Can Landlords Raise Rent Mid-Lease in New York?
Dealing with rent increases can be stressful for renters in New York. You might wonder what protections you have if your landlord tries to raise your rent before your lease ends. Understanding your rights can help you navigate these situations with confidence and ensure that you're treated fairly under New York State law.
When Can Your Landlord Raise The Rent?
In New York, most leases are legal contracts that clearly state the rental amount and duration. Generally, a landlord cannot raise your rent in the middle of a fixed-term lease. Rent increases are usually only allowed when:
- The lease is expiring and being renewed.
- You have a month-to-month (no fixed term) agreement, and proper written notice is given.
- The lease includes a specific clause allowing rent adjustments and details the circumstances.
If your landlord tries to impose a rent hike before your lease term is up, this is typically not allowed unless both parties agree to amend the contract. For month-to-month renters, landlords must provide advance written notice before increasing rent. The notice period depends on how long you’ve lived in the unit:
- 30 days’ notice if you’ve rented for a year or less
- 60 days’ notice if you’ve rented for 1–2 years
- 90 days’ notice if you’ve rented for more than 2 years
These notice periods are required under New York State Real Property Law § 226-c.[1]
Exceptions: Rent-Regulated Apartments and Lease Clauses
Some apartments in New York are rent-stabilized or rent-controlled. In these cases, special rules apply, and rent increases are often limited and overseen by the New York State Division of Housing and Community Renewal (DHCR).[2]
If your lease contains a clause that specifically allows for a mid-lease rent increase (for example, due to significant tax increases or added amenities), the landlord may have the right to increase the rent as outlined in the agreement. Always read your lease carefully.
Official Forms and How to Use Them
- DHCR Form RA-60: Tenant’s Complaint of Rent Overcharges
Used if you believe your rent was increased illegally—particularly for rent-regulated units.
How to use: Fill out and submit this form to DHCR if your landlord raises your rent improperly or without providing required written notice. For example, if you're a rent-stabilized tenant and your rent is raised beyond legal limits mid-lease, submit the Tenant’s Complaint of Rent Overcharge (RA-60) directly to DHCR.
Get the official DHCR forms here. - Notice of Rent Increase
While there’s no state-mandated form for unregulated apartments, landlords must provide written notice that complies with Real Property Law § 226-c. Keep a record for your protection.
Official complaints related to rent increase disputes are handled by the New York State Division of Housing and Community Renewal (DHCR).
What to Do If You Receive a Mid-Lease Rent Increase Notice
- Check your lease for any clauses about rent increases.
- Make sure your apartment isn’t subject to rent regulation (check with the DHCR).
- Review the written notice for proper notice period and details.
- Contact your landlord in writing if you believe the increase is not allowed.
- File a complaint with the DHCR if you feel your rights are being violated.
If you have additional questions or need support, reach out to DHCR for guidance on your options.
FAQs: New York Rent Increases Mid-Lease
- Can my landlord raise my rent before my lease ends in New York?
No, unless your lease has a specific clause allowing it or both parties agree to the change in writing. - What notice is required for rent increases in New York?
For month-to-month tenants, notice periods range from 30–90 days depending on your tenancy length. - Are there extra protections for rent-regulated apartments?
Yes. Rent increases are tightly regulated, and landlords must follow DHCR rules. Larger increases typically are not allowed mid-lease. - What if my landlord tries to increase my rent illegally?
You can file a complaint with DHCR using the RA-60 form for rent overcharge issues, especially in regulated units. - Who do I contact about problems with my rent in New York?
Contact the New York State DHCR for help on rental and rent increase disputes.
Conclusion: Key Takeaways for Renters
- Landlords in New York generally cannot raise rent mid-lease, except in rare circumstances stated in your lease or if you agree in writing.
- Rent-regulated apartments have extra protections through DHCR, and rent increases are strictly limited.
- If you receive an improper rent increase notice, contact DHCR or consider filing a complaint using official forms.
Understanding your lease and state law is crucial. If you have concerns, keep records and seek help from official state resources.
Need Help? Resources for Renters
- New York State Division of Housing and Community Renewal (DHCR): Rent Regulation Information
- Contact DHCR for rent increase and tenancy questions
- Official DHCR Tenant and Rent Forms
- NYC HPD: Renter Rights and Resources
- New York State Real Property Law § 226-c: Rent Increase Notice
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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