My landlord won't renew my lease.

Everything else depends on this. Many NYC tenants are rent-stabilized without knowing it — landlords sometimes don't disclose it, lease forms don't say so clearly, and the only authoritative record is a rent history kept by NYS Homes & Community Renewal (DHCR). If you're regulated, your landlord can't refuse renewal. If you're market-rate, you'll need to know whether Good Cause Eviction covers your building. Both checks take a few minutes.

1. Request your rent history online at hcr.ny.gov via the “Request Your Apartment’s Rent History” portal. You'll get a multi-year record showing whether the apartment has ever been registered as rent-stabilized, the registered legal rent each year, and any deregulation events. Free. Usually delivered by email within a few minutes to a few days.
2. Read it for these tells:
   • If any year shows a registered legal rent, the apartment is (or was) rent-stabilized. If recent years show no registration, the landlord may have deregulated improperly — a tenant lawyer can check.
   • If the registered legal rent is much lower than what you're paying, you may have a rent overcharge claim worth pursuing in addition to the renewal issue.
   • If no rent history exists at all and the building has 6+ units built before 1974, ask DHCR or a lawyer whether registration was required.
3. If you can't get a clear answer: call DHCR's Office of Rent Administration at 718-739-5600 or Met Council on Housing at 212-979-0611

NY's Good Cause Eviction law (NYS L. 2024, ch. 56, Part HH; codified at Real Property Law Article 6-A) applies automatically to most NYC market-rate apartments unless the unit falls into one of the statutory exemptions below:

• Owner-occupied buildings of 10 or fewer units — the owner has to actually live in the building as their primary residence. (Distinct from the small-landlord exemption below.)
• Small landlord (10 or fewer units statewide) — if your landlord owns 10 or fewer residential units total in New York State, even across multiple buildings, the unit is exempt whether or not the owner lives on site
• Newly built buildings — exempt if the initial certificate of occupancy was issued on or after January 1, 2009, for 30 years from that CO date
• Condos and co-ops — units in buildings under cooperative or condominium ownership are exempt
• Apartments above the luxury threshold — rent exceeding 245% of the local Fair Market Rent. Current NYC thresholds (Oct 2025 – Sept 2026):
  • Studio: $5,846
  • 1-bedroom: $6,005
  • 2-bedroom: $6,742
  • 3-bedroom: $8,413
  • 4-bedroom: $9,065
• Already-regulated apartments — rent-stabilized and rent-controlled units are excluded from Good Cause because they already have stronger protections under those laws
• Affordable-housing programs — units subject to specific regulatory agreements (e.g., LIHTC, 421-a) are generally exempt
• Employment-based housing — units provided as part of an employment contract (e.g., a live-in super) are exempt

1. NYC ZoLa (Zoning & Land Use Map) — best starting point. Search your address; the Tax Lot panel typically shows the year built, number of residential units, and the BBL (Borough-Block-Lot) number you'll need for ACRIS.
2. ACRIS (Automated City Register Information System) — the official database for deeds and property documents in Manhattan, Brooklyn, Queens, and the Bronx. Use it to identify the legal owner (often an LLC) and trace ownership history back to 1966. Staten Island is not in ACRIS — use the Richmond County Clerk instead.
3. DOB records for Certificate of Occupancy (CO) date:
   • For COs issued before March 1, 2021: use the DOB BIS (Building Information System) — search your address, then “View Certificates of Occupancy.”
   • For COs issued on or after March 1, 2021: use the DOB NOW Public Portal.
   • Buildings built before 1938 may not have a CO at all — look for a “Letter of No Objection” (LNO) in the same records. The CO (or LNO) lists the exact legal number of apartments per floor, which is the authoritative count.
4. HPD Online — for the most accurate current unit count and landlord registration. Landlords of buildings with 3 or more units must register annually; HPD Online shows the owner's contact info and the reported number of apartments.

Fill it in as you go. It will auto-populate the checklist in later steps and gives a lawyer or hotline volunteer the whole picture in 30 seconds.

Every paper your landlord gives or sends you. Every envelope (postmarks prove delivery date). Every prior lease, rent receipt, text message, and email. Photograph everything front and back, save it to your phone, and back it up to cloud storage or email it to yourself.

Don't sign anything beyond a return receipt. If your landlord hands you a “new lease,” a “buyout offer,” a “cash-for-keys” agreement, or anything to surrender the apartment — stop, take a photo, and call a tenant lawyer before signing. Rent-stabilized buyouts in particular are routinely worth far more than landlords initially offer.

A non-renewal or rent-increase notice is a legal document with strict timing rules. Defective notice is one of the most common reasons holdover cases are dismissed. Spending fifteen minutes on this now can buy you months of additional tenancy — or end the matter entirely.

Under RPL § 226-c, a landlord must give formal written advance notice in two situations:

• Non-renewal — if they don't intend to offer you a new lease
• Rent increase of 5% or more — even if they are offering a renewal. Any bump of 5% or more triggers the same notice rules.

What counts as “notice”: a formal written document that clearly states the intent (non-renewal or increase) and the effective date. A verbal conversation, a text message, or an informal email is generally not legally sufficient to start the clock. Email may or may not count depending on what your lease specifically allows.

The “actual notice” rule: the legal clock (30, 60, or 90 days) doesn't start until you have actually received the written notice — not the date typed on it. Save the envelope, the postmark, and/or the delivery receipt. That's your proof.

What happens if the landlord's notice is late: if your landlord sends a notice that gives you less time than the statute requires (e.g., 30 days when you're entitled to 90), the non-renewal or increase cannot take effect until the full required window has passed from the date you received the written notice. During that gap you are legally entitled to stay at the current rent and terms.

The minimum notice the landlord must give is based on how long you've lived in the apartment as of the date the notice is delivered (not the date written on it):

• Less than 1 year: 30 days
• 1 to less than 2 years: 60 days
• 2 years or more: 90 days

Count the days from the date the notice was actually delivered to the date the landlord wants the change to take effect (rent increase) or to the lease end date (non-renewal). If the gap is less than the required minimum, the notice is defective — the landlord has to start over with proper notice and a new effective date.

• What it actually says it is. A “Notice of Non-Renewal,” a “Notice of Termination,” or a “Notice of Rent Increase” are different things and trigger different rules. Verbal statements aren't legal notice.
• The date it was delivered to you — not just the date typed on the page. Save the envelope (postmark) or screenshot the email.
• Who signed it — the owner of record, a managing agent, or an attorney? If signed by an agent, was a written authorization attached or referenced?
• What “reason” the landlord gave, if any. If you're rent-stabilized or covered by Good Cause, the landlord must state a lawful reason from a closed list (Steps 4–5 explain those lists). “I changed my mind” is not a lawful reason.
• Whether the proposed effective date matches a full rental period. Most leases run month-to-month after expiration; non-renewal generally has to take effect on the last day of a rental month, not mid-month.

Your intake checklist from Step 1 is auto-populated here. Add anything new, then move on.

A short, clear written response from you accomplishes three things at once: it asserts your rights so the landlord can't later claim you abandoned them, it puts the landlord (and their attorney) on notice that they will need to prove their case in court, and it creates a paper trail that becomes evidence if a holdover is filed. You do not need to respond before consulting Met Council or a lawyer if you can reach one in time — but a same-week written response is far better than silence.

• Acknowledge what you received and the date you received it.
• State that you intend to remain in possession of the apartment past the lease end date.
• If you're rent-stabilized: demand a renewal lease at the legal regulated rent under 9 NYCRR § 2523.5, and explicitly choose a one-year or two-year term. (Step 4, section C has the full renewal-rights framework.)
• If you're covered by Good Cause: ask the landlord to state in writing the lawful “good cause” ground from the statute and to provide the calculation justifying any rent increase above the local presumptive threshold
• If the notice was defective (wrong period, wrong delivery, wrong effective date): state that and ask the landlord to withdraw it.
• Confirm you will continue paying rent at the prior amount in the meantime.
• Send by a method that proves delivery — certified mail with return receipt, or email if your lease specifies email is valid. Keep copies of everything.

• Certified mail with return receipt requested. Costs ~$10 at any USPS counter; gives you a green card signed by the recipient. This is the gold standard.
• Keep a stamped copy for yourself by mailing one to your own address at the same time, unopened.
• If your lease allows email service: send and BCC yourself; save the sent record
• Photograph the envelope and the contents before mailing.

Pay the previously agreed rent on time, by a method that creates a record (check, money order, online portal). If your landlord refuses to accept it, document the refusal — save the bounced-back envelope, the screenshot of the rejected portal payment, the text saying “don't pay me.” Continued payment preserves your tenancy and prevents the case from being reframed as nonpayment.

If your landlord is no longer cashing your checks, ask Met Council or a lawyer about paying rent into escrow — a court-recognized way to keep your obligation current while a dispute is pending.

If a holdover case is filed, the evidence that wins it is almost never assembled in the courthouse hallway — it's assembled now, before anyone files anything. The two most powerful defenses in non-renewal cases are retaliation (the timing pattern of complaints + non-renewal) and warranty of habitability (conditions in the apartment). Both depend on documents you already have or can pull in an afternoon.

Make a one-page timeline. For each entry, capture the date, what happened, and where the proof lives (folder, screenshot, agency reference number).

• Every repair request you've made — written, text, email, building portal.
• Every 311 complaint — you can pull a history at 311 Online. Save the complaint reference numbers.
• Every HPD violation on the building or unit — from HPDOnline (see the callout above)
• Any tenants' association activity, petitions, or letters you signed.
• Any prior court actions, DHCR filings, or rent overcharge disputes.
• The date of the non-renewal notice or rent-increase notice.

The pattern that wins: complaint or repair request → followed within 12 months by non-renewal, large rent increase, reduction in services, or a holdover filing. Under RPL § 223-b, that timing alone shifts the burden to the landlord.

Walk through your apartment with your phone and photograph or video every unfixed condition: leaks, peeling paint, missing window guards, broken fixtures, mice droppings, mold, gaps in baseboards, broken locks, no heat/hot water. For each:

• Date-stamped photo or video (your phone usually does this automatically — verify the timestamp shows in metadata)
• One-line note: what room, what's wrong, when it started, when you reported it, who you told.
• Save to a single folder (cloud + local) with the date in the folder name.

Conditions documented now support a warranty of habitability defense (RPL § 235-b) in any later holdover case — rent can be reduced or abated for the period conditions existed.

What your landlord is required to do. Under 9 NYCRR § 2523.5, the rules for offering a renewal are specific:

• Window to offer. The landlord must mail a renewal offer to you between 90 and 150 days before your current lease expires.
• Same terms. The renewal must be on the same terms and conditions as your original lease — the landlord cannot unilaterally add new rules or unfavorable riders.
• Legal regulated rent. The new rent is capped at the legal regulated rent, limited to the percentage increase set annually by the NYC Rent Guidelines Board.
• Your choice of term. You — not the landlord — choose whether the renewal is for one year or two years.

What happens if your landlord doesn't offer a renewal on time or on proper terms:

• Your old lease stays in effect. Your prior rent and terms continue until the landlord properly offers a compliant renewal. You do not have to move, and you do not have to pay an increased rent until a compliant renewal is tendered.
• You become a “statutory tenant” — with all the same protections you had under your written lease, including the right to remain in possession. Failure to offer a renewal is not a ground for eviction.
• File DHCR Form RA-90 (Tenant's Complaint of Owner's Failure to Renew Lease) with the Office of Rent Administration. This is free, administrative, and often resolves the issue without court.

When the landlord can refuse to renew — the statutory grounds are very narrow. Even if your landlord claims a lawful reason, double-check it against the actual statutory list. Under 9 NYCRR § 2524.3, the only grounds that don't require prior DHCR approval are:

• Violation of a substantial lease obligation, after a proper notice to cure (§ 2524.3(a))
• Nuisance, serious damage from malice/gross negligence, or persistent harassment (§ 2524.3(b))
• Illegal occupancy that exposes the owner to liability (§ 2524.3(c))
• Immoral or unlawful use of the apartment (§ 2524.3(d))
• Unreasonable refusal of access for repairs/inspections (§ 2524.3(e))
• Refusal to sign a renewal at the legal regulated rent on the same terms (§ 2524.3(f))
• Violation of subletting rules (§ 2524.3(h))

Grounds that do require prior DHCR approval (§ 2524.4, § 2524.5): non-primary residence, owner/immediate-family occupancy, and demolition or substantial rehabilitation. If your landlord cites one of these but hasn't shown you a DHCR order, that's a defense.

Good Cause Eviction caps presumptively reasonable rent increases at the lesser of 10% or 5% + the local CPI for the relevant region. If your landlord is asking for more, they have to justify it with documented increases in costs. Save their math (or non-response) for evidence.

Refusing renewal because of race, national origin, disability, source of income (including Section 8 or HASA vouchers), family status, gender identity, sexual orientation, age, immigration status, or any other class protected by NYC Human Rights Law is a separate violation enforceable through the NYC Commission on Human Rights (212-416-0197). Source-of-income discrimination is a particularly common form of unlawful non-renewal.

Most non-renewal disputes don't reach a courtroom — they resolve through written exchanges, DHCR action, or settlement once the landlord realizes you'll defend. But you should treat a holdover filing as plausible from day one. NYC's Universal Access to Counsel (Right to Counsel) provides a free attorney to any income-eligible tenant once a holdover case is filed, regardless of immigration status. Tenants with lawyers win or get dramatically better outcomes more than 80% of the time. Get on the right list now.

1. Met Council on Housing Tenants' Rights Hotline — 212-979-0611 (Mon & Wed 1:30–8 PM, Fri 1:30–5 PM). Trained volunteers can talk through your specific situation, explain your status, and help you draft your response letter. The hotline is very busy — call after 4 PM if you can, and avoid Mondays.
2. Housing Court Answers — 212-962-4795. Best for connecting you with the right legal services provider for your borough and case type. They handle pre-court non-renewal questions too.
3. If your apartment is rent-stabilized: file a failure-to-renew complaint with DHCR (Form RA-90). This is administrative and free. A DHCR complaint creates a record and often pressures the landlord to send the renewal you were entitled to.
4. If your income is above the Right to Counsel threshold, Met Council can refer you to sliding-scale legal services, clinics, and pro bono programs. A consult with a private tenant attorney for a non-renewal dispute is often a few hundred dollars and can save tens of thousands.

If the landlord files a Housing Court holdover after you stay past the lease end date:

• You'll be served with a Notice of Petition and Petition. The first court date is usually 10–14 days out.
• Right to Counsel intake is available at every Housing Courthouse on the day of your first appearance — ask for it.
• You can use everything you built in Steps 1–4 (your DHCR rent history, your timeline, your evidence file, your written response letter) as the foundation of your defense.
• Detailed walkthrough: see our eviction notice guide, especially the courthouse-by-borough addresses and what to expect at the first appearance.

If you're in NYCHA, project-based Section 8, or have an HCV voucher, your landlord (or NYCHA) generally must offer an administrative grievance/hearing with specific deadlines before any termination. Missing the grievance window can forfeit defenses you'd otherwise have in Housing Court later.

• NYCHA tenants: Legal Aid Society's NYCHA unit — 212-577-3300
• Section 8 voucher holders: source-of-income discrimination is illegal under NYC Human Rights Law — non-renewal because of your voucher is a separate claim

Some landlords skip the legal route and offer money to move out. Do not sign anything without legal advice. For rent-stabilized tenants, buyouts are routinely worth multiples of what landlords initially offer — and the right to remain often has more value than any cash offer. Even for market-rate tenants, a written buyout typically asks you to waive every claim you have, including any retaliation, habitability, or discrimination claim. Take a photo of any offer, then call Met Council before signing.