NYC Rent Increase After a Lease Expires: Can a Landlord Raise Rent More Than 10% in 2026?

The short answer

In New York City, a landlord cannot answer the question simply by saying that the old lease expired. The lawful result depends first on whether the apartment is rent stabilized or otherwise regulated, whether an unregulated apartment is covered by New York's Good Cause Eviction law, and whether the tenancy has become month-to-month.

For a covered Good Cause apartment, New York City currently lists an 8.38% local rent standard as of May 4, 2026. An increase above that level may be challenged as unreasonable in an eviction case, although the court makes the final decision and the landlord can offer evidence supporting a larger increase. That is different from saying every market-rate NYC apartment has a hard 8.38% cap.

If the apartment is rent stabilized, the Rent Guidelines Board controls the renewal increase

For rent-stabilized leases starting or renewing from October 1, 2025 through September 30, 2026, New York City's current guide lists a 3% increase for a one-year lease and 4.5% for a two-year lease.

For rent-stabilized leases starting or renewing from October 1, 2026 through September 30, 2027, the city lists a 0% increase for both one-year and two-year renewal leases. A proposed increase of more than 10% would therefore be a very different issue if the apartment is rent stabilized than if it is a genuinely unregulated apartment.

For many market-rate NYC apartments, Good Cause Eviction changes the analysis

Good Cause Eviction applies to many unregulated New York City rentals, subject to important exemptions. The law uses a local rent standard based on inflation plus 5%, with a maximum of 10%. NYC HPD states that as of May 4, 2026 the New York City inflation figure is 3.38%, making the current local rent standard 8.38%.

A rent increase above the local rent standard is considered potentially unreasonable under Good Cause Eviction, but it is not an automatic administrative rent cap. If a covered tenant is sued for nonpayment after refusing an increase, a court decides whether the increase is unreasonable. The landlord may try to justify a larger increase with evidence such as significant repairs or higher property taxes.

Good Cause does not cover every NYC apartment

NYC HPD lists several exemptions, including rent-regulated housing, certain owner-occupied small buildings, condos and co-ops, many homes built on or after January 1, 2009 until the 30-year exemption period expires, seasonal housing, manufactured or mobile homes, dormitories, certain institutional housing, and units above the annually updated high-rent threshold.

Because coverage is property-specific, do not assume that an 8.38% number applies just because the apartment is in New York City. The landlord's required Good Cause notice should state whether the unit is covered or identify the claimed exemption when the law requires that notice.

If the lease expired and the landlord accepted rent, the tenancy may be month-to-month

New York Real Property Law section 232-c provides that when a tenant holds over after a lease term longer than one month and the landlord accepts rent for a later period, a month-to-month tenancy is created unless the parties made another express or implied agreement.

The New York Attorney General explains the same rule for non-rent-regulated tenants: staying after a lease ends can result in month-to-month status if the landlord accepts rent. That does not erase Good Cause protections for a covered unit, and it does not convert a rent-stabilized apartment into an ordinary market-rate tenancy.

A rent increase of 5% or more triggers advance written notice rules

New York Real Property Law section 226-c requires advance written notice when a landlord intends to renew a residential tenancy with an increase of 5% or more, or when the landlord does not intend to renew. The required period depends on the longer of the tenant's occupancy or lease term.

The current rule is at least 30 days for shorter tenancies, at least 60 days when the tenant has occupied the unit for more than one year but less than two years or has a qualifying lease term, and at least 90 days when the tenant has occupied the unit for more than two years or has a lease term of at least two years. If timely notice is not given, section 226-c says the lawful tenancy continues under the existing terms until the notice period expires.

An expired lease does not automatically let a landlord impose a new fixed-term extension

Whether a landlord's proposed 'extension' is actually a binding new fixed-term lease depends on the existing lease, the parties' agreement, signatures, and subsequent conduct. A tenant should separate that contract question from the rent-increase question.

If the old lease has expired, ask management to identify in writing whether it believes there is a signed extension, a renewal offer, or a month-to-month tenancy. Then compare the proposed rent with the apartment's regulatory status, Good Cause coverage, and the required notice period.

A practical NYC checklist before accepting or rejecting the increase

First, confirm whether the apartment is rent stabilized. Second, if it appears market-rate, check whether Good Cause Eviction applies or whether the landlord claims an exemption. Third, calculate the percentage increase from the current rent. Fourth, compare the proposed effective date with the 30-, 60-, or 90-day notice rule when the increase is 5% or more. Fifth, determine whether the landlord accepted rent after the lease expired and whether the parties signed any extension or renewal.

If the unit is rent stabilized, use the Rent Guidelines Board limits for the renewal start date. If the unit is Good Cause-covered, compare the increase with the current 8.38% local rent standard and read the landlord's Good Cause notice. If the unit is neither regulated nor Good Cause-covered, the amount may be more flexible, but notice, lease, anti-retaliation, discrimination, and other laws can still matter.

Use Max Rental Tools to organize the next step

Max Rental Tools can help compare the current rent with a proposed increase, open the New York state guide, and prepare the correct renewal or rent-increase paperwork after the legal rule has been confirmed. Use the calculator and document workflow as a compliance aid, not as a substitute for legal advice about a disputed tenancy or eviction case.