Statutory cap, exemptions, and notice rules under N.Y. Unconsol. Law §§ 8621-8634 (Emergency Tenant Protection Act) / N.Y. Mult. Dwell. Law
New York has no single statewide rent cap. Instead, increases are governed locally: under the Emergency Tenant Protection Act, N.Y. Unconsol. Law §§ 8621-8634, individual municipalities choose whether to bring qualifying buildings under rent stabilization. New York City is the largest, where DHCR administers stabilization and the NYC Rent Guidelines Board sets the annual ceiling. For its 2024 cycle the Board allowed 2.75% on a one-year renewal and 5.25% on a two-year renewal for stabilized apartments. Beyond the city, only a handful of localities have opted in.
If your unit is not stabilized, no percentage cap limits the increase, but it is no longer a free-for-all: New York's Good Cause Eviction law (RPL § 226-c, L.2024) now constrains how much rent can rise before a tenant gains a defense to non-renewal in covered areas. The headline takeaway: whether a number applies to you turns entirely on your building's regulatory status and your locality, not on a statewide figure. Average rent statewide is about $1,466, and New York carries an eviction-risk score of 7.3.
Rent stabilization in New York is opt-in at the local level under the Emergency Tenant Protection Act (§§ 8621-8634). The jurisdictions that regulate stabilized rents include:
In these places, qualifying buildings face a Board- or locality-determined annual increase rather than whatever the market will bear. Outside of stabilized units in these municipalities, the ETPA cap does not apply, and landlords look instead to the lease terms and the statewide Good Cause framework where it is in effect.
Coverage is the whole game in New York. The ETPA percentage ceiling reaches stabilized apartments in opted-in localities. Two notable carve-outs keep units out of stabilization entirely:
For New York City stabilized units, the relevant numbers are the Rent Guidelines Board's 2.75% (one-year) and 5.25% (two-year) allowances for the 2024 cycle. A market-rate apartment in the same building gets no such cap. Before signing or sending a renewal, confirm in writing whether the unit is registered as stabilized with DHCR — getting this wrong is the single most common and costly mistake on both sides.
For the large share of New York housing that is market-rate, there is no statewide percentage cap on increases. That does not mean increases are unconstrained. New York's Good Cause Eviction law (RPL § 226-c, L.2024) gives tenants in covered areas a defense against non-renewal when a rent increase is deemed unreasonable, effectively pressuring the size of hikes even where no fixed ceiling exists.
Landlords outside stabilization should still follow lease terms and statutory notice requirements before raising rent, and should track whether their locality and building fall within Good Cause coverage. With statewide average rent near $1,466, the practical ceiling in market-rate New York is set less by a single number than by what counts as a reasonable, defensible increase under the new law.
The most consequential recent change is the 2024 enactment of Good Cause Eviction (RPL § 226-c), which layered a reasonableness standard on top of New York's longstanding stabilization regime. It is why a state once neatly split between "stabilized" and "anything goes" now has a middle category: market-rate units that are nonetheless subject to a Good Cause limit in covered localities.
The stabilization framework itself remains rooted in the Emergency Tenant Protection Act (§§ 8621-8634), the Multiple Dwelling Law, and RPL § 226, with NYC's annual figures reset each year by the Rent Guidelines Board. Crucially, there is no state preemption blocking localities from regulating: NYC runs DHCR-administered stabilization, and other municipalities remain free to opt into the ETPA.
| Rule | Requirement | Source |
|---|---|---|
| Statewide cap | None | N.Y. Unconsol. Law §§ 8621-8634 (Emergency Tenant Protection Act) / N.Y. Mult. Dwell. Law |
| 2025 maximum increase | No limit | |
| Notice required | Typically 30-60 days written notice | State landlord-tenant law |
| Retaliation prohibited | Yes, increases cannot be retaliatory or discriminatory | Federal Fair Housing Act + state law |
Even where a cap applies, the following unit types are typically not covered:
If your unit is exempt, the landlord may raise rent to any market-rate amount with proper notice.
These New York cities currently have or are actively developing rent stabilization ordinances. Caps and covered-unit definitions vary, check your city's municipal code or housing authority for the current allowable increase.
It depends on your unit. There is no statewide cap. If you live in a rent-stabilized apartment in New York City, the 2024 Rent Guidelines Board ceiling was 2.75% for a one-year renewal and 5.25% for a two-year renewal. Stabilized units in Albany, Buffalo, Rensselaer, or Newburgh follow their locality's ETPA determination. Market-rate units have no fixed percentage cap, though Good Cause Eviction may limit unreasonable increases in covered areas.
Yes. New York regulates rent through the Emergency Tenant Protection Act (N.Y. Unconsol. Law §§ 8621-8634), the Multiple Dwelling Law, and RPL § 226. There is no state preemption — New York City operates DHCR-administered rent stabilization, and other municipalities may opt into the ETPA to regulate qualifying buildings.
Only if your apartment is rent-stabilized in a locality that has opted into the ETPA (such as New York City, Albany, Buffalo, Rensselaer, or Newburgh). Two common exemptions remove units from stabilization: luxury deregulation (rent above the deregulation threshold) and owner-occupied buildings with fewer than 6 units. Check whether your unit is registered as stabilized with DHCR to be sure.
Yes. New York requires advance written notice before a rent increase or non-renewal, with the lead time tied to how long you have lived in the unit under RPL § 226-c. Stabilized tenants also receive formal renewal offers reflecting the applicable Rent Guidelines Board or ETPA-determined increase. Confirm your specific notice window before acting on a proposed increase.
This guidance summarizes New York's Emergency Tenant Protection Act (N.Y. Unconsol. Law §§ 8621-8634), the Multiple Dwelling Law, RPL § 226, and the Good Cause Eviction law (RPL § 226-c, L.2024), with New York City stabilized figures drawn from the NYC Rent Guidelines Board's annual determination (2.75% one-year / 5.25% two-year for 2024). Rent regulation in New York is administered by the state Division of Housing and Community Renewal (DHCR). Last reviewed June 2026. This is informational only and not legal advice; consult DHCR or a qualified New York landlord-tenant attorney for your specific situation.
Statutory data sourced from published New York law (N.Y. Unconsol. Law §§ 8621-8634 (Emergency Tenant Protection Act) / N.Y. Mult. Dwell. Law), BLS Consumer Price Index (2024-2025), and state agency publications. Census ACS 2023 5-Year Estimates for average rent. Last updated August 15, 2026. This page is informational only and does not constitute legal advice.
