Rent Increase Rules in New York: NYC Order No. 58, effective (2026)
New York has no universal cap on market-rate units; its statewide regime is rent regulation: rent-stabilized units in NYC (Rent Stabilization Law… Calculator, notice rules, statute. Verified 2026-1
Quick answer
Yes — New York caps annual rent increases. New York has no universal cap on market-rate units; its statewide regime is rent regulation: rent-stabilized units in NYC (Rent Stabilization Law of 1969) and in ETPA municipalities (Emergency Tenant Protection Act of 1974) get annual increases set by guidelines boards. Current NYC Rent Guidelines Board Order No. 58 (adopted 2026-06-25): 0% one-year and 0% two-year leases for leases commencing 10/1/2026-9/30/2027.
State statute (official text) · 2026-10-28The cap formula
No statutory CPI formula - annual percentages are set by order: NYC RGB sets increases yearly for rent-stabilized apartments (and covered lofts); ETPA municipalities outside NYC set their own guidelines. HSTPA 2019 made the rent-regulation system permanent (no sunset), ended vacancy decontrol, and regulates first rents/vacancy allowances.
For the current period, that works out to NYC Order No. 58, effective for leases commencing 10/1/2026 through 9/30/2027: 0% (one-year lease) and 0% (two-year lease); same 0%/0% for covered loft units. (Prior order covering 10/1/2025-9/30/2026 was 3%/4.5% per news reports - search-verified, not page-verified.).
Who is exempt
Market (unregulated) units are not covered by any cap. NYC 'rent controlled' units (pre-1971 tenancies) run under the separate Maximum Base Rent (MBR) program (~7.5% per 2 years or the average of recent RGB one-year increases, whichever is less, per iPropertyManagement). ETPA applies only in municipalities that declared a housing emergency; their boards set local guidelines.
Notice requirements
Rent-stabilized renewal increases take effect only via renewal lease offers on RGB-order terms; specific renewal-notice day counts not separately verified this session (DHCR/RGB forms govern). Market units follow standard notice rules.
Local rules that go further
NYC is the deep end: ~1,000,000 stabilized units (Order No. 58 coverage); the 2026 freeze is being litigated by landlords (Kenilworth Holdings LLC et al. v. NYC RGB, Staten Island, filed 7/2026 - per The Habitat Group/Law.com reports). Upstate ETPA municipalities (e.g., Albany, Buffalo-area) have their own boards.
How New York's cap compares
Only a handful of states cap annual rent increases statewide. Current-period caps side by side:
| State | Current-period cap |
|---|---|
| California | Varies by region. Per CA DOJ page (checked 2026-10-28), for 8/1/2025-7/31/2026: Los Angele |
| District of Columbia | Rent Control Year 2026 (May 1, 2026 - April 30, 2027), per RHC notice published Feb 2, 202 |
| New York | NYC Order No. 58, effective for leases commencing 10/1/2026 through 9/30/2027: 0% (one-yea |
| Oregon | 9.5% for calendar year 2026 (announced by DAS Sept 30, 2025). Separate 2026 cap of 6% for |
| Washington | 9.683% for increases effective 1/1/2026-12/31/2026; 10% for calendar 2027 (calculation exc |
FAQ
What is the maximum rent increase in New York?
No statutory CPI formula - annual percentages are set by order: NYC RGB sets increases yearly for rent-stabilized apartments (and covered lofts); ETPA municipalities outside NYC set their own guidelines. HSTPA 2019 made the rent-regulation system permanent (no sunset), ended vacancy decontrol, and regulates first rents/vacancy allowances. For the current period that works out to NYC Order No. 58, effective for leases commencing 10/1/2026 through 9/30/2027: 0% (one-year lease) and 0% (two-year lease); same 0%/0% for covered loft units. (Prior order covering 10/1/2025-9/30/2026 was 3%/4.5% per news reports - search-verified, not page-verified.). Exemptions apply — see the exemptions section.
How much notice does my landlord have to give?
Rent-stabilized renewal increases take effect only via renewal lease offers on RGB-order terms; specific renewal-notice day counts not separately verified this session (DHCR/RGB forms govern). Market units follow standard notice rules.
Does the cap apply to every rental?
No — Market (unregulated) units are not covered by any cap. NYC 'rent controlled' units (pre-1971 tenancies) run under the separate Maximum Base Rent (MBR) program (~7.5% per 2 years or the average of recent RGB one-year increases, whichever is less, per iPropertyManagement). ETPA applies only in municipalities that declared a housing emergency; their boards set local guidelines.
The statute behind it
| Field | Value | | --- | --- | --- | | Citation | NYC Rent Stabilization Law of 1969 (as amended) and Emergency Tenant Protection Act of 1974 - both cited as the RGB's authority in Order No. 58 itself; framework amended statewide by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). Current values: NYC RGB Order No. 58 (2026). | | Official text | rules.cityofnewyork.us | | Last verified | 2026-10-28 |
Independent second source · 2026-10-28Related guides
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