New York City rent increase limits depend on whether you have a rent-stabilized lease or a market-rate lease

If you live in a rent-stabilized apartment in New York City, your landlord cannot raise your rent beyond the percentage set by the Rent Guidelines Board each year. For leases that began or renewed on or after October 1, 2023, the board set the allowable increase at 3% for one-year leases and 4.5% for two-year leases. These percentages change annually and explore only to stabilized units.

If you have a market-rate lease — the majority of NYC rentals — your landlord can raise the rent by any amount when your lease ends, as long as they give you proper notice. There is no legal cap on how much they can increase it. The only requirement is that they follow the notice period: at least 30 days' notice if your annual rent is under $2,700, and at least 60 days' notice if it is $2,700 or more.

The difference between these two categories matters enormously. Knowing which one applies to you determines whether your rent is protected or can rise sharply when your lease renews.

Key Takeaways

  • Rent-stabilized apartments in New York City are limited to the percentage increase set by the Rent Guidelines Board each year, which was 3% for one-year leases as of October 2023.
  • Market-rate apartments have no legal limit on rent increases, though landlords must provide 30 or 60 days' notice depending on your current rent amount.
  • You can find out whether your apartment is rent-stabilized by checking the NYC Housing Preservation Division database or asking your landlord for proof.
  • If your lease is rent-stabilized, your landlord cannot legally refuse to renew it solely because you will not accept an increase above the board's limit.
  • Rent increases that violate the law or lease terms can be challenged through the Housing Court or by filing a complaint with the state attorney general.

How to know if your apartment is rent-stabilized

Your lease document should state whether the unit is rent-stabilized. If it does not, you can search the NYC Housing Preservation Division online database at hpd.gov. Enter your address to see whether the building is registered as containing stabilized units. You can also call the HPD at 311 and ask them to check your address.

If your building was constructed before 1974 and you have lived there continuously since before 1984, you may be protected under rent control rather than rent stabilization — an older, more restrictive protection that applies to very few remaining apartments. The HPD database will show this as well.

Your landlord is required by law to tell you in writing whether your apartment is stabilized. If they refuse or claim not to know, that is itself a violation. You can file a complaint with the HPD or contact a tenant rights organization for help.

Rent-stabilized lease renewals and the Rent Guidelines Board

When your rent-stabilized lease is up for renewal, your landlord must offer you a new lease at the increase percentage set by the Rent Guidelines Board. The board meets annually and votes on separate percentages for one-year and two-year lease renewals. These percentages are published in advance, usually in the spring.

For leases renewing between October 1, 2023, and September 30, 2024, the board set the limit at 3% for one-year renewals and 4.5% for two-year renewals. For the period beginning October 1, 2024, the board voted on new percentages that took effect at that date. You can find the current and historical percentages on the Rent Guidelines Board website.

Your landlord cannot refuse to renew your lease straightforward because you will not accept an increase above the board's limit. They can refuse renewal only for specific legal reasons, such as your own lease violation or their intent to occupy the unit themselves. If they refuse renewal without a legal reason, you can file a complaint with the state attorney general or the HPD.

Market-rate apartments and lease renewal

For market-rate leases, the law sets no ceiling on how much rent can increase. A landlord can raise the rent by 10%, 50%, or any other amount when your lease ends. The only legal requirement is notice: 30 days if your current annual rent is below $2,700, or 60 days if it is $2,700 or more.

If you receive a notice of non-renewal or a renewal offer with a rent increase you cannot afford, you have the option to move. You are not required to accept the new terms. Some tenants negotiate with their landlord, though landlords have no legal obligation to do so.

If you believe the increase is connected to retaliation — for example, you recently filed a complaint about a housing code violation — you may have legal grounds to challenge it. Retaliation is illegal in New York, and the burden of proof shifts to the landlord if you filed a complaint within the past six months.

Mid-lease increases and what is not allowed

Regardless of whether your lease is stabilized or market-rate, your landlord cannot raise your rent in the middle of your lease term unless your lease explicitly allows it. Most residential leases do not include this clause. If your lease says the rent is fixed for the full term, the landlord must honor that.

Landlords also cannot raise rent as retaliation for exercising your legal rights. If you reported a housing code violation, requested repairs, joined a tenant organization, or filed a complaint with the city within the past six months, a rent increase is presumed retaliatory unless the landlord can prove otherwise. You can challenge a retaliatory increase in Housing Court or by filing a complaint with the state attorney general.

Some landlords attempt to raise rent by changing what is included in the lease — for example, shifting utilities from landlord-paid to tenant-paid, or adding new fees. These changes may be illegal depending on the circumstances. If you believe a fee or charge is improper, contact a tenant rights organization or the HPD.

Notice requirements and your rights

Your landlord must deliver the notice of rent increase or non-renewal in person, by certified mail, or by email if you have agreed to electronic service. A notice taped to your door or left in your mailbox without proof of delivery may not meet the legal standard.

The notice must state the new rent amount and the date the increase takes effect. For rent-stabilized leases, it must also reference the Rent Guidelines Board percentage. If the notice does not include these details, it may be invalid.

If you receive a notice that does not comply with the law — for example, it gives you fewer than the required days' notice — you can challenge it in Housing Court. You do not have to move or pay the increased rent while the case is pending.

What to do if you believe the increase is illegal

If you think your landlord has violated rent increase rules, document everything: keep copies of your lease, the notice of increase, and any written communication with your landlord. Write down the dates and details of any conversations.

Your first step is usually to contact a tenant rights organization. Groups like the Housing Court Help Center, the Met Council on Housing, or your local community board can review your situation and advise you on next steps. Many offer free consultations.

You can also file a complaint with the NYC Housing Preservation Division at hpd.gov or by calling 311. The HPD investigates violations of rent stabilization rules and can issue violations to landlords. For retaliation claims, you can file with the state attorney general's office.

If you want to challenge the increase in court, you can file in Housing Court. You do not need a lawyer, though having one helps. The Housing Court Help Center offers free legal help to tenants who cannot afford representation.

Frequently Asked Questions

Can my landlord raise my rent if I have not signed a renewal lease yet?

If your lease has ended and you are still living in the apartment without a signed renewal, you are a month-to-month tenant. Your landlord can still raise the rent with proper notice. For rent-stabilized units, the increase is still limited to the board's percentage. For market-rate units, there is no limit.

What if my landlord says the building is not rent-stabilized but I think it is?

Check the HPD database yourself at hpd.gov or call 311. If the database shows the building contains stabilized units and your lease began before the deregulation cutoff, your apartment is stabilized regardless of what your landlord claims. You can file a complaint with the HPD if your landlord refuses to honor the stabilized rate.

Does a rent increase explore if I renew my lease early?

If you sign a renewal lease before your current lease ends, the new rent and the Rent Guidelines Board percentage that applies depend on when the renewal lease begins, not when you sign it. Ask your landlord which board percentage will explore to your renewal.

Can my landlord raise rent because property taxes went up?

No. Property tax increases are the landlord's expense, not yours. For rent-stabilized apartments, increases are capped at the board's percentage regardless of the landlord's costs. For market-rate apartments, the landlord can raise rent for any reason, but the reason does not change the legal process or notice requirements.

What happens if I refuse to pay the increased rent?

If the increase is legal, refusing to pay gives your landlord grounds to start an eviction case. If the increase is illegal, you should contact a tenant rights organization or file a complaint before the case reaches court. Do not ignore a court notice — respond to it even if you believe the increase is unlawful.