Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    25 Broad St., # 17P, is a one bedroom on the market for $985,000.
    Rent
    Financial District takes the #1 spot on StreetEasy’s top neighborhoods to watch in 2026
    Lower Manhattan buildings
    Sell
    Manhattan deals and median sales price rise for fifth consecutive time
    image
    The Search
    How to move to NYC: A crash course for finding an apartment
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Terry and Bryan with their son
    Rent
    From Riverdale to Yonkers: We wanted more space and better amenities with no rent increase
    snow covered cars parked along streets in Brooklyn, NY.
    Rent
    State lawmakers propose pausing evictions during winter
    Apartment buildings on the Upper West Side
    Rent
    NYC rents surged in January, a likely sign of record highs to come
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    image
    Staging + Open Houses
    The best plants for staging your NYC apartment to sell in winter
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
    Lower Manhattan buildings
    Sell
    Manhattan deals and median sales price rise for fifth consecutive time
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    cast iron radiator next to a window
    Live
    Is your rent-stabilized apartment too hot in winter? This tenant group wants to know
    The W. R. Grace Mansion 31 East 38th Street Manhattan
    Live
    Mayor Grace’s house at 31 East 38th St.: An expensive façade drew a series of prominent owners
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Park Avenue kitchen update by Prime Renovations with IKEA cabinets
    Renovation
    IKEA vs. Home Depot: Which should you choose for a NYC kitchen renovation?
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
    one-bedroom floor-through loft at 419 Wythe Ave. in Williamsburg
    Renovation
    The 7 best ways to find a short-term rental while you renovate your NYC apartment
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Apartment building staircase
    Rent
    Ask Altagracia: I have trouble walking up stairs. Can I ask my landlord to move me to a lower floor?
    Sponsored By Outerbridge Law P.C.
    Apartment buildings on Bedford Street in Williamsburg, Brooklyn
    Rent
    Ask Altagracia: What are my rights if I’m renting month to month in NYC?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: My rent is going up by 30 percent. Can I fight this increase?

By Himmelstein McConnell Gribben & Joseph LLP  | June 22, 2022 - 9:30AM
image

There's intense competition for rentals now, but that doesn't mean you lack negotiating power. 

iStock

SHARE:
Share to Facebook
Share to Twitter
Print
More...

During the pandemic, my landlord renewed my market-rate lease with no increase. Now they want to increase the rent 30 percent and I was only given a month’s notice. Can I push back? What are my options?

Rents are skyrocketing, and demand for apartments is so high that bidding wars for rentals are common now, but that doesn’t mean you don't have any negotiating power, says Sam Himmelstein, a lawyer at Himmelstein, McConnell, Gribben & Joseph who represents residential and commercial tenants and tenant associations.

“Landlords seem to be hiking rents now because in the early days of the pandemic, in many cases, they didn’t increase rent, some tenants weren’t paying, and there were eviction moratoriums,” Himmelstein says. “Now they seem to be not only increasing rents but trying to make a killing, and this applies even when someone has been a good tenant.”

With far fewer apartments available on the market, landlords know that if a current tenant won’t accept a proposed rent increase, there lots of other renters eager to take their place.

But this doesn’t mean you have to immediately accept your landlord’s rent hike or move out. It’s still worth trying to negotiate—read our tips for how to approach this conversation.

It may also be a good idea to look into your apartment’s rental history, if you suspect it may have been illegally deregulated. Rental buildings with six or more units that were built before 1974 are supposed to be rent-stabilized, if they weren’t deregulated through legal means like vacancy increases, renewal increases, and major capital improvements. 

And in 2019, vacancy deregulation and high-rent and high-income deregulation were abolished, with apartments vacated since July of that year remaining stabilized, with only a small rent increase permitted. To find out if your apartment should be stabilized, request your apartment's registration history from the Division of Housing and Community Renewal to find out how much past tenants have been charged, and how much the rent has been raised.

“So many apartments have been illegally deregulated that it’s worth exploring, and if there’s credible evidence this happened, that gives you extra bargaining power,” Himmelstein says.

Indeed, there are strict limitations on how much landlords can increase rent on stabilized units, and you could be entitled to a major payday if your apartment was deregulated illegally. (For more information, see this Ask Sam column.)

You also have the option of subletting or assigning your apartment to someone else, if you decide to renew but then find that the higher rent is too much of a financial burden.

“New York State law gives you the right to sublet or assign your apartment to someone else,” Himmelstein says. “You have to come up with the assignee or subtenant, and they must be willing to pay rent and pass muster as an applicant.”

There are specific rules for subletting and assigning, including sending your landlord a notice of your intent with detailed information through certified mail. An important distinction is that if you sublet, you are still the tenant, whereas if you assign, a new tenant takes over the lease.

“If your landlord unreasonably refuses to consent to an assignment, you can be released from the lease,” Himmelstein says. “The tricky part is the definition of unreasonable—it’s hard to gauge. But it does give you a defense if you want to break the lease, and the landlord might not bother pursuing it, because they can easily turn around and get another tenant now.”

Finally, you can push back against your landlord’s proposed rent increase if conditions in your apartment are poor. If it’s possible to claim constructive eviction, or a violation of the Warranty of Habitability, you have more ammo to talk your landlord down from their rent hike.

Note too that under the current law, your landlord is required to give you a certain amount of notice if they plan not to renew your lease, or to raise the rent by more than five percent. They must give 30 days notice if you’ve lived in the apartment for less than a year, 60 days for a tenancy of one to two years, and 90 days for a tenancy of longer than two years. If your landlord hasn’t followed these rules, let them know—at the very least you may be able to buy yourself more time before you have to make a decision.

Related: 

Ask Sam: What are my rights as a NYC renter in a market-rate apartment? (sponsored) 

Ask Sam: How do I find out if my apartment should be rent-stabilized—and the landlord owes me money? (sponsored) 

Ask Sam: I owe six months of back rent. What happens now that evictions are allowed in NYC? (sponsored) 

Read all our Ask a Renters Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia landlords rent laws rent regulation tenants tenants' rights
SHARE
TWEET
BRICK’S PICKS
Manhattan apartment building
Cool homes for all: A guide to NYC’s new AC mandate for rentals
renovating before selling
How much should you renovate your NYC apartment or house before selling?
staged outdoor space NYC at 212 East 70st St. #4b
Selling in winter? Here's how to stage your outdoor space
Man looking at his phone in NYC street
Why you should check reviews from current tenants before you sign a new lease
brownstone NYC
You bought a NYC brownstone. How are you going to manage it?
three-bedroom duplex condo in Williamsburg is listed for $1.8 million
How much does moving to the suburbs cost vs. staying in NYC?
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS