Know Your Rights:�Lease Renewals

Madelyn Elizondo & Natalie Goncharov

Agenda

• Market Rate Renewals
• Under Good Cause Eviction Law
• Not covered by Good Cause Eviction Law
• Rent Stabilized Renewals
• Project Based Section 8 & NYCHA
• Mitchell-Lama & LIHTC
• Questions & Answers

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Stand your ground!

There are many Tenant’s Rights in New York City. However, rights only exist if Tenants are willing and able to assert them.

Image via Right to Counsel Coalition

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Market Rate Renewals

Good Cause Eviction Law

• Passed in 2024, GCE prevents the eviction of market rate tenants without ‘good cause’
• Established local rent standards, which is a limit to rent increases based on inflation in a local area
• The current local rent standard is up to 8.79%. Anything above this is considered unreasonable; this standard is determined in Albany every year.
• Requires your landlord to provide notice on GCE status when offering a lease, a renewal, or taking you to court
• You’ll generally be covered if your landlord owns more than 10 units in NY State
• More info can be found here

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What apartments are covered by GCE?

Apartments that are currently unregulated & built before 2009 are covered by this law with the following exceptions:

• Units with high rents (over 245% of the Fair Market Rent)
• Units owned by a small landlord (owning less than 10 units in NY State)
• Units in a building of no more than 10 units where owner lives in building
• Co-ops & condominiums
• Units with regulatory agreements
• Units where occupancy linked to employment
• Units sublet
• Units in hospitals, dormitories, hotels, or religious facilities

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Rent increases under Good Cause

• Maximum rent increases are determined by the local rent standard
• For rent increases over 5%, your landlord is required to give you written notice. The amount of notice depends on how long you’ve lived in your apartment:
• Less than 1 year 🡪 30 days notice is required
• 1-2 years 🡪 60 days notice is required
• Over 2 years 🡪 90 days notice is required

For unreasonable rent increases or failure to provide proper notice, self-advocate. Write a letter to your landlord citing Good Cause Eviction Law.

• You can refuse to pay the unreasonable increase. If your landlord takes you to court, raise GCE as a defense.
• You can refuse to pay increases over 5% until given proper notice.

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Market Rate – Covered by Good Cause

• If you are covered by GCE, your landlord must have good cause to not renew your lease
• Good cause generally refers to breaking lease terms or interfering with the health and safety of your neighbors (nuisance)
• Asserting your rights:
• Write a letter outlining your rights as covered by GCE and ask for a lease and/or written justification for non-renewal
• Raise GCE as a defense in housing court

The burden falls on the landlord to prove good cause for non-renewal

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Market Rate – Not Covered by Good Cause

• If you are not covered by GCE, lease renewal is subject to the discretion of your landlord. However, the law entitles you to proper notice.
• Less than 1 year 🡪 30 days notice is required
• 1-2 years 🡪 60 days notice is required
• Over 2 years 🡪 90 days notice is required
• Rent increases and terms are subject to negotiations, meaning you do not have to accept the terms offered and can push back by asking for what you need.
• You should receive notice for increases above 5% (same guidelines as above)
• Regardless of good cause, if you do not receive a lease renewal, that does not mean you have to self-evict. The landlord still has to start a Holdover eviction case for lease expiration in order to see through an eviction.

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Rent Stabilized Lease Renewals

If you are rent stabilized, you are entitled to a lease renewal

• You should receive a lease renewal 90-150 days (3-5 months) before your current lease expires
• You then have 60 days to sign and return
• Your landlord should sign and return within 30 days
• The terms of your first lease govern the terms of your entire tenancy

Image via Metropolitan Council on Housing

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Things to look out for

• Is your lease a standard DHCR lease?
• Is the tenant(s) on record correct?
• Your spouse has the right to be on the lease with you
• Dates: are the dates of your lease term correct?
• Is your rent increase legal? Does the percentage align with the Rent Guidelines Board (RGB)?
• RGB meets every June & you can find allowable increases on their website
• For leases signed now– September 2026, allowable increases are:

1 year: 3%

2 year: 4.5%

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Notice an issue with your lease?

1. Write a letter and/or email to your landlord including…
• Why your lease is incorrect (i.e. backdated, improper rent, etc.)
• Request for a corrected lease
2. If issues not remedied after 2-3 correspondences, state your intention to file a DHCR complaint after a given deadline
3. Self-advocate with the Division of Housing and Community Renewal (DHCR)
• file a Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish Copy of a Signed Lease (RA 90)

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Project Based Section 8 & NYCHA

NYCHA is public housing. Some NYCHA buildings are being purchased by the RAD program, converting them into public/private partnerships.

• Tenants must recertify their household income annually
• Lease renewal is part of the recertification process
• Tenants should receive notices of the need to recertify

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Project Based Section 8 & NYCHA

PBS8 is administered through either NYCHA, HPD, or CDC

• With PBS8, there’s a set rent amount the landlord can collect set by the federal government
• You need to recertify annually, usually with management
• Tenants receive a document outlining your rent share, which should be 30% of the household income
• Beyond lease renewals, if a tenant’s household income changes, the tenant should ask for an interim recertification to have their rent share adjusted

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For both PBS8 & NYCHA, failure to recertify can lead to the termination of a housing subsidy, forcing tenants to pay the full rent amount. Documents your attempts & stay on top of your paperwork.

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Mitchell-Lama & Low Income Housing Tax Credit

• Mitchell-Lama and LIHTC buildings are private-public partnerships
• LIHTC are programs that allow landlords to get tax breaks/financing assistance in exchange for lower rents. LIHTC rents are set every year by HUD
• Tenants must also certify their income annually, but in these buildings, recertification is done directly with the landlord
• The recertification process includes lease renewals
• If a tenant fails to recertify, the landlord can start a housing court case. The resolution to the case is recertifying.

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To avoid court, don’t delay. Reach out to the landlord/management office in writing. Document your attempts. Stay on top of your paperwork.

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Image via Interference Archive

Questions?

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