Posted by Ken on December 21, 2000 at 08:03:09:
In Reply to: Here's the real answer posted by TenantNet on December 20, 2000 at 22:38:04:
Landlord can (and should) offer a renewal lease on terms that comply with state law. The "exceptions" you mentioned allow a renewal lease to be modified to when required to comply with the law.
Guess Tenant Net would rather argue over the semantics than to let tenants know the facts. Shows us that Tenant Net has an rather anti-tenant agenda.
: Take into account that Ken is only half right, and really didn't answer your question. Yes, it is city law and your responsibilities to recycle are mandated by that law. However, in general, the landlord must offer a stabilization lease on the SAME terms and conditions as the last expiring legal lease. It must be at the legal rent and cannot add clauses. There are a few exceptions to this, but you are not required to sign additional clauses. Sometimes, clauses such as this might seem innocuous, but there are occasionally rights you might be signing aways or ressponsibilities you might be forced to take on. It depends on the wording. You can cross out the additional clause (compare it to your old lease) or indicate you don't accept the additional clause. If you want to be more direct, indicate that the additional clause has made the lease offer a "nullity" and that you sign only to show your intent to renew (that last part is important and also sstate that you will be happy to sign a lease without the additional clause. You can always file with DHCR for the landlord''s failure to offer a valid renewal lease, but given the recent changes, that might be a risk. All in all, the issue itself is not that important as city law requires you to do certain things, but what is the danger is that they are adding clausess to your lease. If, as you say, your confused by the clause, then definately don't sign it without the above disclaimer (or cross it out).
: : It's been city law to seperate and recycle for some time now. (Never mind that much of the sorted trash winds up going all to the same dump; just more NYC nonsense.)
: : The Sanitation department can issue fines against a building owner or an individual occupant for breaking its regulations. So it really doesn't matter what the lease says, nor what actually happens to the rubbish. NYC says you must recycle, and so you must.
: : :
: : : My most recent renewal lease (stabilized apartment, NYC) asked me to sign a "recycling" clause affirming my responsibilities under the law for trash disposal. It was hard for me to tell whether it was a simple affirmation of my existing responsibilities or if it added new responsibilities.
: : : Has anyone encountered one of these? Any comments?
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