Can I be evicted/refused renewal for lead notification?

[doowop]

The management company of my building sent me an email asking if I wanted to renew my lease. I replied that I did, and added that I had a request concerning lead - namely, that there had been lead issues in the building (removal in 2 other apartments due to high lead levels in children) and I knew I had lead paint in my apartment (as does the management company). I stated that my child does not have high lead levels and I did not need to have the lead removed (as it would create too much dust), but I wanted to know if it would be okay to add a rider onto the lease which said that if I moved out early and found someone else to rent the apartment (allowed under the current lease and is in writing), that if the new renters had young children they could ask to have the lead treated/removed while the apartment was vacant. The next email to me said the management company was rescinding the offer to renew the lease and they wanted to know when I would be vacating the apartment.

Here are my questions: 1. can they rescind the offer of renewal? Is this the same as an eviction and can it be fought, or does the fact that my lease is up mean I'm simply forced out? 2. if it is not legal for them to rescind based on the lead issue, should I bother to fight this? Will I wind up blackballed? 3. How long can I say I will need to find a new place if I have to move? I don't completely love this apartment but I really don't want to scramble for a new place, either.

[TenantNet]

Are you rent regulated? Should you be rent regulated (even if the LL says it isn't?) How old is the building? How many units? Was the unit properly deregulated?

Had you actually put in a complaint with an agency?

[doowop]

It is not rent regulated, nor, I believe, is it supposed to be - just a regular market rate apartment, in a neighborhood of market apartments and family brownstones. I did not put in a complaint with any agency, just emailed the management company. It's a 100 year-old building with 5 total apartments, at least 2 of which have had lead problems (high levels in infants), one of which led to the removal of paint since the level was so high.

I think they might have gotten spooked by my actual written mention of the lead problem, because when they emailed me back they did not include my previous email to them in their reply. That's the only reason I can think of. As I said, I stated that my kids don't have lead problems and I don't need the lead removed, since I believe that would cause problems. But we had the apartment tested when our neighbors had such problems and it was determined that there is lead in some rooms, not all of them. So all I wanted was for them to tell me whether it would be possible to add that rider to the contract, I didn't want them to freak out and rescind their offer of renewal!

[TenantNet]

If it's 100 years old and 5 units, then it might have had 5 units (with two being combined) and could have been rent regulated (and might legally still be so). That it's in a neighborhood of so-called "market" rate apartments -- is meaningless. It is VERY common for apartments to be illegally deregulated, and VERY common for tenants to no nothing or just believe what the landlord tells them.

You should check with DHCR to see if it was ever listed, and if so, if it was legally deregulated. I ask because your rights would be greatly enhanced if a case could be made for rent regulated status.

You first post read as if you had put in a complaint with a city agency.

You have opened a Pandora's Box.

First see http://www.nyc.gov/html/doh/html/lead/lead.shtml
http://www.nmic.org/nyccelp.htm
http://yosemite.epa.gov/opa/admpress.ns ... FF005556CF

While landlords of unregulated units are not required to renew leases, you could claim retaliation if you had made a complaint. You are making it messy by asking for some sort of rider.