attachments;
the envelope and postmark for mailed notice;
any delivery receipt; and
the renewal draft showing the proposed rent and effective date.

Do not rely on the date typed at the top of a letter if you received it later. The current statute describes the consequence from the date the landlord gave actual written notice. A dispute about whether a particular delivery method satisfies legal service requirements can be fact-specific, so avoid declaring a text, email, or letter valid or invalid without advice on the actual record.

Step 4: Compare the proposed date with the notice clock

If the full period fits between actual written notice and the proposed effective date, the notice-timing question may be satisfied. You should still check stabilization, Good Cause, lease terms, and any required accompanying disclosure.

If the full period does not fit, § 226-c says the lawful tenancy continues under the existing terms from the date actual written notice is given until the notice period expires. NYC Rent Guidelines Board guidance describes the practical result this way: the tenant may remain at the current rent until written notice is given and the applicable 30-, 60-, or 90-day period expires.

That is a delay, not permission to pay the old rent forever. Do not spend disputed rent money or ignore court papers. If the landlord rejects payment, starts a case, or disputes the effective date, consult a qualified New York tenant attorney or legal-services provider promptly.

A clean written response

Keep the first response factual and avoid promising a date you have not checked:

I received the written renewal notice on [date]. It proposes an increase from $[current rent] to $[proposed rent], which is [percentage]%. I have occupied the apartment since [date], and my lease term is [term]. Based on Real Property Law § 226-c, I believe the applicable minimum notice period is [30/60/90] days. Please confirm the proposed effective date and send any notice required under Real Property Law § 231-c regarding Good Cause Eviction coverage or exemption.

This records the inputs without turning a first email into a threat or an admission.

The Good Cause notice is now part of the packet

The current version of § 226-c says the landlord's notice must append or contain the notice required by Real Property Law § 231-c. That additional notice states whether the unit is subject to the Good Cause Eviction Law and, if exempt, why. For a covered unit, it also addresses the lawful basis for non-renewal and the justification for an increase above the applicable local rent standard when relevant.

Treat a missing or unclear Good Cause disclosure as a reason to get the complete notice reviewed. Do not infer coverage from the rent-increase percentage alone; the law has exemptions and a separately calculated annual standard.

Three examples

Example 1: ten months in a one-year lease

You have occupied the unit for ten months, but the lease term is one year. The lease term triggers 60 days, even though occupancy is under one year.

Example 2: three years in a month-to-month tenancy

The original lease expired, but you have occupied the apartment for three years. Occupancy triggers 90 days.

Example 3: exactly 5%

Your current rent is $2,800 and the proposed rent is $2,940. The $140 increase is exactly 5%, so it reaches the statutory threshold. If you have occupied the unit for 18 months, the minimum notice period is 60 days.

These examples illustrate the calculation only. They do not decide stabilization, Good Cause coverage, service disputes, or the lawfulness of the amount.

Rent increase notice checklist

[ ] Confirm the current and proposed rent.
[ ] Calculate the percentage using the current rent.
[ ] Record your first occupancy date.
[ ] Record the full lease term.
[ ] Save the notice and proof of when it arrived.
[ ] Apply the longest occupancy-or-lease notice lane.
[ ] Check whether a fixed-term lease is still in effect.
[ ] Check whether the apartment is or should be rent stabilized.
[ ] Read the accompanying Good Cause coverage or exemption notice.
[ ] Respond in writing and keep proof of rent payments.
[ ] Get legal help if payment is rejected or a court case begins.

FAQ

Does the rule start above 5%, or at 5%? At 5%. The current statute says an increase “equal to or greater than five percent.”

Does a landlord need to give 90 days' notice whenever I sign a two-year lease? For a renewal offer with an increase of 5% or more, a lease term of at least two years triggers the 90-day notice lane. Occupancy of more than two years also independently triggers it.

Can rent increase during my current lease? NYC Rent Guidelines Board guidance says that if a lease is currently in effect, there can be no rent increase. Review the actual lease and get advice if the landlord claims a mid-term adjustment clause applies.

Does proper notice make any size increase legal? No. Proper timing answers only the notice question. Rent stabilization, Good Cause Eviction, the lease, anti-retaliation law, and other rules may affect the amount or the landlord's options.

What happens when notice is late? The current statute says the tenancy continues under its existing terms from actual written notice until the required period expires. This postpones the change; it does not create a permanent rent freeze.

Does the rule cover month-to-month tenants? Yes. The notice lanes expressly use duration of occupancy as well as lease term, so an occupant can qualify for 60 or 90 days without a current fixed-term lease.

Should I stop paying rent while disputing the increase? No. Keep paying the undisputed current rent on time, preserve proof, and keep any disputed funds available. Seek legal help immediately if payment is rejected or papers are filed.

Where can I get help? NYC's Tenant Helpline is available through 311. For a formal dispute, consult a qualified tenant attorney or legal-services organization.

For negotiation after you verify the notice clock, see the NYC lease-renewal negotiation guide. RentReboot can help you monitor backup options, but it cannot determine your legal rent or replace case-specific advice.

👉 Set up RentReboot alerts while you evaluate a renewal or compare other NYC apartments.

General information, not legal advice. Laws, agency guidance, annual standards, and your apartment's regulatory status can change. Revalidate the official sources and seek advice for your facts.

Sources

Retrieved August 13, 2026.