New York Rent Increase Law – All You Need To Know

by ECL Writer
New York Rent Increase Law

New York is known for its bustling rental market, with a diverse range of apartments and homes available to tenants across the state. However, for many renters, the fear of a sudden and unexpected rent increase can create significant financial stress and uncertainty. That’s why the New York Rent Increase Law was enacted, providing tenants with important protections against unfair rent increases. In this article, Eastcoastlaws.com will explore the ins and outs of the New York Rent Increase Law, including its purpose, the rules and regulations it entails, and what tenants can do if they believe their landlord has violated the law. Whether you are a current renter in New York or are considering moving to the state, understanding the New York Rent Increase Law is crucial for protecting your financial well-being and ensuring that you are treated fairly by your landlord.

NYC Rent Increase Laws

If you live in a rent-stabilized unit, your landlord is already prohibited by law from raising your rent by more than a specific amount. The NYC Rent Guideline Board specifically puts a limit on how much your rent can go up each year. The board established a 3.25 percent increase for one-year lease agreements and a 5% increase for two-year lease agreements in June 2022. Any leases signed between October 2022 and September 2023 will be subject to this. According to the rules, if your monthly rent is $1,000, your lease renewal cannot be more than $1,032.50 for a one-year lease renewal or $1,050.00 for a two-year lease renewal.

But, if you reside in a free-market flat or an apartment that is not subject to rent regulation, your landlord may raise your rent up to the amount it deems to be the fair market worth of your apartment. Given that the rental market in New York City is known for being fairly expensive, it is true that this can be quite expensive. Yet, most landlords won’t increase your rent to the point where it becomes expensive and forces you to relocate because it takes a lot of work to advertise an apartment for new tenants.

For the sake of simplicity and consistency, they will also apply the Rent Guideline Board percentages to their free-market units as the majority of apartment complexes in New York City contain both rent-regulated and free-market flats.

What Is The New Rent Law In New York?

Under month-to-month, one-year, or two-year leases, the landlord is legally permitted to raise your rent after your lease expires. If you reside in a non-regulated or free-market apartment, any rise granted to you is beneficial. To find out if there are any clauses that prevent the landlord from raising your rent, you should study your original lease agreement. At least 60 days before your lease renewal is presented, you must be informed of any rent increases.

RPL-226-C mandates that tenants receive notification of a rent increase of more than 5% when they obtain their lease renewal in accordance with the Housing Stability and Tenant Protection Act of 2019 (HSTPA). In particular, if the tenant has only recently moved into the flat, the landlord is required to provide them 30 days notice of any rent increases over 5% in New York.

In particular, the landlord must give the tenant 30 days’ notice if any New York City rent increase is greater than 5% if the tenant has lived in the apartment for less than a year or has a lease agreement for less than a year. Landlords are required to give renters a 60-day notice if they have lived in the flat for more than a year but less than two years or if their lease has been in effect for at least a year.

Finally, for renters who have lived in the flat for more than two years or have a lease agreement that has been in effect for at least two years, any rental increase over 5% must be disclosed to them 90 days in advance.

How Much Can A Landlord Raise Rent In NY?

Landlord can raise rent in New York State depending on several factors, including whether the apartment is rent-regulated or not, and the lease term. Here are some general guidelines:

  • Rent-regulated apartments: For rent-regulated apartments, rent increases are determined by the Rent Guidelines Board in New York City, or by the Division of Housing and Community Renewal (DHCR) for apartments outside of New York City. These agencies set annual rent increase percentages that landlords can apply to renewals of one-year or two-year leases. The allowable increase can vary from year to year and by region, so it’s important to check the most up-to-date guidelines for your area.
  • Non-rent-regulated apartments: For non-rent-regulated apartments, there are no specific guidelines for rent increases, and landlords can generally increase the rent as much as they want upon lease renewal. However, New York State law requires that landlords provide tenants with at least 30 days’ notice before any rent increase takes effect.

It’s important to note that there may be other rules and regulations that apply to specific types of rental properties in New York State. Additionally, landlords must follow specific legal procedures to increase rent, and tenants have rights and protections against unfair rent increases. If you have questions or concerns about a rent increase in your apartment, it’s a good idea to consult with a knowledgeable attorney or other experts.

Are Rent Increases Negotiable In NY? 

Rent increases are generally not negotiable in New York, as they are typically set by the Rent Guidelines Board or the Division of Housing and Community Renewal for rent-regulated apartments. For non-rent-regulated apartments, landlords can generally increase rent as much as they want upon lease renewal, as long as they follow legal procedures and provide the required notice to tenants.

However, tenants in non-rent-regulated apartments can try to negotiate with their landlords for a lower rent increase, or for a longer lease term with a smaller increase. It may be helpful to do some research on comparable apartments in the area to see if the proposed increase is reasonable and to be prepared to make a case for why a lower increase or longer lease term would be beneficial for both parties. It’s important to approach negotiations in a respectful and professional manner and to be open to finding a mutually beneficial solution.

Is Your Rent Increase Legal? 

To determine if a rent increase is legal in New York, it’s important to consider several factors, including the type of apartment, the length of the lease, and the amount of the increase. Here are some general guidelines:

  • Rent-regulated apartments: For rent-regulated apartments, the allowable rent increase is determined by the Rent Guidelines Board or the Division of Housing and Community Renewal. Landlords must follow these guidelines when increasing rent for renewals of one-year or two-year leases. Tenants in rent-regulated apartments can file a complaint with the appropriate agency if they believe their rent increase is not in compliance with the guidelines.
  • Non-rent-regulated apartments: For non-rent-regulated apartments, landlords can generally increase rent as much as they want upon lease renewal, as long as they provide the required notice to tenants. However, New York State law does require that landlords provide tenants with at least 30 days’ notice before any rent increase takes effect.

What Is Rent Stabilization?

The rent stabilization program in New York City was implemented in 1969 as a result of significant rent increases. Apartments that are rent-stabilized are subject to restrictions on rent increases as well as other tenant safeguards.

For households that are lucky enough to get a stabilized unit, rent stability offers genuine benefits. Particularly in the most expensive neighborhoods, they enjoy longer tenures and less housing instability, according to Matt Murphy, executive director of the New York University Furman Center. But the approach could have a severe impact on the supply and quality of property in the larger rental market.

How Do Rents Increase In Stabilized Apartments?

In the event that your rent is stabilized, it may only be raised in compliance with the Rent Guidelines Board’s rent rules or for a specific reason specified in the Rent Stabilization Law. Major capital improvement (MCI) and individual apartment improvement (IAI) increases are the most frequent justifications for rent increases outside of our annual standards.

What Are Limits To Rent Increases In Rent-Regulated Apartments?

As was previously said, the Rent Guidelines Board of New York City regulates rental increases if you live in a rent-regulated unit. You should get in touch with the NYC Rent Guidelines Board right away for more advice on what to do if you receive your lease renewal and the increase is greater than the specified standard for that year. Remember that there’s a significant probability you’re living in an illegal apartment if your landlord is attempting to raise your rent in an illegal manner.

Furthermore, under the HSTPA of 2019, landlords are severely constrained in how much they can raise the rent on rent-stabilized apartments to pay for large capital renovations. In particular, gains are restricted to 2% over a 30 year period. For structures with 35 units or fewer, amortize at a 12 year rate; for structures with more than 35, amortize at a 12 1/2 year rate.

What Can You Do If Your Rent Is Increased Unexpectedly?

Sudden rent increases can be stressful and annoying. The good news is that you have options for handling a rent increase from your landlord. Negotiating with them is one choice. Ask them why they are increasing the rent and try to come to an understanding.

If you are renting through a property management company, you can get in touch with them directly. In comparison to a private landlord, management may be more willing to cooperate with you. It’s worthwhile to search for other rental homes in your neighborhood. Even if there are no cheaper options right away, it could still be used as leverage when haggling with your current landlord.

Even if bargaining and looking don’t work, tenants still have legal remedies, including complaining about unfair rent increases to their local housing authority or small claims court. The easiest strategy to discover a suitable solution when faced with unexpectedly rising rent payments is typically to take action.

Tips to Avoid Rent Increases In NY

Rent increases can be a concern for many tenants in New York, but there are some strategies you can use to try to avoid them. Here are a few tips:

  • Sign a longer lease: Landlords are often more willing to offer lower rent increases or even no increases at all for tenants who sign longer leases. Consider asking for a lease term of two or three years, rather than the typical one-year lease.
  • Renegotiate the lease: If you’re currently on a one-year lease and facing a rent increase, consider asking your landlord if you can negotiate a longer lease with a smaller rent increase. This can give you more stability and potentially save you money in the long run.
  • Research comparable rents: Do some research on comparable apartments in your area to see if the proposed rent increase is reasonable. If you find that similar apartments are renting for less, you can use this information to negotiate a lower rent increase.
  • Maintain a good relationship with your landlord: If you’re a good tenant and maintain a good relationship with your landlord, they may be more willing to work with you to find a solution that works for both parties.
  • Look for rent-stabilized or rent-controlled apartments: If you’re not currently in a rent-stabilized or rent-controlled apartment, consider looking for one. These types of apartments have rent increase limits set by the Rent Guidelines Board, which can provide more stability and predictability in your housing costs.

It’s important to remember that in New York, landlords must follow specific legal procedures to increase rent, and tenants have rights and protections against unfair rent increases. If you have questions or concerns about a rent increase in your apartment, it’s a good idea to consult with a knowledgeable attorney or other experts.

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