The three notice windows
Count backward from the date the increase is supposed to start. If the written notice arrived later than the window below, the increase may not be able to take effect on that date.
- Less than 1 year of tenancy → 30 days written notice.
- 1 year to less than 2 years → 60 days written notice.
- 2 years or more → 90 days written notice.
What counts as notice
The statute calls for written notice. A dated letter or email is the usual form. A verbal conversation generally does not satisfy the requirement, and it leaves nothing to point to later.
If notice was short
Under §226-c, when proper notice is not given, the tenant generally may remain at the existing rent until the required notice period has run. Write to the landlord noting the date you received notice and asking to confirm the corrected effective date, and consider getting advice from a licensed attorney.
NYC Rent Guidelines Board rates (Order #58 and recent years)
These caps apply to rent-stabilized apartments only, based on the date your renewal lease begins. Market-rate units have no percentage cap.
| Renewal starts | 1-year | 2-year |
|---|---|---|
| Oct 1, 2026 – Sep 30, 2027 (#58)Current orderAdopted June 25, 2026. A 0% adjustment means the lawful rent charged and paid on Sep 30, 2026 generally carries into the renewal — a renewal notice asking for more than $0 extra appears to exceed Order #58 and is worth verifying. | 0% | 0% |
| Oct 1, 2025 – Sep 30, 2026 (#57)Adopted June 30, 2025. Applies over the lawful rent charged and paid on Sep 30, 2025. | 3% | 4.5% |
| Oct 1, 2024 – Sep 30, 2025 (#56) | 2.75% | 5.25% |
| Oct 1, 2023 – Sep 30, 2024 (#55) | 3% | 2.75% yr 1 / 3.20% yr 2 |
Rates change every June. Verify yours against the official order before relying on it: RGB orders and explanatory statements.
Worked example with real numbers
A $2,400 stabilized rent in Brooklyn, renewing under Order #58
- Start with the current legal regulated rent: $2,400 per month (the rent charged and paid on the date the order measures from).
- Confirm stabilization. Most pre-1974 NYC buildings with 6+ units are covered, as are many receiving 421-a or J-51 benefits. Requesting your NY HCR rent history is the reliable way to confirm it.
- Apply the Order #58 one-year rate (0%): $2,400 × 0.0000 = $0. The renewal rent lands near $2,400.
- For a two-year renewal (0%): about $0 more, so roughly $2,400.
- Compare last cycle: under Order #57 (Oct 1, 2025 – Sep 30, 2026) the same rent would have gone to about $2,472 on a one-year renewal. The date your renewal begins is what picks the rate.
- If the renewal notice says $2,750, that is a $350 jump — about 14.6%. On a stabilized unit that appears to exceed the order in force and is worth verifying against your rent history before paying the difference.
- If the unit is market-rate, there is no percentage ceiling, so the check shifts to notice: 14.6% is over 5%, so the §226-c tiers apply.
The same dollar amount can have two very different answers — which is why confirming stabilization status and your renewal start date matters more than the percentage itself.
The notice tiers that apply either way
Under RPL §226-c the written notice a landlord owes you before an increase above 5% depends on how long you have lived in the unit — not on a flat 30 days.
- Less than 1 year in the unit
- 30 days
- 1 to less than 2 years
- 60 days
- 2 years or more
- 90 days
If the notice was short, the general effect described in §226-c is that the increase cannot take effect until the correct period has run — not that your tenancy ends. Worth raising in writing.
The statutes and orders behind this page
- NY Real Property Law §226-c
Sets the tiered written notice a landlord must give before raising rent more than 5% (or declining to renew): 30 days under 1 year in the unit, 60 days for 1–2 years, 90 days for 2+ years.
- NYC Rent Stabilization Law (Admin. Code §26-501 et seq.)
The law the RGB acts under. It generally covers pre-1974 buildings with six or more units in New York City, plus buildings receiving 421-a or J-51 benefits.
- NYC RGB Apartment/Loft Order #58
The order in force for stabilized renewals commencing Oct 1, 2026 – Sep 30, 2027: 0% on a one-year renewal and 0% on a two-year renewal.
- NY Emergency Tenant Protection Act (ETPA)
Extends stabilization to ETPA municipalities in Nassau, Rockland and Westchester, and explains how to request your official rent history from NY HCR.
- NY Real Property Law §223-b (retaliation)
Treats a rent increase that follows a complaint or a repair request as presumptively retaliatory within a set window, which can be raised as a defense.
- NY HCR rent history request (Form RA-89 / overcharge)
The free official record of every registered rent for a stabilized apartment, and the complaint form used when the registered rent and the rent charged do not line up.
Frequently asked questions
How much notice is required for a rent increase in NYC?
For an increase greater than 5%: 30 days if you have lived there under a year, 60 days for 1–2 years, and 90 days for 2 or more years, under NY RPL §226-c.
Does the notice rule apply to increases under 5%?
The §226-c notice requirement is triggered by increases greater than 5% or by non-renewal. Smaller increases still generally take effect only at renewal.
Can a rent increase be sent by text or email?
The statute requires written notice; email is generally treated as writing while a verbal conversation is not. Keep the dated message either way.