N.Y. Real Property Law § 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.

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.