In New York, a rent increase of exactly five percent triggers the written notice requirement under Real Property Law § 226-c. The statute says “equal to or greater than five percent.” The notice period depends on both occupancy history and lease length. Meeting that deadline does not establish that the proposed increase or nonrenewal is lawful.

Rules and sources checked for August 29, 2026.

Before reviewing the offer, gather the original lease, renewals, current rent statement, move-in date, and the notice with its envelope or delivery record. Keep the lease expiration date and proposed change date separate. Our rental renewal guidance provides broader context for reviewing the paperwork.

Calculate whether the increase reaches five percent

Calculate the proposed percentage change from the current rent:

(Proposed rent − current rent) ÷ current rent × 100

For a hypothetical apartment renting for $2,000 a month, a proposed $2,100 renewal is a $100 increase: exactly 5%. It meets the notice threshold.

Nonrenewal independently triggers notice under § 226-c, regardless of whether the landlord proposes a rent increase. A summary that says only “more than five percent” omits the statute’s express inclusion of an increase of exactly five percent.

Match the notice period to occupancy and lease length

Check both the tenant’s cumulative occupancy and the duration of the lease. A recent renewal does not erase earlier occupancy. Under § 226-c(2), use the category requiring the longer notice period.

Two hypothetical examples show why both records matter. A tenant eight months into a one-year lease falls in the 60-day category. A tenant who has lived in the apartment for three years falls in the 90-day category even with successive short leases.

The lease provisions expressly include a one-year or two-year term. The occupancy provisions use “more than” one or two years. Treat an exact occupancy anniversary as a verification point, especially without a qualifying lease term; do not use a shorthand chart to justify less notice.

There is also a narrow co-op exception: § 226-c(1)(b) exempts certain corporation-to-owner/shareholder notices, but excludes co-ops governed by Private Housing Finance Law articles 2, 4, 5 or 11. Other notice obligations can still apply.

Correct the timeline if notice is late

Under § 226-c’s late-notice provision, the lawful tenancy continues on its existing terms until the required period has elapsed from actual written notice, despite contrary lease language. That keeps the existing rent in place during the extension.

Suppose, hypothetically, a three-year occupant receives actual written notice of a 5% increase only 30 days before its proposed start. The required period is 90 days. The printed start date does not shorten that period.

A renter can request a corrected effective date in writing, identifying the occupancy history and lease term, and preserve the response with the notice. A manager should revise the proposed schedule and billing instructions together. The date printed on the letter does not by itself establish when notice was actually given.

Late notice does not, by itself, permanently cancel an increase. Whether the change can lawfully proceed after the notice period requires a separate review.

Check whether the increase or nonrenewal is lawful

Rent stabilization has its own renewal rules

For a rent-stabilized apartment, check the applicable rent guidelines and renewal procedure before using the general notice timetable. Tenants generally have a right to choose a one- or two-year renewal; a timely letter does not create permission to charge an otherwise unlawful rent.

DHCR’s lease-renewal fact sheet, revised April 2023, specifies an offer window of 90–150 days before expiration in New York City and 90–120 days outside the city. The required renewal paperwork and applicable Rent Guidelines Board order matter independently of the 5% notice trigger.

Good Cause uses a different percentage test

Good Cause applies in New York City and municipalities that have opted in, subject to exemptions. Outside NYC, check the municipality’s enacted law; local choices can affect the small-landlord and high-rent exemptions. Local adoption rules and coverage exemptions govern that inquiry.

For covered homes, RPL 211 defines the local rent standard as the lower of 10% or 5% plus the applicable annual inflation measure.

The DHCR August 2026 publication, initially posted July 16 and reposted August 17, reports inflation of 3.38% for the New York metropolitan index and 3.15% for the Northeast index. Applying the statutory formula gives standards of 8.38% and 8.15%, respectively.

The metropolitan index covers NYC and Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk and Westchester counties; elsewhere, the Northeast index applies. Outside NYC, local adoption is still necessary.

Under RPL 216, the test considers increases within a calendar year, so successive increases should not be assessed in isolation. An increase above the standard is presumptively unreasonable under Good Cause: the landlord can present evidence to rebut that presumption, and a court decides. An increase at or below the standard cannot be deemed unreasonable under that particular test.

Covered tenants also cannot be removed merely because a lease expired. The landlord must establish a statutory ground in court.

A 5% increase can therefore require advance notice while remaining below the Good Cause rent standard. Neither finding resolves rent-stabilization limits or every other housing rule that may apply.

Review the required Good Cause disclosure

The § 226-c notice must append or incorporate the Good Cause disclosure prescribed by RPL 231-c. That section also requires the disclosure with initial and renewal leases. An exemption from Good Cause protection is something to disclose, rather than a reason to omit the paperwork.

For a notice prepared as of August 29, 2026, use the statutory notice text in the Senate’s revision dated August 22, 2025. Check that the completed notice identifies:

• Whether the unit is covered by Good Cause.
• The applicable exemption if it is not covered.
• The lawful ground for a covered unit’s nonrenewal.
• The justification if a covered unit’s proposed increase exceeds the applicable local rent standard.

This checklist does not replace the full statutory notice. DHCR’s annual publication of inflation figures and rent thresholds is a different document; it does not supply the landlord’s completed disclosure.

Keep a documented timeline

Keep one record showing the rent calculation, occupancy start, lease duration, actual notice evidence, proposed effective date and completed disclosure. Record the reason for any claimed exemption alongside the document supporting it.

Renters should request corrections to specific amounts, dates or coverage statements. Managers should retain the same evidence with their property management records, including any revised notice and billing schedule.

If a deadline, coverage claim or nonrenewal remains disputed, take that record to a New York landlord-tenant lawyer or tenant legal-services provider before signing or changing payments.