2023 New York Laws › RPP - Real Property › Article 7 - Landlord and Tenant › 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy.

§  226-c.  Notice  of  rent  increase  or  non-renewal  of residential
tenancy.  1. * (a) Whenever a landlord intends to  offer  to  renew  the
tenancy  of  an  occupant  in  a  residential  dwelling unit with a rent
increase equal to or greater than five percent above the  current  rent,
or the landlord does not intend to renew the tenancy, the landlord shall
provide  written  notice as required in subdivision two of this section.
If the landlord fails to provide timely notice,  the  occupant's  lawful
tenancy  shall continue under the existing terms of the tenancy from the
date on which the landlord gave actual written notice until  the  notice
period  has  expired,  notwithstanding any provision of a lease or other
tenancy agreement to the contrary.
* NB Effective until August 18, 2024
* (a) Whenever a landlord intends to offer to renew the tenancy of  an
occupant in a residential dwelling unit with a rent increase equal to or
greater  than  five percent above the current rent, or the landlord does
not intend to renew the tenancy,  the  landlord  shall  provide  written
notice  as required in subdivision two of this section. The notice shall
append or contain the notice required pursuant to  section  two  hundred
thirty-one-c  of  this  article, which shall state the following: (i) if
the unit is or is not subject to article  six-A  of  this  chapter,  the
"good  cause eviction law", and if the unit is exempt, such notice shall
state why the unit is exempt from such law; (ii) if the landlord is  not
renewing  the lease for a unit subject to article six-A of this chapter,
the lawful basis for such non-renewal; and  (iii)  if  the  landlord  is
increasing  the rent upon an existing lease of a unit subject to article
six-A of this chapter above  the  applicable  local  rent  standard,  as
defined  in  subdivision  eight  of  section  two hundred eleven of this
chapter, the justification for such increase. If the landlord  fails  to
provide  timely  notice,  the  occupant's  lawful tenancy shall continue
under the existing terms of the tenancy  from  the  date  on  which  the
landlord gave actual written notice until the notice period has expired,
notwithstanding  any  provision of a lease or other tenancy agreement to
the contrary.
* NB Effective August 18, 2024 until June 15, 2034
* (a) Whenever a landlord intends to offer to renew the tenancy of  an
occupant in a residential dwelling unit with a rent increase equal to or
greater  than  five percent above the current rent, or the landlord does
not intend to renew the tenancy,  the  landlord  shall  provide  written
notice  as  required in subdivision two of this section. If the landlord
fails to provide timely notice,  the  occupant's  lawful  tenancy  shall
continue  under the existing terms of the tenancy from the date on which
the landlord gave actual written notice  until  the  notice  period  has
expired,  notwithstanding  any  provision  of  a  lease or other tenancy
agreement to the contrary.
* NB Effective June 15, 2034
(b) Notwithstanding paragraph (a) of this  subdivision,  notice  shall
not  be  required  under  this  section  to be provided by a cooperative
housing  corporation,  other  than  a  cooperative  housing  corporation
subject  to the provisions of article two, article four, article five or
article eleven of the private housing finance law, to a tenant who is  a
dwelling  unit owner or shareholder of such corporation. Nothing in this
paragraph shall relieve such  cooperative  housing  corporation  of  any
otherwise  applicable  obligation  to  provide  notice  to  such  tenant
pursuant to any other law or any agreement between the parties.
2. (a) For the purposes of this section, the required notice shall  be
based  on  the  cumulative  amount  of  time the tenant has occupied the
residence or the length of the  tenancy  in  each  lease,  whichever  is
longer.
(b)  If  the  tenant  has occupied the unit for less than one year and
does not have a lease term of at least  one  year,  the  landlord  shall
provide at least thirty days' notice.
(c)  If  the  tenant  has occupied the unit for more than one year but
less than two years, or has a lease term of at least one year  but  less
than two years, the landlord shall provide at least sixty days' notice.
(d) If the tenant has occupied the unit for more than two years or has
a  lease term of at least two years, the landlord shall provide at least
ninety days' notice.