Posted by New York Tenant on July 31, 2001 at 12:07:47:
In Reply to: Re 90-150 day posted by Tim H. on July 30, 2001 at 12:02:36:
A renewal lease gives the landlord the right to collect a higher rent. You are still protected by the rent stabilization laws if the landlord doesn't offer you a renewal lease, and you should continue to pay the current rent.
Rent Stabilzation Code §2523.5(c)(1):
Where the owner fails to timely offer a renewal lease or rental agreement in accordance with subdivision (a) of this section, the one- or two-year lease term selected by the tenant shall commence at the tenant's option, either (i) on the date a renewal lease would have commenced had a timely offer been made, or (ii) on the first rent payment date occurring no less than 90 days after the date that the owner does offer the lease to the tenant. In either event, the effective date of the increased rent under the renewal lease shall commence on the first rent payment date occurring no less than 90 days after such offer is made by the owner, and the guidelines rate applicable shall be no greater than the rate in effect on the commencement date of the lease for which a timely offer should have been made.
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