New York Rent Increase Notice, the 30/60/90 Day Tenure-Based Rule

New York landlords raising rent or declining to renew a lease have to give advance written notice under RPL Section 226-c. The required notice period is tenure-based, 30, 60, or 90 days depending on how long the tenant has lived there. The rule was enacted in the Housing Stability and Tenant Protection Act of 2019 (HSTPA) and updated by Good Cause Eviction in the 2024 budget.

This guide walks through the tenure ladder, the 5% threshold that triggers the rule, Good Cause Eviction, NYC-specific rules, and how to serve the notice correctly.

The tenure-based 30/60/90 rule at RPL 226-c

RPL 226-c(2) requires different advance notice based on the length of the tenancy:

• Less than one year, at least 30 days notice.
• One year to less than two years, at least 60 days notice.
• Two years or more (OR a fixed-term lease of two years or more), at least 90 days notice.

The count is calendar days, not business days, and starts when the tenant receives the notice.

The rule applies to:

• Rent increases above the 5% threshold (see below).
• Non-renewal of a lease.
• Termination of a month-to-month tenancy.

The 5% threshold that triggers the rule

RPL 226-c applies when the new rent is more than 5% above the current rent or if the landlord intends to NOT renew. Increases of 5% or less do not trigger the advance-notice requirement under 226-c, though the lease itself may still require notice.

Example: rent is $3,000/month. A new rent of $3,150 (exactly 5% increase) does not trigger 226-c. A new rent of $3,151 or above does.

In practice, most landlords issue 226-c notices for every increase to avoid later argument.

Good Cause Eviction, Part HH of 2024 budget

Part HH of the 2024 New York State budget enacted Good Cause Eviction, which took effect in stages:

• April 20, 2024 for the statutory framework.
• August 18, 2024 for the mandatory per-lease notice form.

Good Cause applies to most market-rate rentals in New York City and any municipality that opts in. Under Good Cause:

• Landlords cannot refuse to renew, or raise rent beyond a local cap, without a statutorily defined "good cause".
• The local cap is CPI + 5%, max 10%.
• Each lease must include a Good Cause notice form explaining the tenant's rights.

Good Cause does NOT apply to:

• Owner-occupied buildings of 10 units or fewer.
• Buildings built in the last 30 years (rolling).
• Rent-stabilized units (already covered by stabilization law).
• Condos and co-ops.
• Subsidized housing.
• High-rent market-rate units (over 245% of fair market rent).

If Good Cause applies to your unit, the 226-c advance-notice rule still applies on top of the Good Cause cap and notice form.

NYC Administrative Code 27-2046.4 and Local Law 44 of 2022

New York City has several layers on top of the state rules. One that often trips up new landlords, NYC Administrative Code Section 27-2046.4 (enacted by Local Law 44 of 2022) requires stove knob covers in units where a child under six lives, with tenant acknowledgment.

An earlier NYC stove-knob requirement lived in Local Law 117 of 2018; Local Law 44 of 2022 supersedes it and codifies the current rule at NYC Admin Code 27-2046.4.

When sending any landlord communication in NYC, consider also:

• Window guards disclosure (required when a child 10 or younger lives there).
• Lead paint disclosure (pre-1960 buildings).
• Bedbug annual report (NYC Admin Code 27-2018.1).
• Recycling notice.

These do not affect the 226-c advance-notice rule but affect the rest of the tenancy.

HSTPA 2019 background

The Housing Stability and Tenant Protection Act of 2019 made several changes that are still in force in 2026:

• 226-c tenure-based notice rule (above).
• GOL 7-108(1-a) security deposit cap at one month's rent.
• GOL 7-108(1-a) security deposit return in 14 days after move-out (down from 30).
• GOL 7-103 security deposit receipt requirement.
• 231-a provision on lease riders.

If you are a New York landlord operating by pre-2019 practices, check all of these, several have changed.

How to serve the notice

RPL 226-c does not prescribe a specific service method, but best practice is:

1. Certified mail to the tenant's address, with return receipt requested.
2. Personal delivery with a witness.
3. Posting only as a last resort and only if the lease authorizes it.

The notice itself must be written and must state:

• The current rent.
• The new rent (if an increase).
• The effective date.
• The tenant name and property address.
• The landlord name and signature.
• For non-renewals, the reason (especially under Good Cause).

For Good Cause units, the mandatory per-lease form adopted August 2024 must also be included.

Where to get a compliant notice

The notice can be written by hand if it includes the elements above. LeaseKit generates a New York rent increase notice for $29 with the 30/60/90 tenure calculation built in and a Good Cause flag if the unit qualifies.

Free blank templates will not calculate the tenure-based period or flag Good Cause eligibility. Those require manual checking.

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This post is informational. New York rent regulation is layered and city-specific (especially NYC rent stabilization). For contested cases, consult a New York-licensed attorney.