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Lease Renewal Question

Rent stabilzed lease renewals and how to apply Rent Guidelines Board (RGB) percentage increases

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Lease Renewal Question

Postby skar0913 » Tue Jun 30, 2015 12:51 pm

Hello All
I have a 2-year lease from 10/01/2013 to 09/30/2015. My landlord gave me the lease renewal forms beginning of June with the old rates before yesterdays vote. The rates being 1% 1-yr and 2.75% 2-years. I know that I have 60 days to sign and return the lease renewal. I of course have not signed them yet.
Since the vote yesterday with the new rates. I have a couple of questions.
1. Do these new rates apply to my lease renewal?
2. Can I inform the landlord that he needs to redo the lease renewal as the rates have now changed?
3. If the new rates apply to me does that mean when he gives me the revised lease that I have an additional 60 days?
Any help be appreciated, or if you can refer to any links. Since I only have 30 days to decide?

Thank You
skar0913
 
Posts: 8
Joined: Tue Jun 30, 2015 12:40 pm

Re: Lease Renewal Question

Postby TenantNet » Tue Jun 30, 2015 1:16 pm

For a new lease commencing on 10/1/15, LLs will usually wait until the RGB votes so as to know the new percentage increases to put on the lease. This year the vote was put off until last night, 6/29/15.

DHCR will occasionally instruct LL's on what to put on renewal lease offers in situations like this, but I haven't seen it recently. Of course tenants have 60 days to respond to an offer (even that deadline isn't carved in stone).

In any case, you're on top of this. Have you asked your LL for updated forms with the new rates? Try that first.

If the LL is unresponsive, I would get DHCR's guidance. I've seem situations where a tenant might cross out the incorrect rates and write in the correct ones, only to have the LL take them to court for altering a lease offer. Of course that's nonsense and cases like that get tossed out of court, but it's a hassle.

Even if they don't give you a new offer, you can send back the empty forms, unsigned (always make copies and always send certified mail) with an attached note indicating it's your intent to renew but the provided forms are incorrect, and that you request forms with the correct amounts inserted.

If the LL really plays games you can always file a complaint with DHCR for failure to renew a lease (at the correct rent)

If your new lease is set to commence 10/1/15 or later, then yes, the rent freeze applies to you.

Some questions might be answered at http://www.nyshcr.org/Forms/Rent/rtp8.pdf (see the instructions)
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Re: Lease Renewal Question

Postby skar0913 » Wed Jul 01, 2015 9:33 am

Thank You
skar0913
 
Posts: 8
Joined: Tue Jun 30, 2015 12:40 pm


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