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realized late that i failed to mail BOTH COPIES of renewal

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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realized late that i failed to mail BOTH COPIES of renewal

Postby 1fbushguy » Sat Jul 15, 2017 5:10 pm

Hello,

I have been the lease holder in a stabilized unit in Brooklyn for about eight years. Was thinking it was about time I should be receiving a signed copy of new lease from landlord/mgmt co. Looking at the form I still have, I panicked realizing that I signed and returned only one of the copies. I had checked that I wanted a one year lease, which would not include an increase.

I know that a landlord has the option to initiate holdover eviction proceedings if one 'doesn't respond' within the 60 day period. Would returning only one copy be considered 'not responding'? I am worried because my 'landlord' is a large management company. I can never reach anyone there by phone. My building is in a rapidly gentrifying part of Brooklyn and I fear the management will use any sort of paperwork snafu to try to evict me and get the greater increase allowed when an apartment is vacated. I did send the one copy signed with the appropriate box checked within the 60 day window, but not via certified mail, so I couldn't prove it. Am I worrying needlessly? Are there steps I should take 'just in case'.

Any info will be greatly appreciated
1fbushguy
 
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Re: realized late that i failed to mail BOTH COPIES of renew

Postby TenantNet » Sat Jul 15, 2017 7:16 pm

For RS tenants, all renewal offers must be on DHCR form RTP-8. For an example, see http://www.nyshcr.org/Forms/Rent/rtp8.pdf

First, make copies of anything you receive or send, including envelopes you receive with postmarks. For leases, always send certified return receipt requested.

How long ago did you send in the one copy of the form? That will tell you what you should do, if anything.

Yes, tenants are supposed to accept an offer within 60 days of receipt. Then the LL is supposed to sign/execute the accepted offer and mail one copy back to you.

You could call/write and ask where's my lease and play dumb about the one copy. If they say they can't do anything because of the one copy, then I'd send another two originals back to them or ask them to send you new originals.

The LL does not have any cause to commence a holdover proceeding. Even if you didn't respond at all, courts almost always let tenants off the hook. I would not be too worried. My LL has been playing games with the lease for years. I get all the sleep I need.
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Re: realized late that i failed to mail BOTH COPIES of renew

Postby 1fbushguy » Sat Jul 15, 2017 7:29 pm

Thanks for the response.

I sent the one pretty much exactly 30 days ago. My current lease expires the end of this month. I will try calling them, but have a feeling I won't get a hold of them. If that's the case would it be worth sending them the remaining original copy certified with a note, or better to just wait and see if they send me a bill for the correct amount for next month?
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Re: realized late that i failed to mail BOTH COPIES of renew

Postby TenantNet » Sat Jul 15, 2017 7:35 pm

You could just send the other copy with an "oops" cover letter, if that makes you sleep better. I wouldn't do that myself, but you could.
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