What if a New York rent increase violates the cap?
An increase above Good Cause Eviction, Part HH of 2024 State Budget's cap is unenforceable. The tenant may continue paying the prior rent or the rent at the cap level. The excess is not legally owed. The tenant may also seek refund of any excess paid plus, in some states, attorney fees and damages. 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. Reporting to the state housing agency (where applicable) is an additional remedy. Most New York small landlords settle quickly when the cap is pointed out.
Source: RPL 226-c (HSTPA 2019)
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.