What rent control exemptions apply in New York?

Where New York has a statewide or local rent cap, the statute typically exempts several categories: newer construction (usually buildings less than 15 years old, sometimes "rolling" 15-year window), single-family homes owned by individual landlords (often with disclosure requirement), affordable housing already regulated under separate program, owner-occupied buildings of 2 to 4 units, and units already covered by a different rent stabilization program. The exemptions are statute-specific and frequently litigated. A landlord claiming an exemption usually must give the tenant a written notice of the exemption status (form prescribed by statute) at lease signing or before the increase. 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.

Source: RPL 226-c (HSTPA 2019)