Can I fight an 80 percent rent hike for my market-rate apartment?

In order to raise the rent more than five percent, a landlord is required to notify you in advance, our experts say. In this case, because you’ve lived in the apartment for more than two years, you should be given 90-days' notice of a rent increase. 

“This procedural protection is not a way to fight the increase, it's just a way to delay it,” said tenant attorney Sam Himmelstein, a founding partner at Himmelstein, McConnell, Gribben, & Joseph, now retired.

If your market-rate apartment is not covered by the state’s new Good Cause eviction law, the landlord is permitted to increase the rent as high as they think is appropriate for the market, provided they give you adequate notice.

Editor’s Note: A previous version of this story ran in October 2023.  We are presenting it again with updated information for November 2024.]

If your landlord did not give you the required notice, you can point this out and they will likely reissue the notice with the correct notice period. 

However, Himmelstein said rent is a contractual agreement. “If the parties can’t agree, then it might end up in court, and the court will set the rent,” he said. 

There are several routes you might take to challenge this increase, depending on whether you are in a stabilized apartment, a unit covered by the Good Cause eviction law, or are the subject of discrimination or retaliation. 

Check the stabilized status of the apartment

It’s always important to check the stabilized status of your apartment. In a rent-stabilized apartment, you are entitled to automatic lease renewals. In addition, annual rent increases cannot exceed the percentages approved by the Rent Guidelines Board. In recent years, this has been around 3 percent for one-year leases. An 80 percent increase would not be allowed in a rent-stabilized apartment. 

“If the building has six or more units and you can get the rent history, you can see whether or not an argument could be made that the apartments are really stabilized,” Himmelstein said.

A building with rent-stabilized apartments is typically one with six or more apartments, built from 1947 to 1974. You can request a copy of your rent history from the Division of Housing and Community Renewal and that information will help you determine whether the apartment has been unlawfully deregulated. Jennifer Rozen, managing attorney at Rozen Law Group, recommends all tenants request a copy of their rent history in case the unit is rent stabilized on the basis of the landlord receiving tax benefits.

Find out if you’re covered by Good Cause eviction

Thousands of market-rate renters gained new protections against rent increases this year after the state passed its Good Cause eviction law, which gives covered tenants a way to challenge rent hikes and evictions without a so-called “good cause,” such as breaking your lease (or the law).

This year, Good Cause limits rent increases to 8.82 percent—well below the 80 percent rent hike you’re facing. If you’re covered, you can use the law to negotiate a lower rent increase, or take your landlord to court to enforce your rights.

Your landlord might, however, be exempt from Good Cause eviction’s requirements given that they’re a family operation; Good Cause doesn’t apply to small landlords—someone who owns fewer than 10 apartments statewide. 

Still, it’s worth figuring out if you’re covered by these new protections. You can check your status by looking up your address through the apartment review service openigloo. Or, do your own research to figure out if your apartment fits the requirements: it needs to be constructed before 2009, owned by a large landlord, and you need to pay less than 245 percent of the fair market rent, or $5,846 for a studio apartment. (On that last point, you qualify.) 

Fighting an increase on grounds of discrimination 

The New York City Human Rights Law makes it illegal for landlords to discriminate against people in protected classes, which includes age, color, disability, gender, national origin, race, religion, sexual orientation, and your status as a veteran or active military service member. 

“If you are in a category protected under the city’s Human Rights Law and the landlord is not increasing the rent for other similarly situated people, you may be able to file a complaint,” Himmelstein said. 

You can report discrimination claims to the State Division of Human Rights and the NYC Commission on Human Rights (CCHR). But note: CCHR cannot handle complaints if they were already filed elsewhere, including the state Division of Human Rights.

Defending yourself against retaliation

If the rent increase is being done because you recently complained about something in the building—a leak or repair—you may be able to argue that this amounts to a retaliatory eviction. 

This would be a defense used in housing court when the landlord sues for possession of the apartment in a holdover proceeding. Rozen said this could buy you some additional time before you have to vacate. 

“The retaliatory eviction statute applies to all tenants except those that reside in owner-occupied buildings that contain fewer than four units,” she said. 

However, winning a retaliation eviction case is not going to secure a long-term tenancy. In this situation, the landlord is only required to extend your lease by one year at the same rate. 

“It’s one of those laws that looks good on the books but it’s really hard to win in court on a retaliation claim, and even if you do, all you get out of it is another year,” Himmelstein said. You may decide it is not worth the battle.

For more Ask an Expert questions and answers, click here. This article was updated by Celia Young in November 2024 to include information about the state’s newly passed Good Cause eviction law. 

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