What are my lease renewal rights in NYC?

I’m a rent-stabilized tenant. What are my lease renewal rights?

Rent stabilized tenants are legally entitled to a lease renewal, meaning a landlord cannot arbitrarily end a tenancy when the lease expires. Stabilized tenants can choose between a one- or two-year renewal. Rent increases for both one- and two-year renewals are set annually by the Rent Guidelines Board.

Landlords are required to send rent stabilized tenants lease renewals 90-120 days prior to the current lease’s expiration date. Tenants have 60 days to return a signed lease, after which the landlord must return an executed lease within 30 days. 

Before signing a lease, tenants should double check the details are correct, including:

• that it’s a standard Department of Homes and Community Renewal (DHCR) lease
• that the right tenant(s) of record are listed
• the correct lease dates are listed
• and that the rent increases align with what was set by the Rent Guideline Board. 

If a lease contains one or more issues, contact the landlord and request a corrected renewal.

If a landlord fails to provide a new lease after 2-3 outreach attempts, tenants can let their landlord know they will file a complaint with DHCR if a corrected lease is not returned by a specific date.

If they still fail to send a new lease by the stated date, file a “Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish Copy of Signed Lease” (RA 90).

I’m a market rate tenant. What my lease renewal rights?

Market rate tenant renewal rights depend on whether or not they are covered by the Good Cause Eviction law. 

If not covered by Good Cause Eviction:

• lease renewals are at the discretion of the landlord.
• Your landlord can terminate tenancies and there’s no cap on how much they can increase the rent. 
• That said, if a landlord decided to terminate a tenancy or increase the rent by more than 5%, they must give proper notice based on the number of years of tenancy: 30 days notice of termination for one-year; 60 days for one-to-two years; and 90 days for over two years. 

If an apartment is covered by Good Cause Eviction,

• landlords cannot terminate a tenancy without “good cause,” such as breaking lease terms or interfering with the well-being of other tenants. 
• Good Cause also limits how much landlords can increase the rent. Rent increases are governed by local inflation and change each year. Current maximum rates are available here. 
• If a landlord plans to increase the rent by more than 5%, they must provide the same 30/60/90 day notice based on years of tenancy that tenants not covered by Good Cause receive. 

I live in a NYCHA building or a Project-Based Section 8 Voucher building. What are renewal rights?

NYCHA is largely public housing, though some developments are governed by public-private RAD/PACT partnerships. In both cases, tenants must recertify their income annually. Renewing a lease is part of the recertification process. Tenants will receive notification when it is time to recertify.

Tenants with Section 8 Vouchers, including vouchers through NYCHA, HPD, or the CDC, must also recertify annually, usually with building management. Voucher holders will receive a document outlining their share of the rent, which should be 30% of income. If income changes over the course of the year, tenants must file an interim recertification to adjust your rent share.

Both NYCHA and Section 8 tenants MUST recertify each year. Failure to recertify could lead to termination of your housing subsidy.

I live in a Mitchell-Lama building and Low Income Housing Tax Credit (LIHTC) building. What are my renewal rights?

Mitchell-Lama and LIHTC buildings are public-private partnerships. Tenants must recertify their income with their landlord every year. Renewing your lease is part of the recertification process. 

If a tenant fails to recertify, the landlord can begin a housing court case against them. To avoid court, be sure to reach out to the landlord or building management in writing about recertification, and keep written documentation of any outreach.

Other Resources:

• The Rent Guidelines Board
• Met Council on Housing
• Mitchell-Lama Program
• Section 8 Lease Renewal Overview