§ 226-c. Notice of rent increase or non-renewal of residential
tenancy. 1. (a) Whenever a landlord intends to offer to renew the
tenancy of an occupant in a residential dwelling unit with a rent
increase equal to or greater than five percent above the current rent,
or the landlord does not intend to renew the tenancy, the landlord shall
provide written notice as required in subdivision two of this section.
If the landlord fails to provide timely notice, the occupant's lawful
tenancy shall continue under the existing terms of the tenancy from the
date on which the landlord gave actual written notice until the notice
period has expired, notwithstanding any provision of a lease or other
tenancy agreement to the contrary.

(b) Notwithstanding paragraph (a) of this subdivision, notice shall
not be required under this section to be provided by a cooperative
housing corporation, other than a cooperative housing corporation
subject to the provisions of article two, article four, article five or
article eleven of the private housing finance law, to a tenant who is a
dwelling unit owner or shareholder of such corporation. Nothing in this
paragraph shall relieve such cooperative housing corporation of any
otherwise applicable obligation to provide notice to such tenant
pursuant to any other law or any agreement between the parties.

2. (a) For the purposes of this section, the required notice shall be
based on the cumulative amount of time the tenant has occupied the
residence or the length of the tenancy in each lease, whichever is
longer.

(b) If the tenant has occupied the unit for less than one year and
does not have a lease term of at least one year, the landlord shall
provide at least thirty days' notice.

(c) If the tenant has occupied the unit for more than one year but
less than two years, or has a lease term of at least one year but less
than two years, the landlord shall provide at least sixty days' notice.

(d) If the tenant has occupied the unit for more than two years or has
a lease term of at least two years, the landlord shall provide at least
ninety days' notice.