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Posted by consigliere on January 29, 2002 at 18:38:19:

In Reply to: Re: Renewing a rent-stabilized lease in NYC posted by Lilly on January 29, 2002 at 15:57:22:

I would leave things the way they are -- without a lease and without a rent increase.

If you complain to DHCR, you'll probably get a renewal lease, with a 4% increase for a one-year lease or a 6% increase for a two-year lease -- the choice is yours. The increase will be effective no sooner than 90 days later and will not be retroactive.

See sections 2523.5(c)(1) and 2523.5(d) of the Rent Stabilization Code at the link below.

:
: Even tho you are protected under the provisions of rent stabilization, in my opinion it's better to have the lease. A housing court judge once told me years ago that I didn't need a lease, but I never understood the reasoning. You can file Owners Failure To Furnish Tenant With Renewal Lease(somwthing like that) with DHCR. Send LL a certified letter, return receipt, requesting the renewal lease. I think you might run into a hefty rent increase for the years you were without a lease, allowable guidline renewal increases, and the LL might even move for the rent increase retroactively, for a period of time, he can't get the whole thing (latches). Do I have any idea of what I'm talking about here? Somebody help me...

• Rent Stabilization Code - Part 2523

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Comments:
: I would leave things the way they are -- without a lease and without a rent increase.  

: If you complain to DHCR, you'll probably get a renewal lease, with a 4% increase for a one-year lease or a 6% increase for a two-year lease -- the choice is yours.  The increase will be effective no sooner than 90 days later and will not be retroactive.  

: See sections 2523.5(c)(1) and 2523.5(d) of the Rent Stabilization Code at the link below.  

: :
: : Even tho you are protected under the provisions of rent stabilization, in my opinion it's better to have the lease. A housing court judge once told me years ago that I didn't need a lease, but I never understood the reasoning. You can file Owners Failure To Furnish Tenant With Renewal Lease(somwthing like that) with DHCR. Send LL a certified letter, return receipt, requesting the renewal lease. I think you might run into a hefty rent increase for the years you were without a lease, allowable guidline renewal increases, and the LL might even move for the rent increase retroactively, for a period of time, he can't get the whole thing (latches). Do I have any idea of what I'm talking about here? Somebody help me...


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