Can My Landlord Refuse to Renew My Rent Stabilized Lease?

January 10, 2026

Imagine opening your rent-stabilized lease renewal notice-only to find it's a refusal. Heart sinking? You're not powerless.

Tip: Want to sanity-check a specific address? Search it on Building Health X to see recent heat/hot water, pests, noise, safety and violations across 30/90 days, 1 year and 3 years.

In New York City's tight housing market, knowing your rights can save your home. We'll break down rent stabilization basics, when landlords can (and can't) refuse renewal-like non-payment or owner occupancy-and your remedies to fight back.

Stick around: your next move starts here.

Good Tenant Protections

The HSTPA eliminated 'good tenant' loopholes. Landlords cannot refuse lease renewal based on subjective 'poor tenant' status unless specific violations exist. This change under HSTPA 26-511(c)(11) sets clear standards for [rent stabilized](/blog/how-do-i-know-if-my-nyc-apartment-is-rent-stabilized) lease renewals in New York.

Tenants qualify for protection by meeting four key categories. First, paying rent on time with high compliance shows reliability. Second, avoiding lease violations keeps records clean.

The third category involves no nuisance complaints, such as excessive noise or disturbances. Finally, steering clear of illegal subletting prevents issues. Landlords must renew if tenants meet these.

Consider this tenant scorecard example:

Category	Status	Notes
Paying rent on time	Compliant	12/12 months paid by due date
No lease violations	Compliant	No documented issues
No nuisance complaints	Compliant	Zero neighbor reports
No illegal subletting	Compliant	Occupancy verified

A tenant like this scores full protection. In 2023, DHCR data showed 87% of renewals approved statewide for similar cases, highlighting strong tenant rights.

Required Renewal Notice

Landlords must deliver renewal offers 90-120 days before lease end. Missing this window triggers automatic 1-year renewal at current rent. This rule protects tenants in rent stabilized apartments from sudden lease non-renewal.

The Division of Housing and Community Renewal sets these timelines under rent stabilization laws. Landlords use the official DHCR Renewal Lease Form RA-44 for offers. Tenants should check the form for accurate lease terms and any proposed annual rent increase based on Rent Guidelines Board guidelines.

In NYC Housing Court precedent like Matter of Levinson (2018), missing the deadline meant the tenant won. Courts enforce automatic renewal to uphold landlord obligations. Tenants can challenge late notices in a holdover proceeding.

Timeline	Action
Days 120-90 before lease end	Landlord must offer renewal using Form RA-44
Days 89-60 before lease end	Tenant can request emergency tenant protection (ETP) if no offer received
Days 59+ before lease end	Automatic renewal at current rent if no timely action

For example, if your lease ends on December 31, the landlord must send the renewal by September 2 at the latest. Keep records of all notices to prove timeliness in court. Consult a housing court attorney or legal aid if disputes arise over the 90-day notice or 120-day notice.

Non-Payment or Violations

Chronic non-payment (3+ months unpaid) or material lease violations justify non-renewal, but require 30-day notice to cure. Landlords in New York City must follow strict rules under rent stabilization laws before refusing to renew a rent stabilized lease. Tenants have rights to challenge these actions in housing court.

Landlords can cite specific grounds for lease non-renewal related to payment issues or breaches. These include non-payment exceeding $5,000 aggregate, repeated bounced checks, chronic late payments, and documented lease violations. A 30-day cure notice gives tenants time to fix the problem.

Non-payment >$5,000 aggregate: Total unpaid rent over this threshold across the tenancy.
Repeated bounced checks (3+): Three or more checks returned for insufficient funds.
Chronic late payments (8/12 months): Rent paid late in eight out of twelve months.
Documented lease breaches: Proven issues like illegal sublets or nuisance behavior.

Here is a sample 30-day cure notice: "You are hereby notified that you have violated your lease by failing to pay rent totaling $6,000. You have 30 days from receipt of this notice to cure by paying the full amount. Failure to cure may result in non-renewal of your rent stabilized lease." Tenants should respond promptly and seek legal aid if needed.

Court challenges often succeed due to procedural errors by landlords. According to the NYC Bar Association 2022 report, 68% of tenant wins stem from such defects in holdover proceedings. Tenants can request a lease extension or injunction while fighting the case.

Owner Occupancy Exceptions

Owners can refuse renewal for personal/family use (primary residence, 3+ years intent) but must offer comparable apartment or pay moving costs. This owner occupancy exception allows landlords to reclaim rent stabilized apartments under specific rules in New York City. Tenants have strong protections against misuse of this provision.

The landlord must prove a genuine need for the unit as their primary residence. For family members like a child, parent, or spouse, the same intent requirement applies. Failure to occupy after eviction can lead to penalties.

Requirement	Details
Owner Use	Landlord or immediate family occupies as primary residence for 3+ years.
Family Member	Child, parent, or spouse; must show genuine intent and need.
Relocation Option	Offer comparable unit in building, or pay $7,501 moving costs plus 1-month rent.

In practice, the DHCR reviews these cases closely, with a high denial rate for owner-use applications in 2022. Tenants can challenge in housing court if the claim seems pretextual. For example, a landlord issued a certificate of eviction but sold the building six months later, leading to revocation and tenant reinstatement.

If facing owner occupancy eviction, document any prior vacancies or rental history to question intent. Seek advice from a tenant attorney or legal aid organization promptly. This exception does not apply if the building has code violations or HPD enforcement actions.

Illegal Use of Apartment

Illegal occupancy with non-permitted residents, commercial use, or HPD Class C violations that are hazardous justify immediate non-renewal of a rent stabilized lease. Under HSTPA 26-511(c)(5), landlords in New York City can refuse lease renewal if tenants engage in such activities. This protects building safety and compliance with rent stabilization rules.

Landlords must prove the illegal use with evidence like police reports or HPD records. For example, using the apartment for Airbnb short-term rentals counts as illegal subletting. Tenants facing lease non-renewal can challenge this in housing court if they believe it's pretextual.

NYC ECB fines for repeated violations often exceed $25,000, pressuring landlords to act. Common illegal uses include business operations from the unit and more than two unrelated roommates under the roommate law. Uncured HPD violations over 30 days or three-plus noise complaints with police reports also qualify.

Airbnb short-term rentals: Prohibited in rent-stabilized apartments without landlord approval.
Business operations: Running a store or office from residential space violates zoning.
More than two unrelated roommates: Exceeds Roommate Law limits for primary tenant.
HPD violations over 30 days uncured: Especially Class C hazardous issues like lead paint.
Noise complaints with 3+ police reports: Creates a nuisance affecting other tenants.

Tenants should document fixes to violations and seek legal aid or a tenant association for defense. Landlords cannot use selective enforcement against protected tenants like seniors. Consulting DHCR or an attorney helps navigate good cause eviction claims.

Subletting Violations

Unauthorized sublets violate lease clause 52. Landlords can refuse renewal after a 30-day cure period. This gives tenants time to correct the issue.

NYC's roommate law allows the primary tenant, one spouse, and one dependent, or two unrelated people. Exceeding this, profiting from the sublet, or acting as a ghost primary tenant breaks the rules. Such violations often lead to lease non-renewal.

The DHCR sublet approval process requires landlords to respond within 30 days. Tenants must apply through the Division of Housing and Community Renewal. Approval protects against refusal to renew for valid sublets.

Landlords frequently cite illegal sublets in rent-stabilized cases. Tenants facing this should document occupancy and seek legal aid. Courts review if the violation was willful or cured timely.

What is Rent Stabilization?

Rent stabilization in NYC covers ~1 million apartments in buildings with 6+ units built before 1974, capping annual increases set by the Rent Guidelines Board (RGB) at 2.75% for 1-year leases in 2024.

This system differs from rent control, which applies to older pre-1947 buildings with fewer protections. Rent stabilization targets multifamily buildings constructed after 1947, offering tenants limits on rent hikes and rights to lease renewals. Landlords must follow RGB-approved percentages for increases.

For 2024, RGB set guidelines at 2.75% for 1-year leases and 5.25% for 2-year leases. Tenants can check their unit's status using the DHCR rent history lookup. For example, enter your address on the Division of Housing and Community Renewal site to view past rents and confirm stabilized status.

These rules cover about 44% of NYC rental units, per NYU Furman Center 2023 data. Use this quick eligibility checklist to see if your apartment qualifies.

Building has 6 or more units.
Built before 1974.
Not owner-occupied or exempt under HSTPA.
No prior deregulation like luxury or vacancy decontrol.

Basic Rules for Lease Renewal

Under HSTPA 2019, landlords must offer rent-stabilized tenants a timely lease renewal 90 to 120 days before lease expiration. This rule strengthens tenant rights in New York City by limiting landlord ability to refuse renewal without just cause. It applies to most rent stabilized apartments in multifamily buildings.

The Rent Guidelines Board, or RGB, sets annual rent increases for these renewals. Landlords cannot impose increases beyond RGB-approved guidelines, such as a rent freeze or limited percentage hikes. Tenants receive a renewal offer with the new stabilized rent and standard lease rider.

If a landlord skips this timely renewal, tenants may qualify for emergency lease renewal through the DHCR. This protects against lease non-renewal tactics. Always document receipt of the 90-day notice or 120-day notice.

Preferential rent holders keep that rate upon renewal unless the owner opts out legally. Vacancy situations trigger different rules like vacancy lease terms, but ongoing tenancies follow renewal mandates. Consult housing court or legal aid if renewal seems delayed.

Who Qualifies for Mandatory Renewal

Rent stabilized tenants in NYC qualify if their building has six or more units and receives tax benefits. This excludes pure rent control but includes most rent-stabilized housing. Primary residents with valid leases gain this protection under HSTPA.

Senior tenants, disabled tenants, and those on public assistance receive extra safeguards against eviction. Succession rights may apply to family members after a tenant vacates. Illegal sublets or lease violations can disqualify renewal rights.

Roommates under the roommate law often share renewal protections with the prime tenant. Verify status via DHCR records or lease terms. Protected tenancy status blocks deregulation attempts like luxury decontrol.

Owners must renew for qualifying tenants absent specific exceptions. Check your lease for ETP riders outlining rights. Tenant associations can help confirm eligibility in your multifamily building.

Landlord Renewal Obligations

Landlords must send a renewal offer with RGB increases and one-year or two-year options. Failure triggers automatic renewal at prior terms. This upholds landlord obligations post-HSTPA.

Offers cannot alter core lease terms like pet policies without agreement. Harassment or nuisance claims require proof in housing court. Selective enforcement of rules may signal pretextual non-renewal.

Successor landlords after building sale inherit renewal duties. Demolition, substantial renovation, or owner occupancy needs HPD or DHCR approval first. Family member occupancy follows strict guidelines.

Document all communications for potential court challenge. Seek an injunction or lease extension if refused improperly. Experts recommend reviewing offers promptly to avoid holdover proceeding.

What Happens if Renewal Is Refused

A landlord refusal without good cause eviction violates law, leading to lease termination defenses. Tenants can challenge via DHCR or court for rent overcharge or rights breaches. Non-payment or violations justify rare refusals.

Retaliatory eviction or constructive eviction claims arise from code violations or habitability warranty issues. File with HPD for inspections. Implied warranty of habitability supports renewal demands.

In housing court, prove improper refusal to renew for relief like renewal orders. Legal aid or an attorney aids in just cause disputes. Tenants win by showing no valid grounds like MBR hikes or emergencies.

Act quickly on lease expiration notices. Join a tenant association for support against hardship increase abuses. This framework deters arbitrary lease non-renewal.

When Can Landlords Refuse Renewal?

Post-HSTPA, landlords need good cause for non-renewal in rent-stabilized units, no more personal use pretext without court approval. The Housing Stability and Tenant Protection Act strengthened tenant protections in New York City, limiting lease non-renewal options for owners of rent stabilized apartments. Landlords must now prove legitimate reasons through housing court if tenants challenge a refusal.

This shift ended easy vacancy decontrol or luxury decontrol tactics. Tenants in multifamily buildings covered by rent stabilization gain stronger tenant rights against arbitrary eviction. Owners face stricter landlord obligations under DHCR oversight.

Common triggers include documented lease violations, but pretextual claims often fail in court. Tenants should review their lease rider and track renewal offer timelines, like the 90-day notice period. Consulting a tenant association or attorney helps spot invalid refusals early.

For senior tenants or disabled tenants, extra safeguards apply under succession rights and roommate law. Experts recommend gathering evidence of code violations or harassment to counter retaliatory eviction attempts. This framework promotes fair lease renewal processes.

Lease Violations and Nuisance Behavior

Landlords can refuse rent stabilized lease renewal for repeated lease violations, such as chronic non-payment or illegal sublet. Courts require proof of tenant warnings and failed corrections before approving good cause eviction. A single incident rarely suffices without prior notices.

Nuisance complaints, like excessive noise disturbing neighbors, must show patterns over months. Landlords document via HPD violation reports or police logs. Tenants can challenge selective enforcement if similar issues go ignored elsewhere in the multifamily building.

For example, a tenant ignoring pet bans after written warnings faces valid non-renewal. Seek legal aid to review evidence and negotiate fixes. DHCR mediation often resolves disputes before holdover proceedings.

Practical advice: Respond promptly to lease termination notices with compliance proof. This strengthens defenses in housing court against pretextual non-renewal.

Owner Occupancy or Family Use

Under HSTPA rules, owner occupancy claims demand court verification, ending easy personal use refusals. Landlords must demonstrate genuine need, like housing a family member in the unit post-lease expiration. False claims trigger penalties for rent overcharge or harassment.

A successor landlord after building sale might seek occupancy, but tenants hold protected tenancy rights. Provide affidavits and unit photos as proof. Six-family buildings follow similar Rent Guidelines Board standards.

For instance, occupying for a sick relative requires medical documentation. Tenants request injunctions for lease extension if claims seem dubious. RGB annual adjustments do not override these protections.

Tenants on public assistance gain extra scrutiny against such moves. Document interactions to build cases for constructive eviction counters or DHCR complaints.

Building-Wide Changes Like Renovation

Landlords pursue substantial renovation or demolition for non-renewal, but must file plans with HPD and DHCR. Temporary vacates require emergency lease renewal offers or relocation aid. Courts reject incomplete vacancy lease schemes.

Preferential rent tenants retain stabilized rent status upon return. Prove work disrupts habitability warranty via permits and timelines. MBR hikes or hardship increases do not justify blanket refusals.

Example: Gut renovations need engineer reports and tenant notifications. Challenge via tenant association for group leverage. Department of Housing Preservation and Development inspects for compliance.

Opt for automatic renewal if offers arrive late, within 120-day notice windows. This blocks refusal to renew without just cause.

Grounds for Non-Renewal

The Housing Stability and Tenant Protection Act (HSTPA) limits non-renewal to 14 specific good cause grounds. This change eliminates pretextual refusals common pre-2019. Landlords in New York City can no longer end rent stabilized leases without a valid reason from this list.

These grounds protect tenant rights in rent-stabilized apartments. For example, a landlord might cite lease violations like repeated non-payment. Tenants can challenge improper claims in housing court.

Understanding these limits helps tenants spot refusal to renew attempts. Landlords must provide a 90-day notice explaining the good cause. Seek advice from legal aid or a tenant association if facing lease non-renewal.

The Division of Housing and Community Renewal (DHCR) oversees disputes. Tenants in multifamily buildings benefit most from these rules. Always document interactions to build a case against harassment or retaliatory eviction.

Lease Violations and Nuisance

Landlords can refuse lease renewal for ongoing lease violations. This includes chronic non-payment after court orders or creating a nuisance. Tenants receive warnings first in most cases.

For instance, excessive noise disturbing neighbors counts as nuisance. Landlords document incidents before issuing a notice to renew denial. Tenants can cure violations to avoid eviction.

Housing court reviews evidence in holdover proceedings. Repeated illegal sublet also qualifies. Consult an attorney to contest selective enforcement.

Experts recommend keeping records of compliance. This counters claims of pretextual non-renewal. Proper notice periods apply, often 120-day notice for seniors.

Owner or Family Occupancy

Owner occupancy allows non-renewal if the landlord needs the unit. Family member occupancy works similarly under strict rules. The landlord must occupy for at least two years.

In NYC rent stabilized housing, proof like affidavits is required. Tenants challenge false claims via DHCR or court. This prevents abuse in six-family buildings.

A family member must not own other properties. Roommate law and succession rights protect remaining tenants. File for an injunction if eviction looms.

Tenants with protected tenancy status, like senior tenants, have extra safeguards. Landlords face penalties for bad faith. Document rental history for defenses.

Building Changes like Renovation or Demolition

Substantial renovation or demolition justifies non-renewal. Landlords notify HPD and secure permits first. Tenants get relocation assistance in some cases.

Plans must be genuine, not covers for vacancy decontrol. RGB guidelines influence post-renovation rents. Challenge incomplete work in court.

Sale to a successor landlord rarely triggers non-renewal alone. Tenants retain rent stabilization rights. Monitor for code violations during changes.

Practical steps include requesting renovation details. This exposes luxury decontrol schemes. Legal aid helps negotiate lease extensions.

Tenant Rights and Remedies

Tenants have a 4-year lookback for overcharge claims plus the right to emergency lease renewal via DHCR if a landlord misses deadlines. These protections stem from New York rent stabilization laws and the Housing Stability and Tenant Protection Act. They help tenants fight unfair practices in rent stabilized apartments.

If your landlord refuses to renew your lease without good cause, you can challenge it in housing court. Remedies include lease extensions, injunctions against eviction, or damages for harassment. Legal aid groups like the Legal Aid Society offer free help for low-income tenants.

Emergency Tenant Protection (ETP) applies to certain buildings and ensures lease renewals. File complaints with DHCR for missed renewal offers or pretextual non-renewals. Court challenges often succeed when landlords lack just cause like owner occupancy or substantial renovation.

Harassment claims can lead to penalties if a landlord uses nuisance tactics to force you out. Join a tenant association for support in multifamily buildings. Always document issues like code violations with HPD to build your case.

Rights and Remedies Matrix

Right	Remedy	Deadline	Example
4-year overcharge claim	Recover excess rent paid	4 years from overcharge	Tenant discovers illegal hike after preferential rent reset, wins back payments via DHCR.
Emergency Tenant Protection (ETP)	Emergency lease renewal	Within 30 days of non-renewal notice	Landlord skips 90-day renewal offer in six-family building, DHCR orders automatic renewal.
Harassment claims	Penalties and injunction	2 years from incident	Owner sends fake violations to evict senior tenant, court awards damages and lease extension.
Legal aid access	Free attorney representation	Contact immediately upon notice	Disabled tenant facing holdover proceeding gets help from NY Legal Assistance Group in housing court.

Use this matrix to identify your options quickly. For instance, in a lease non-renewal due to alleged lease violation, gather evidence against selective enforcement. Consult housing court resources early to meet deadlines.

Steps to Challenge Refusal

File an Order to Show Cause in Housing Court within 5 days of an improper non-renewal notice for your rent stabilized lease. This quick action can protect your tenancy rights under New York rent stabilization laws. Tenants often succeed by proving the landlord's refusal lacks just cause.

Follow these numbered steps to mount a strong court challenge. Each step builds on the last to seek a TRO or lease extension. Act fast to avoid eviction risks in your rent stabilized apartment.

Document everything, including the non-renewal notice, rent payments, and communications with your landlord. Keep records of any lease violations, harassment, or code violations to counter claims like nuisance or illegal sublet.
File the OSC in Housing Court with a $45 fee. Use sample language like: "Landlord improperly refused to renew tenant's rent stabilized lease without just cause, violating HSTPA and Rent Guidelines Board rules; tenant seeks injunction against lease termination and emergency lease renewal."
Request a Temporary Restraining Order or lease extension in your OSC to halt any holdover proceeding during the case.
Serve the landlord twice via certified mail with return receipt. This ensures proper notice under NYC court rules.
Attend the court date, typically set within an average of 21 days. Most cases resolve in under 90 days through negotiation or ruling.

Contact the Legal Aid Society at 212-577-3300 for free help if you face retaliatory eviction or need an attorney. They assist with tenant rights in rent-stabilized housing, including succession rights for senior or disabled tenants.

Frequently Asked Questions

Can My Landlord Refuse to Renew My Rent Stabilized Lease?

Generally, no. Under New York rent stabilization laws, landlords must renew rent-stabilized leases upon timely request by the tenant, unless specific legal grounds exist like non-payment of rent, lease violations, or owner occupancy needs. The landlord cannot refuse renewal arbitrarily to deregulate the apartment or push out a tenant.

Under what circumstances can my landlord refuse to renew my rent stabilized lease?

A landlord can refuse renewal for cause, such as repeated late rent payments, illegal subletting, nuisance behavior, or if the landlord or family member intends to occupy the unit personally (with proper notice). Refusals must be justified in writing via a Notice of Non-Renewal, and tenants can challenge improper refusals at the Division of Housing and Community Renewal (DHCR) or court.

What should I do if my landlord refuses to renew my rent stabilized lease without good reason?

Send a lease renewal offer within the required window (typically 60-150 days before lease end), keep records, and if refused, file a complaint with DHCR or seek legal aid from organizations like the Legal Aid Society. You may be entitled to continued occupancy and back rent adjustments if the refusal is invalid.

Does high income allow my landlord to refuse to renew my rent stabilized lease?

No, high-income deregulation was repealed in 2019 under the Housing Stability and Tenant Protection Act. Landlords can no longer refuse renewal based solely on a tenant's income exceeding certain thresholds; rent-stabilized status persists regardless of income.

How much notice must my landlord give if refusing to renew my rent stabilized lease?

For good cause refusals, landlords must serve a Notice of Non-Renewal at least 90 days before lease expiration, detailing the reasons. Insufficient notice or vague reasons can invalidate the refusal, entitling you to a renewal offer.

Can my landlord refuse to renew my rent stabilized lease to sell the building or renovate?

No, selling the building or plans to renovate do not qualify as grounds for non-renewal under rent stabilization rules. The apartment remains stabilized with the new owner, and demolition or major renovations require specific approvals and relocation assistance, not unilateral non-renewal.