Landlord Lease Renewal Rules in New York

Renters in New York often wonder if their landlord can choose not to renew a lease once it ends. Navigating lease renewals can feel stressful, especially if you’re worried about being asked to move out. New York State law offers important protections, but your rights and your landlord’s responsibilities will depend on the type of tenancy, your building, and local rules.

Understanding Lease Renewals in New York

When your lease is about to expire, New York law makes a crucial distinction between market-rate (non-regulated) and rent stabilized apartments. The rules, notice periods, and renters’ rights differ, so it’s important to know which applies to you.

1. Market-Rate (Non-Regulated) Units

For most privately owned apartments that are not subject to rent-stabilization or special regulatory programs:

• Landlords are generally not required to renew a lease once it expires.
• They must not refuse renewal for a discriminatory reason (such as race, disability, family status) or as retaliation for a tenant exercising legal rights.
• Proper written notice must be given before ending a tenancy, based on how long you have lived there:
  • 1 year or less: At least 30 days’ written notice
  • 1–2 years: At least 60 days’ written notice
  • 2 years or more: At least 90 days’ written notice
  See: New York Real Property Law Section 226-c.

2. Rent Stabilized Apartments

In contrast, if you live in a rent stabilized apartment (commonly found in NYC and some parts of the state):

• Landlords must offer renewal leases in writing on the same terms and conditions as the current lease, typically for 1- or 2-year periods.
• This renewal offer must be presented between 90 and 150 days before your current lease ends.
• Exceptions are very limited—for example, if the landlord can prove they require the unit for personal or immediate family use, or if the tenant persistently violates the lease.

Get details on rent stabilization from the New York State Homes and Community Renewal (NYSHCR) rent stabilization resource.

Key Tenant Protections and Prohibited Reasons for Non-Renewal

Regardless of apartment type, landlords cannot refuse to renew a lease for reasons prohibited by law. This includes:

• Discrimination based on race, national origin, disability, family status, gender, religion, age, sexual orientation, or source of income (New York State Human Rights Law).
• Retaliation for complaining about repairs, reporting violations, or organizing with other tenants.

If you suspect discrimination or retaliation, consider contacting the New York State Division of Human Rights (DHR).

Required Forms and Where to Find Them

• DHCR Renewal Lease Form (Form RTP-8): For rent stabilized apartments, this is the official form landlords must use to offer renewals.
  Learn more and download from the official New York State HCR page.
  Example: If your rent stabilized lease ends August 31, your landlord should give you Form RTP-8 between April and May.

Renters in market-rate units do not have a specific renewal form, but all non-renewals require proper written notice as outlined above.

Official Tribunal & Enforcement

The New York City Housing Court (or local city/town housing courts elsewhere in the state) hears disputes involving lease termination, eviction, and tenant rights.

If you believe your non-renewal notice is illegal or violates your rights, gather your documents and speak with a legal aid group or contact the court clerk for guidance. Deadlines are short—act quickly!

Steps to Take If Your Lease Renewal Is Denied

If your landlord refuses to renew your lease and you suspect unlawful reasons, or if you live in a rent stabilized unit and no renewal is offered, take the following steps:

• Request written clarification from your landlord about their reason for non-renewal.
• Collect all related documents (leases, notices, correspondence).
• File a complaint with NYSHCR (for rent stabilized units) or NYS Division of Human Rights (for discrimination or retaliation claims).
• Consult free or low-cost tenant legal services (see resources below).

Acting quickly increases your options. Detailed records and prompt complaints are key in defending your rights.

Frequently Asked Questions

1. Do landlords in New York have to give a reason for not renewing my lease?
   No, in most market-rate units, landlords aren't required to give a reason unless their refusal amounts to discrimination or retaliation, in which case it is illegal.
2. How much notice does a landlord have to give if they don’t renew?
   Notice requirements depend on how long you’ve lived there: 30, 60, or 90 days (see above for details).
3. Can a landlord raise the rent instead of renewing my lease?
   Rent can be increased upon lease renewal for market-rate units. For rent stabilized apartments, limits on increases are set by the local Rent Guidelines Board.
4. What should I do if I suspect discrimination?
   File a complaint with the New York State Division of Human Rights and gather documentation. Discrimination is illegal under state law.
5. What official form is used for rent stabilized lease renewals?
   Form RTP-8 (DHCR Renewal Lease Form) is required in rent stabilized units. Submit one to your landlord if they haven’t offered it.

Need Help? Resources for Renters

• NYS Homes and Community Renewal (HCR) – Tenant Protection Unit
• New York State Division of Human Rights – File a Housing Complaint
• NYC Housing Court – Tenant Information
• NY Attorney General – Tenant Rights Resources
• LawHelpNY: Find Free Legal Aid

---

1. New York Real Property Law Section 226-c, Notice for Termination and Renewal of Residential Tenancies
2. New York State Homes and Community Renewal, Rent Stabilization Overview
3. New York State Human Rights Law, Housing Protections
4. NYC Housing Court, Official Website
5. Rent Stabilized Lease Renewal Form RTP-8, NYSHCR Official Form

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations