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Posted by chelsea on May 07, 2001 at 12:15:25:

In Reply to: lease renewal posted by adam on May 07, 2001 at 11:32:49:

Nope. If the apartment is stabilized, you have a right to renewal. The only exception would be if the owner is an invidual, rather than a corporation, and he/she wants to wants to move into the apartment or have a family member move in. You cannot be denied a lease out of spite for having exercised your right to file a complaint with the DHCR.

Also remember you don't have to notify the landlord of your overcharge complaint, though the DHCR form implies that you must. You can just cross out that part of the DHCR form.

If, after filing your overcharge complaint, you don't receive a renewal offer within 90 days of the lease expiration, consider hiring a tenant lawyer, stopping paying your rent and switching the case to Housing Court, where you get faster and probably better results.

: I am in a rent stabilized apartment/building with a 1 year lease. Soon I will be filing a rent overcharge complaint against the landlord. My questions is: Can the landlord not renew my lease (out of spite or any other reason)?

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Comments:
: Nope.  If the apartment is stabilized, you have a right to renewal.  The only exception would be if the owner is an invidual, rather than a corporation, and he/she wants to wants to move into the apartment or have a family member move in.  You cannot be denied a lease out of spite for having exercised your right to file a complaint with the DHCR. 

: Also remember you don't have to notify the landlord of your overcharge complaint, though the DHCR form implies that you must.  You can just cross out that part of the DHCR form.

: If, after filing your overcharge complaint, you don't receive a renewal offer within 90 days of the lease expiration, consider hiring a tenant lawyer, stopping paying your rent and switching the case to Housing Court, where you get faster and probably better results.


: : I am in a rent stabilized apartment/building with a 1 year lease. Soon I will be filing a rent overcharge complaint against the landlord. My questions is: Can the landlord not renew my lease (out of spite or any other reason)?


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