Who may qualify
A family member (broadly defined, including certain non-traditional family) who has lived in the unit with the tenant as a primary residence for a required period may qualify.
- Generally 2 years of co-residency (1 year for seniors and disabled family).
- The unit must have been the family member's primary residence.
- Notifying the landlord of co-residency in writing can help preserve rights.
How to document co-residency
Keep records that show the succession candidate lived in the unit: driver's license, tax returns, utility bills, voter registration, and other primary-residence indicators.
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
Does a roommate qualify?
Generally no — succession applies to family members as defined by regulation, not to unrelated roommates.
What if the landlord challenges succession?
Courts handle disputes. Consider consulting a tenant attorney early because succession claims are document-heavy.