Challenging an Illegal Rent Increase in New York State

Rent Control & Rent Stabilization New York published June 21, 2025 Flag of New York

If you're a renter facing a sudden or unexpected rent hike in New York, it's important to know your rights and the legal steps to fight an illegal rent increase. New York has specific laws and powerful protections—especially for tenants in rent-stabilized or rent-controlled apartments. This guide provides clear steps, official resources, and practical advice for challenging unlawful rent increases in New York State.

Understanding Legal vs. Illegal Rent Increases in New York

Not all rent increases are allowed. In New York, the rules differ for market rate, rent-controlled, and rent-stabilized apartments. Most tenants in New York City are protected under rent regulation laws, but some live in market-rate apartments without strict increase limits.

  • Rent-Stabilized Apartments: Landlords can only increase rent by amounts set each year by the New York City Rent Guidelines Board. Any increase above those rates, or improper charges, is illegal.
  • Rent-Controlled Apartments: Increase calculations are strictly controlled and must follow state formulas.
  • Market-Rate Apartments: Fewer restrictions, but landlords cannot raise rent mid-lease or retaliate illegally.

See the New York Courts rent increase guide for a full explanation of the differences.

Your Rights Under New York Rent Laws

New York's main tenant protection laws are found in the New York State Real Property Law and Tenant Rights Guide. These laws outline when and how rent can be raised, required notice periods, and your rights to dispute illegal increases.

What Makes a Rent Increase "Illegal"?

  • No written notice or improper notice period (See: 30 days for most increases notice requirements).
  • Raising rent above the legal maximum for rent-controlled or rent-stabilized units.
  • Retaliatory or discriminatory increases.
  • Attempting to increase rent during a fixed-term lease unless the lease provides for it.
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How to Challenge an Illegal Rent Increase in New York

If you suspect your rent increase isn't legal, taking prompt and organized action is key. Here's how New York renters can protect their rights:

1. Verify Your Apartment Type and Legal Rent

  • Check if your apartment is rent-stabilized or rent-controlled using the New York State Rent Connect tool.
  • For rent-stabilized apartments, request your "apartment's rent history" from the NYS Division of Housing and Community Renewal (DHCR) to check if the increase is legal.

2. Collect Documentation

  • Save all notices, letters, and communications from your landlord about the rent increase.
  • Keep copies of your lease and past rent payment receipts.

3. Communicate with Your Landlord

  • In some cases, sending your landlord a polite written letter asking for clarification or proof of a legal increase can resolve misunderstandings.
  • State clearly if you believe the increase is illegal and mention the relevant rules (e.g., rent guidelines).

4. File a Complaint with NYS Homes and Community Renewal (HCR)

  • The Division of Housing and Community Renewal (DHCR) is the official agency handling rent disputes in New York. File a complaint if your apartment is rent-regulated.
  • Use the official "Tenant’s Complaint of Rent Overcharge and/or Excess Security Deposit" form (RA-89):
    • Form RA-89: Used by tenants to challenge a rent increase they believe exceeds the legal amount. You can file if you are in a rent-stabilized or rent-controlled apartment and think your landlord is charging too much.
    • Example: You get a notice your rent will rise by 10%, but the latest Rent Guidelines Board order only allows a 3% increase. You fill out RA-89 with supporting documentation, and submit it to DHCR.
    • Access the form and instructions at the official Tenant’s Complaint of Rent Overcharge (RA-89) page.

5. Await Investigation and Possible Hearing

  • DHCR will review your complaint, request evidence from both sides, may order a rent refund, and can set the correct legal rent going forward.
  • Keep checking your mail and email for communications about your case, and respond promptly if needed.

6. Consider Legal Support

  • Get free help from housing organizations or legal aid groups if you need support navigating the process.
  • As a last resort, tenants may bring a case to housing court, but it's usually best to start with DHCR for rent-regulated issues.
Tip: Even if your apartment is not rent-regulated, landlords in New York cannot raise your rent mid-lease or retaliate for making complaints. Know your lease terms and rights.

Official Forms and Where to File

For a detailed step-by-step process, see the official HCR guidance on rent increases and complaints.

Key Laws and Governing Agency

FAQs About Rent Increases in New York

  1. How much notice must my landlord give before raising my rent? In most cases, New York law requires at least 30 days written notice before any rent increase or lease non-renewal, unless your lease states otherwise or you have lived in your unit for more than a year (in which case, longer notice may apply).
  2. What if my landlord raises the rent above the Rent Guidelines Board rates? For rent-stabilized apartments, landlords must follow the annual maximum increases set by the Rent Guidelines Board. Any higher increase is illegal and can be challenged with DHCR using Form RA-89.
  3. Can my landlord raise my rent during my lease? No, in New York State, landlords cannot increase rent during a fixed-term lease unless specifically allowed by your lease agreement.
  4. What if my apartment is not rent-regulated? Market-rate apartments have fewer restrictions, but landlords still must follow lease terms and proper notice rules. Retaliatory or discriminatory increases are illegal regardless of regulation status.
  5. Do I need a lawyer to challenge a rent increase? Not usually. Most renters can file a complaint with DHCR themselves, though legal help can be beneficial for complicated cases or if your case goes to court.

Conclusion: What New York Renters Should Remember

  • Verify your apartment type and check your legal rent before accepting any increase.
  • Act quickly if you believe a rent increase is illegal—gather documentation and use the DHCR complaint process.
  • Use official resources and seek help from tenant support agencies for guidance.

Knowing your legal protections helps you maintain stable and fair housing in New York State.

Need Help? Resources for Renters

  1. New York State Real Property Law Section 226-C
  2. Tenant’s Complaint of Rent Overcharge and/or Excess Security Deposit (RA-89)
  3. NYS Division of Housing and Community Renewal (DHCR)
  4. NYC Rent Guidelines Board
  5. Tenant Rights Guide (DHCR)

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Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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