Rent Increases in Suffolk and Nassau County: What New York Law Actually Requires
Can my landlord raise my rent whenever they want?
For most market-rate rentals in Suffolk and Nassau County, New York doesn't cap how much a landlord can raise the rent — but it does control when and how the increase has to be announced. Under the Housing Stability and Tenant Protection Act of 2019, an increase of 5% or more, or a decision not to renew a lease, requires 30, 60, or 90 days' advance written notice depending on how long the tenant has lived there.
Most of Long Island Is Not Rent-Stabilized
Rent stabilization laws that cap annual increases apply in New York City and in some other areas that have separately opted in, but Suffolk and Nassau County generally are not covered by those rules for most rental housing. That means a landlord with a market-rate unit here isn't bound by a legal ceiling on how much a rent increase can be, the way a rent-stabilized landlord would be.
What HSTPA Actually Changed
The 2019 reform didn't cap market-rate rent increases, but it did add a notice requirement. If a rent increase of 5% or more is planned, or if the landlord isn't renewing the lease at all, the tenant has to receive written notice: 30 days if they've lived there less than a year, 60 days for one to two years, and 90 days for more than two years. This applies whether the tenant has a lease or is month-to-month.
During a Fixed Lease Term, the Rent Is Fixed
If a tenant has a signed lease for a set term, the rent generally can't change mid-lease unless the lease itself allows for it. Rent increases typically come into play at renewal or, for a month-to-month tenancy, with proper advance notice going forward.
What Happens If the Notice Requirement Is Missed
If a landlord raises the rent by 5% or more, or declines to renew, without giving the required notice period, the increase or non-renewal generally doesn't take effect on the intended date — the existing rent and terms typically continue until enough notice has actually been given.
A Rent Increase Isn't the Same as an Eviction Notice
A rent increase notice and a lease termination notice are different things, even though they sometimes arrive together at renewal time. A tenant who doesn't agree to a new rent isn't automatically facing eviction — but if they stay without paying the new rent after it properly takes effect, that can turn into a nonpayment situation, and if they don't renew and don't leave, that can turn into a holdover situation.
When it is worth a call
- You received a rent increase notice and aren't sure it meets the required timing
- Your landlord raised the rent mid-lease without a lease provision allowing it
- You didn't receive written notice before a rent increase or non-renewal took effect
- You're unsure whether your unit is subject to rent stabilization
Common questions
- Is there a legal limit on how much my rent can go up?
- For most market-rate units in Suffolk and Nassau, no statutory percentage cap applies. The legal requirement that does apply is notice: 30, 60, or 90 days' advance written notice for increases of 5% or more, based on length of tenancy.
- Can my landlord raise my rent in the middle of my lease?
- Not unless the lease specifically allows it. A fixed-term lease generally locks in the rent for that term, with changes taking effect at renewal.
- What if I never received written notice of a rent increase?
- Without proper notice, an increase of 5% or more generally doesn't take effect as planned. The details of what happened with the notice matter, so keeping records of what was and wasn't sent is useful.
- Does this notice requirement apply to month-to-month tenants too?
- Yes. Whether a tenant has a lease or is month-to-month, the same 30/60/90-day notice framework applies to rent increases of 5% or more and to non-renewals.
Talk it through with Mitch
Bring the situation, not a diagnosis. A short conversation usually makes the next step obvious.