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New Yorkยท Answer

What happens if a New York tenant does not pay the increased rent?

Short answer

If the increase notice was valid (correct form, correct advance period, effective on or after the notice's effective date), the higher rent is the legal rent on that date. The tenant who pays only the old amount is short-paying and the landlord may serve a pay-or-quit notice (14 days for pay-or-quit under RPL 711(2), 30-60-90 tenure-based for non-renewal under RPL 226-c) for the deficiency. If the increase notice was defective, the old rent is still the legal rent and the tenant is current. The defectiveness of an increase is a defense to eviction.

Source: RPL 226-c (HSTPA 2019)


Honest limits

This is an informational answer based on RPL 226-c (HSTPA 2019) as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a New York-licensed attorney.

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