NYC rent increases depend on whether your apartment is rent-stabilized or market-rate
In New York City, the amount a landlord can raise your rent is determined by one of two systems: the Rent Guidelines Board (RGB) sets increases for rent-stabilized apartments, while landlords of market-rate apartments can raise rent by any amount they choose when your lease renews. The RGB announces its approved increase percentages each year, usually in June, and those percentages explore to leases that renew between October and September of the following year. Market-rate tenants have no legal cap on increases, though they can negotiate or move if the raise is too steep.
Most NYC apartments are market-rate, meaning your landlord sets the price. Rent-stabilized apartments are older buildings (built before 1974) or buildings with six or more units where the tenant moved in before a certain date and the rent was below a threshold when they moved in. If you are unsure which type you have, check your lease or contact the Housing Court Help Center at 646-386-5750.
Key Takeaways
- Rent-stabilized tenants receive a capped increase set by the Rent Guidelines Board each year, which for 2024 to 2025 leases ranges from 3 percent to 4.5 percent depending on lease length.
- Market-rate tenants have no legal limit on rent increases and landlords can raise rent by any percentage when the lease renews.
- Landlords cannot raise rent mid-lease unless the lease itself allows it, and they must provide proper notice before the lease ends.
- Rent-stabilized tenants who receive an increase above the RGB guideline or face an illegal lease non-renewal can file a complaint with the Division of Housing and Community Renewal (DHCR).
- Market-rate tenants can negotiate, request a lower increase, or choose not to renew if the raise is unaffordable.
Rent-stabilized apartments: the RGB percentage limits
The Rent Guidelines Board is a nine-member board appointed by the mayor that meets each year to set the legal rent increase for stabilized apartments. The board votes on separate percentages for one-year leases and two-year leases. For leases renewing between October 1, 2024, and September 30, 2025, the RGB approved a 3 percent increase for one-year leases and 4.5 percent for two-year leases. These percentages explore to the base rent only, not to any legal increases for services or utilities.
The RGB's decision is binding on all rent-stabilized apartments in the city. A landlord cannot charge more than the approved percentage, even if the market would support a higher increase. If your landlord raises your rent above the RGB guideline when your lease renews, you can file a complaint with the DHCR within four years of the overcharge. The DHCR will investigate and order the landlord to refund the excess plus interest if the overcharge is confirmed.
The RGB also votes on "high-income deregulation" rules, which allow landlords to deregulate apartments (convert them to market-rate) if the tenant's income exceeds a certain threshold and the rent reaches a deregulation threshold. As of 2024, the income threshold is $193,000 annually and the rent threshold is $3,731 per month. If both thresholds are met, the landlord can deregulate the apartment when the lease ends, and future increases are no longer capped.
Market-rate apartments: no legal cap on increases
Market-rate tenants have no protection from rent increases. When your lease renews, your landlord can raise the rent by 10 percent, 20 percent, or any other amount. There is no requirement that the increase be "reasonable" or tied to inflation or building costs. The only limits are practical ones: if the new rent is too high, you can refuse to renew and move, or you can negotiate with the landlord for a lower increase.
Some market-rate tenants successfully negotiate lower increases by offering to sign a longer lease, paying a higher security deposit, or agreeing to other terms the landlord wants. Landlords sometimes prefer a modest increase and a stable tenant over a large increase and a vacant unit. If you want to negotiate, do it before your lease ends—once you receive a renewal notice with a specific increase, the landlord has already decided on a number.
Market-rate tenants should also know that landlords cannot raise rent mid-lease unless the lease explicitly allows it. If your lease says rent is $2,000 per month for 12 months, the landlord cannot demand $2,200 in month 7. The increase takes effect only when the lease renews.
Notice requirements and lease renewal timing
Landlords must provide written notice before raising your rent at lease renewal. For rent-stabilized apartments, the landlord must give at least 30 days' notice if the increase is within the RGB guideline, or 60 days' notice if the increase exceeds the guideline (which is illegal, but the notice period is still required). For market-rate apartments, the notice period is set by state law: at least 30 days' notice if the lease is one year or less, and at least 60 days' notice if the lease is longer than one year.
The notice must state the new rent amount and the date the increase takes effect. If the landlord does not provide proper notice, the lease may be considered renewed on the same terms, meaning no increase. If you receive a renewal notice with an increase you cannot accept, you have the option to move before the lease ends. Some tenants give their own notice to vacate rather than accept a steep increase.
Illegal increases and what to do about them
Rent-stabilized tenants are protected against certain illegal increases. A landlord cannot raise rent above the RGB guideline, cannot charge for services or utilities that are the landlord's responsibility, and cannot use a lease non-renewal as a way to deregulate the apartment illegally. If your landlord does any of these things, you can file a complaint with the DHCR. The complaint must be filed within four years of the overcharge, and the DHCR will investigate at no cost to you.
Market-rate tenants have fewer protections. A landlord can raise rent by any amount, but cannot do so as retaliation for reporting a code violation, joining a tenant organization, or exercising other legal rights. If you reported a serious repair issue to the city and your landlord then raised your rent dramatically, that may be illegal retaliation. You can file a retaliation complaint with the DHCR, but you must file within one year of the increase and prove the landlord's motive, which is difficult.
If you believe your increase is illegal, contact the Housing Court Help Center or the Met Council on Housing's hotline at 212-979-0611 for guidance on your specific situation. Do not ignore a lease renewal notice—if you do not respond, the landlord may assume you are vacating.
How to learn about your apartment is rent-stabilized
Your lease should state whether the apartment is rent-stabilized. Look for language like "this apartment is subject to the Rent Stabilization Law" or "RGB" (Rent Guidelines Board). If your lease does not say, you can check the DHCR's online database at dhcr.ny.gov by entering your building address. The database shows whether the building is registered as rent-stabilized and how many units are stabilized.
You can also contact the DHCR directly at 718-739-6400 or visit a DHCR office in person. Bring your lease and a recent rent receipt or bank statement showing your rent payment. If the DHCR confirms your apartment is rent-stabilized and your landlord has been charging you above the RGB guideline, you may be owed a refund for overcharges going back four years.
Frequently Asked Questions
Can my landlord raise my rent if I am in the middle of my lease?
No, unless your lease allows it. A lease is a contract, and the rent amount is fixed for the lease term. The landlord can only raise rent when the lease renews. If your lease says rent can increase mid-term under certain conditions, that clause is binding, but most leases do not include this.
What happens if my landlord raises my rent above the RGB guideline?
If you are rent-stabilized, this is illegal. You can file a complaint with the DHCR within four years. The DHCR will order the landlord to refund the overcharge plus interest. You do not have to pay the illegal increase while the complaint is pending, though some tenants choose to pay into an escrow account to avoid eviction.
Can I negotiate a lower rent increase?
For market-rate apartments, yes—you can always try to negotiate before your lease renewal. For rent-stabilized apartments, no—the increase is set by the RGB and the landlord cannot charge less or more. However, you can negotiate other lease terms like length or maintenance.
What is the difference between a lease renewal and a lease non-renewal?
A lease renewal means the landlord offers you a new lease, usually with a rent increase. A lease non-renewal means the landlord does not offer a new lease and you must vacate. For rent-stabilized tenants, a non-renewal must follow specific rules and the landlord must have a legal reason (like owner occupancy or major renovation). For market-rate tenants, the landlord can choose not to renew for any reason.
Where do I report an illegal rent increase?
For rent-stabilized apartments, file a complaint with the DHCR at dhcr.ny.gov or by calling 718-739-6400. For market-rate apartments, contact the Housing Court Help Center at 646-386-5750 or the Met Council on Housing at 212-979-0611 to discuss whether the increase may be retaliatory or otherwise illegal.