New York Good Cause Eviction Rent Standard 2026

A landlord with properties in both NYC and an upstate opted-in city needs to apply the correct region-specific benchmark to each property separately, rather than using one figure across an entire portfolio.

5. Which opted-in localities fall under the NYC-area benchmark

According to DHCR's May 2026 notice, the City of New Rochelle, City of White Plains, Village of Croton-on-Hudson, Village of Nyack, and Village of Tarrytown fall under the NYC-area CPI region and the 8.38% benchmark.

[Cite: DHCR Good Cause Eviction Law Notice, May 4, 2026]

A landlord operating in one of these specific localities applies the same benchmark used in New York City itself, not the lower upstate figure.

6. Which opted-in localities fall under the upstate benchmark

DHCR's notice places the City of Albany, City of Beacon, City of Binghamton, City of Hudson, City of Ithaca, City of Kingston, City of Middletown, City of Poughkeepsie, City of Rochester, Town of Fishkill, Town of Poughkeepsie, Village of Catskill, and Village of New Paltz under the upstate CPI region and the 8.15% benchmark.

[Cite: DHCR Good Cause Eviction Law Notice, May 4, 2026]

That's a notably longer list than the NYC-area group, reflecting that most of the 18 opted-in localities beyond New York City itself sit in the upstate region rather than the immediate metro area.

7. Why a couple of these localities need direct confirmation

At least one secondary legal summary of this notice places Poughkeepsie and Beacon under the NYC-area 8.38% benchmark rather than the upstate 8.15% figure that DHCR's own notice assigns them, a direct conflict between that summary and the primary notice.

[Cite: DHCR Good Cause Eviction Law Notice, May 4, 2026; compare secondary commentary from Kucker Marino Winiarsky & Bittens]

A landlord operating in Poughkeepsie or Beacon specifically should confirm the applicable benchmark directly with DHCR rather than relying on either this article's reading of the primary notice or a secondary summary alone, given that direct conflict between sources.

8. Why this standard only matters where Good Cause Eviction actually applies

The 8.38%/8.15% benchmark is a feature of Good Cause Eviction protections specifically; it has no bearing on a unit in a locality that hasn't opted into the law, or on a unit that falls under one of the law's own categorical exemptions.

[Cite: New York Real Property Law 211(7), (8)]

A landlord with properties both inside and outside Good Cause Eviction coverage needs to apply this benchmark only where the law actually reaches, not as a general statewide rent-increase guideline.

9. What rebutting the presumption of unreasonableness actually requires

The presumption that an above-benchmark increase is unreasonable is explicitly rebuttable, meaning a landlord can present evidence to justify a higher increase, though the statute's framework puts that burden on the landlord once the benchmark is exceeded.

[Cite: New York Real Property Law 211(7), (8)]

A landlord planning an increase above the applicable benchmark should document the specific justification, such as a significant capital improvement or increased operating costs, before implementing it, rather than relying on the increase holding up without that documentation if challenged.

10. Why this figure resets annually and needs to be rechecked each year

DHCR issues an updated notice with new CPI figures and a new benchmark on a roughly annual basis, as shown by the shift from the February 2025 notice's 8.79% figure to this May 2026 notice's 8.38%/8.15% figures.

[Cite: DHCR Good Cause Eviction Law Notice, May 4, 2026]

A landlord shouldn't treat 8.38% or 8.15% as a fixed number going forward; the benchmark is tied to CPI data that changes, and a new DHCR notice is expected to reset it again in a future year.

11. What property managers should do now

The practical starting point is confirming, for every unit subject to Good Cause Eviction, which CPI region that specific locality falls under and applying the correct 8.38% or 8.15% figure rather than defaulting to whichever number is more familiar.

For any planned increase above the applicable benchmark, documenting the specific cost or improvement justification in advance gives a landlord something concrete to rely on if a tenant challenges the increase as presumptively unreasonable.