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, your landlord can only raise your rent by the percentage set by the Rent Guidelines Board each year. For leases renewing in 2024, the board approved increases of 3% for one-year leases and 4.5% for two-year leases. These percentages change annually and are published before lease renewal season begins.

If you have a market-rate lease (the majority of NYC apartments), your landlord can raise your rent by any amount they choose when your lease ends, as long as they give you proper notice. There is no legal cap on market-rate increases. However, your landlord must follow specific notice rules: they must give you at least 30 days' notice if the increase is 5% or less, and at least 60 days' notice if the increase is more than 5%.

The difference between these two categories matters enormously. Rent-stabilized tenants have predictable, limited increases. Market-rate tenants have no limit on how much their rent can jump when the lease renews.

Key Takeaways

  • Rent-stabilized apartments are capped by the Rent Guidelines Board percentage each year; market-rate apartments have no legal limit on increases.
  • Your landlord must give you 30 days' notice for increases of 5% or less, and 60 days' notice for increases above 5%.
  • If you receive a rent increase notice, you have the right to see your lease and verify the calculation is correct.
  • Some tenants may be protected by other laws, including those over 62 with low income or those in buildings with recent violations.

How to know if your apartment is rent-stabilized

Your lease itself should state whether the apartment is rent-stabilized. Look for language saying "regulated by the Rent Stabilization Law" or mentioning the Rent Guidelines Board. If your lease does not say, you can search the city's Rent Stabilization Database on the Department of Housing Preservation and Development (HPD) website using your address.

Rent-stabilized apartments are typically older buildings (built before 1974) where tenants have lived continuously. If you moved into your apartment before 2019 and have stayed, there is a reasonable chance it is stabilized. However, many older buildings contain both stabilized and market-rate units, so you cannot assume based on the building alone.

If you cannot find your apartment in the database or your lease is unclear, contact the Housing Court Help Center or a tenant rights organization like the Legal Aid Society, which can help you determine your status for free.

What the Rent Guidelines Board percentage means for your rent

The Rent Guidelines Board sets separate percentages for one-year and two-year lease renewals. When your lease is up for renewal, your landlord can increase your rent by exactly that percentage—no more, no less. The board publishes these percentages in June each year, and they take effect on October 1st for most leases.

For example, if your current rent is $1,500 and the board approves a 3% increase, your new rent would be $1,545. If you choose a two-year renewal at 4.5%, your rent would be $1,567.50 for the first year and then increase again in year two by the percentage in effect at that time.

You can find the current and past Rent Guidelines Board percentages on the RGB website. Knowing this number before your lease renewal notice arrives helps you understand whether the increase your landlord proposes is legal.

Notice requirements your landlord must follow

Your landlord cannot straightforward raise your rent without warning. They must send you a written notice before your lease ends. The amount of notice depends on the size of the increase:

  • For increases of 5% or less: at least 30 days' notice before the lease ends
  • For increases of more than 5%: at least 60 days' notice before the lease ends

The notice must include the new rent amount, the date it takes effect, and your right to renew your lease. If your landlord does not give you the required notice, you may have grounds to challenge the increase. Keep copies of any notice your landlord sends you, including the date you received it.

If you receive a notice that does not include all required information, or if the timing seems wrong, contact a tenant rights organization or the Housing Court Help Center to review it.

Protections that may limit increases beyond the standard rules

Some tenants have additional protections that can prevent or delay a rent increase. If you are 62 or older and your household income is below a certain threshold (adjusted yearly), you may be protected under the Senior Citizen Rent Increase Exemption (SCRIE) program. This program can freeze your rent at its current level.

Tenants with disabilities and limited income may also be protected under the Disability Rent Increase Exemption (DRIE) program, which works similarly to SCRIE. To use either program, you must register with the Department of Finance before your lease renewal date.

Additionally, if your building has serious housing code violations that have not been corrected, you may have the right to withhold rent or reduce it. This is separate from rent increase limits but can affect what you owe during a lease renewal period. A tenant rights lawyer or organization can review your building's violation history on the HPD website.

What happens if you disagree with a rent increase

If you believe your rent increase is illegal—for example, if it exceeds the Rent Guidelines Board percentage for a stabilized apartment, or if your landlord did not give proper notice—you can file a complaint with the Housing Court or contact a tenant rights organization for guidance.

For rent-stabilized apartments, the Rent Guidelines Board itself does not handle individual disputes, but the Housing Court does. You can file a case without a lawyer, though having legal representation helps. The Legal Aid Society, Community Service Society, and other nonprofits offer free or low-cost legal help to tenants.

For market-rate apartments, your options are more limited because there is no legal cap on increases. However, if your landlord violated notice requirements or included false information in the increase notice, you may have grounds to challenge it in Housing Court.

Frequently Asked Questions

Can my landlord raise my rent in the middle of my lease?

No. Your landlord cannot raise your rent until your lease ends. Once your lease expires, they can propose a new rent amount for the renewal period, but only if they give you the required notice (30 or 60 days depending on the increase size).

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

Search the HPD Rent Stabilization Database yourself using your address. If your apartment appears in the database, it is stabilized regardless of what your landlord claims. If you cannot find it or the results are unclear, contact the Housing Court Help Center or a legal aid organization to verify your status.

Does the rent increase limit explore if I sign a new lease with a different landlord?

If your apartment is rent-stabilized, the limit applies to any landlord. If your apartment is market-rate, a new landlord can set any rent they choose. The stabilization status of the apartment does not change when ownership changes.

What if I cannot afford the new rent and want to move out?

You can choose not to renew your lease and move. However, if you want to stay and believe the increase is illegal, contact a tenant rights organization before you leave. Some increases can be challenged, and you may have options you are not aware of.

Are there any rent increases that do not require notice?

No. Your landlord must provide written notice of any rent increase before your lease ends, following the 30 or 60-day rule. If they do not, the increase may not be enforceable.