Are utilities considered part of rent in New York?

It depends on the lease. If the New York lease bundles utilities into the monthly rent (one combined number, paid to the landlord), they are part of rent for purposes of the rent cap, the deposit cap, and rent increase notice. If the lease separates them (tenant pays the utility company directly, or pays a separate utility allowance to the landlord), they are usually NOT part of rent. New York uses a tenure-based notice ladder at RPL 226-c: 30 days for tenancies under 1 year, 60 days for 1-2 years, 90 days for 2+ years. Only triggers if the increase exceeds 5% or the landlord does not renew. Good Cause Eviction (Part HH 2024) caps increases at CPI + 5% or 10% max in NYC and opt-in municipalities, with exemptions for small owner-occupied buildings and new construction. A landlord who shifts utilities from "included" to "tenant pays" mid-tenancy without proper notice is effectively raising rent and must comply with the rent increase notice rules. Some New York jurisdictions also require RUBS (ratio utility billing system) or sub-metering disclosures before splitting utilities. The key question: does the change increase the tenant's net monthly out-of-pocket cost? If yes, treat it as a rent increase.

Source: RPL 226-c (HSTPA 2019)