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Posted by JJ on June 09, 2001 at 23:20:36:

In Reply to: vacancy (sublet) allowance question- is landlord trying to rip me off? posted by andrew on June 08, 2001 at 10:27:13:

http://tenant.net/DHCR_info/newcode/final/rscsr2.htm

read this: your landlord could charge 20%.
then go back to tenant.net and read the reviews of the new code, left column. ps: code also available at horse's mouth: dhcr.state.ny.us

Subdivision (a) of section 2523.5 of this Part is amended to read as follows:

(a) On a form prescribed or a facsimile of such form approved by the DHCR, dated by the
owner, every owner, other than an owner of hotel accommodations, shall notify the tenant
named in the expiring lease not more than 150 days and not less than [120] 90 days prior to
the end of the tenant's lease term, by mail or personal delivery, of the expiration of the lease
term, and offer to renew the lease or rental agreement at the legal regulated rent permitted for
such renewal lease and otherwise on the same terms and conditions as the expiring lease. The
owner shall give such tenant a period of 60 days from the date of service of such notice to
accept the offer and renew such lease. The tenant's acceptance of such offer shall be entered
on the designated part of the prescribed form, or facsimile thereof, and returned to the owner
by mail or personal delivery. Pursuant to the provisions of section 2522.5(b)(1) of this Title,
the owner shall furnish to such tenant a copy of the fully executed renewal lease form bearing
the signatures of the owner and tenant within 30 days of the owner's receipt of the renewal
lease form signed by the tenant. Upon execution by the owner and delivery to the tenant, such
form shall constitute a binding renewal lease. Upon failure of the owner to deliver a copy of
the fully executed renewal lease form to the tenant within 30 days from the owner's receipt of
such form signed by the tenant, such tenant shall not be deprived of any of his or her rights
under the RSL and this Code and the owner shall be barred from commencing any action or
proceeding against the tenant based upon nonrenewal of lease, pursuant to section 2524.3(f)
of this Title. In the event that such notice is given to the tenant after the expiration of the lease,
the provisions of subdivision (c) of this section shall govern.

• TN's copy of 12/20/00 DHCR Code

Follow Ups:

• no vacancy allowance for sublet chelsea 06/10/01 (2)
  • Re: YES vacancy allowance for sublet JJ 06/11/01 (1)
    • Re: YES vacancy allowance for sublet chelsea 06/11/01 (0)

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Comments:
: http://tenant.net/DHCR_info/newcode/final/rscsr2.htm

: read this: your landlord could charge 20%.
: then go back to tenant.net and read the reviews of the new code, left column.  ps: code also available at horse's mouth: dhcr.state.ny.us

: 
: Subdivision (a) of section 2523.5 of this Part is amended to read as follows:

: (a) On a form prescribed or a facsimile of such form approved by the DHCR, dated by the
: owner, every owner, other than an owner of hotel accommodations, shall notify the tenant
: named in the expiring lease not more than 150 days and not less than [120] 90 days prior to
: the end of the tenant's lease term, by mail or personal delivery, of the expiration of the lease
: term, and offer to renew the lease or rental agreement at the legal regulated rent permitted for
: such renewal lease and otherwise on the same terms and conditions as the expiring lease. The
: owner shall give such tenant a period of 60 days from the date of service of such notice to
: accept the offer and renew such lease. The tenant's acceptance of such offer shall be entered
: on the designated part of the prescribed form, or facsimile thereof, and returned to the owner
: by mail or personal delivery. Pursuant to the provisions of section 2522.5(b)(1) of this Title,
: the owner shall furnish to such tenant a copy of the fully executed renewal lease form bearing
: the signatures of the owner and tenant within 30 days of the owner's receipt of the renewal
: lease form signed by the tenant. Upon execution by the owner and delivery to the tenant, such
: form shall constitute a binding renewal lease. Upon failure of the owner to deliver a copy of
: the fully executed renewal lease form to the tenant within 30 days from the owner's receipt of
: such form signed by the tenant, such tenant shall not be deprived of any of his or her rights
: under the RSL and this Code and the owner shall be barred from commencing any action or
: proceeding against the tenant based upon nonrenewal of lease, pursuant to section 2524.3(f)
: of this Title. In the event that such notice is given to the tenant after the expiration of the lease,
: the provisions of subdivision (c) of this section shall govern.


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