What if my rent increase is illegal in New York?
You generally do not owe the unlawful portion. Save the notice, respond in writing citing New York's 30-day rule, and contact a local tenant-rights or legal-aid organization.
Step-by-step answer
- Step 1
Four steps to take today
1) Save the notice, the envelope, and any text or email. 2) Calculate the percent change. 3) Compare to New York's 30-day notice rule. 4) Send a short written reply keeping the record clean. Our free dispute-letter tool can draft the letter for you.
- Step 2
When to get help
If your landlord threatens eviction, files a court case, or refuses to accept the current rent, contact a legal-aid clinic in New York the same day. Most offer free advice for renters below certain income levels.
You generally do not owe the unlawful portion. Save the notice, respond in writing citing New York's 30-day rule, and contact a local tenant-rights or legal-aid organization.
The numbers that decide it
- Stabilized 1-year renewal
- 0%
- RGB Apartment/Loft Order #58, renewals commencing Oct 1, 2026 – Sep 30, 2027 (adopted June 25, 2026)
- Stabilized 2-year renewal
- 0%
- Same Order #58 — a freeze on both lease lengths
- Prior year (Order #57)
- 3% / 4.5%
- One-year / two-year renewals commencing Oct 1, 2025 – Sep 30, 2026
- Market-rate cap
- None
- No percentage ceiling — the check is notice, lease terms, and retaliation
- Notice for an increase over 5%
- 30 / 60 / 90 days
- Under 1 year / 1–2 years / 2+ years in the unit (RPL §226-c)
Figures change — verify against the official source before relying on them.
Worked example
Worked example: $2,400 rent in Brooklyn
- Start with the current legal rent: $2,400 per month.
- Find out whether the unit is rent-stabilized. Most pre-1974 NYC buildings with 6 or more units are. Requesting your rent history from NY HCR is the reliable way to confirm it.
- If stabilized, apply Order #58 for renewals commencing Oct 1, 2026 – Sep 30, 2027: the one-year adjustment is 0%, so $2,400 × 0.00 = $0 and the renewal rent generally stays at $2,400.
- The two-year adjustment under the same order is also 0%, so a two-year renewal generally stays at $2,400 as well. For comparison, the prior Order #57 allowed 3% ($72, to about $2,472) on one year and 4.5% ($108, to about $2,508) on two years.
- If the notice says $2,750, that is a $350 jump — about 14.6%. On a stabilized unit that appears to exceed the Rent Guidelines Board rate and is worth verifying against the current Order.
- If the unit is market-rate, there is no percentage ceiling, so the check shifts to notice: a 14.6% increase is over 5%, so §226-c notice timing (30, 60, or 90 days depending on how long you have lived there) applies.
Same dollar amount, two very different answers — which is why confirming stabilization status first matters more than the percentage itself.
Where these rules come from
- NY Real Property Law §226-c
Sets the 30 / 60 / 90-day advance written notice a landlord must give before an increase over 5%, based on how long you have lived there.
- NYC RGB Apartment/Loft Order #58
The order in force for stabilized renewals commencing Oct 1, 2026 – Sep 30, 2027: 0% on both one-year and two-year renewals.
- NYC RGB Apartment/Loft Order #57
The prior order, for renewals commencing Oct 1, 2025 – Sep 30, 2026: 3% on one year and 4.5% on two years.
- NYC Rent Stabilization Law (Admin. Code §26-501 et seq.)
The law the Rent Guidelines Board acts under. It generally covers pre-1974 New York City buildings with six or more units.
- NY Real Property Law §223-b (retaliation)
Treats an increase that closely follows a complaint or repair request as presumptively retaliatory within a set window, which can be raised as a defense.
- NY HCR rent history request (Form RA-89)
The free official record of every registered rent for a stabilized apartment, plus the overcharge complaint form.
- NY Emergency Tenant Protection Act (ETPA)
Explains which units are rent-stabilized statewide and how to request your official rent history from HCR.
Check your specific situation
Where do you rent?
Free legal help in New York
Walk through three quick steps to find the right tenant-rights program for your situation.
State listings sourced from the federal Legal Services Corporation (LSC) grantee directory. Educational information, not legal advice or endorsement.
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