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Landlord has not sent a lease renewal

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

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Landlord has not sent a lease renewal

Postby brklyngirl » Sun Jun 27, 2021 4:42 pm

Hi Everyone,

RS tenant here. My LL has not sent a lease renewal and my lease is up in Sept. Technically it needs to be signed and returned on 7/1 so I am a little nervous that I have not received it yet. I sent an email to the LL. What other steps should I do to protect myself?
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Re: Landlord has not sent a lease renewal

Postby TenantNet » Sun Jun 27, 2021 5:48 pm

I would do nothing. You are better off without a lease in my opinion. LLs can't increase any rent without a lease. You would still be a RS tenant with all the rights, except as a hybrid month-to-month tenant. That means if the LL accepts your rent (the existing rent level), then your RS lease is extended by an additional month.

In 35 years I've never seen anyone evicted for not having a lease, or failing to renew one even if offered. And yes, my LL has not given me a lease and my rent hasn't gone up. It happens to more tenants than you can imagine.

You sent him an email, but stop the reminders.

Any renewal must be on an official DHCR RTP-8 form, and we believe it cannot be backdated. That means is they send it now (June 27), it can't be dated for March or April or when the old lease expired.

Read the instructions on the form carefully. https://hcr.ny.gov/system/files/documen ... 6-2020.pdf

Even though you can, I would NOT file a complaint with DHCR for failure to provide a lease offer. Just sit tight and pay the old rent (if you can).
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Re: Landlord has not sent a lease renewal

Postby brklyngirl » Wed Aug 11, 2021 2:29 pm

Hello! I have an interesting update.

I went into my LL office on 6/29 and signed my new lease, gave them a check for the rent deposit difference. I received a receipt which was a photocopy of the check, with a note that said lease renewal received, dated and signed by the management company.

July 1st my updated rent deposit check clears. I still had not received my lease renewal signed by the landlord, but since they put my rent deposit check through I assumed all was well.

Today I got a phone call from management. They told me that the lease I had signed was null and void because they updated a lease renewal based on a new MCI increase that kicks on Sept 1st. Ironically this is the first date of the lease renewal. When I asked them to show me a photocopy of the lease I had signed on 6/29 they told me they threw it away.

I signed a two-year lease renewal and the updated amount is based on the higher rent the starrt September first (not my current rent).

My question is, am I correct that they are supposed to base these increases on my current legal rent? Also I am assuming that the lease I signed on 6/29 is still legal because I signed it and they gave me a receipt. I am asking because I am afraid if I give them a hard time on signing this updated lease they may try to twist my words and say I am refusing this new lease when I am not.
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Re: Landlord has not sent a lease renewal

Postby TenantNet » Wed Aug 11, 2021 3:03 pm

We advised you not to do anything, just wait for the LL to make a lease renewal offer. If you read the instructions as we advised, you would know that LLs must offer a new lease 90-150 days ahead of a lease expiration, that you would have 60 days to sign and return the lease and the LL must send you a signed executed copy within 30 days.

Why ask for advice if you intend on ignoring it? If you don't believe us, that's OK, but ask a tenant attorney (a tenant lawyer, not any lawyer). GET GOOD ADVICE from some source and follow it, please.

So ignoring our advice, you rushed over to the LL's office and signed whatever they gave to you.

Did they give you two copies of the lease? Did they give you a copy of the DHCR informational rider?

If you didn't get a copy, then they can make whatever claims they wish. Do you have any proof of what you signed?

You said above that your lease expires in September. Does that mean 9/30 or 8/31? If 9/30, then a new lease would commence on 10/1 and subject to the new RGB increases. What you signed - did it have the new guidelines on it? See https://rentguidelinesboard.cityofnewyo ... -order-53/

Do you have a copy of the DHCR MCI order? That should spell out how much of a MCI increase may be applied, and when. Did anyone appeal the decision? That can impact what you pay now, if indeed there is a legitimate MCI order.

So aside from the deposit increase, you are back at square one. Go back to the question, did they send you a lease offer on the RTP-8 form? In my opinion, if an offer was offered today, 90 days is mid-November so any new lease would commence Dec. 1.

Increases must be based on the rent on the last legitimate lease using RGB order percentages. If legit, the MCI will be added in at some point.

Was the receipt for the lease, or for the deposit increase?

If they twist your word, then would you be surprised? They are landlords; it's in their DNA. You can argue about what you signed if you have a copy (apparently not) or if they have a copy (which they claim they tossed). My opinion is that you might be better off if you wait for a real offer with correct rent amounts, then insist on the 90 day period. Read the instructions.
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Re: Landlord has not sent a lease renewal

Postby brklyngirl » Wed Aug 11, 2021 3:25 pm

Whoa... excuse me but I did not ignore your advice. I was offered a lease renewal and signed the lease in person. The lease I signed was perfectly fine and yes what they gave was on an RTP-8 form.

The receipt was for receipt of the lease PLUS the deposit increase. The check for the deposit increase was based on the two-year renewal that I signed. The MCI increase was appealed and was actually slightly lowered. The MCI increase was legit.
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Re: Landlord has not sent a lease renewal

Postby brklyngirl » Wed Aug 11, 2021 3:27 pm

and my lease expires at the end of this month.
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Re: Landlord has not sent a lease renewal

Postby BubbaJoe123 » Fri Aug 13, 2021 11:23 am

To make sure we understand, the renewal lease you signed on 6/29 was for a 9/1/21 start date, and included the RGB increases for a two year lease (0% in year 1 and 1% for year 2), based off your current rent (for the lease ending on 8/31/21).

So, for example, if your current rent is $1000/month, the renewal lease you signed was for $1000/month for 9/1/21-8/31/22 and $1010/month for 9/1/22-8/31/23. Is that correct?

But, the LL is now saying that the MCI comes into effect on 9/1/21, so they want to make the new lease $1000*100%+MCI increase (total max of $1020, $1000+$0+$20) for year 1 and $1000*101%+MCI increase (total max of $1030, $1000+$10+$20) for year 2?*

The MCI fact sheet is here: https://hcr.ny.gov/system/files/documen ... 0-2019.pdf

*MCI increase is capped at 2% of your rent when the MCI application <i>was filed</i>, per that fact sheet.
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Re: Landlord has not sent a lease renewal

Postby TenantNet » Sat Aug 14, 2021 4:32 am

Whoa yourself. We advised you not to do anything. Create a paper train, in writing, not respond to LL phone calls and never sign anything in person at their offices. What you had before was a confusing situation. now it's worse as they are making spurious claims and I don't know if they even gave you a copy of what you signed.

They want to rush you. Always slow things down. You say the lease you signed was "perfectly fine," but seriously was it? What is the commencement date of the new lease? If they offered, and you signed it in person on 6/29, then three months means a new lease would commence on 10/1 and be subject to the new RBG percentage increases (RGB order No. 53). Is that what happened? Or was it still set to commence on 9/1/21 at the current increases? Did it have a DHCR informational rider?

A 2-year increase that commences on 9/1/21 would be at a bifurcated increase of 0% and 1%. Order 53 has a 2-year increase of 2.5%. While the 21-22 increase is higher, it will depend on your level of rent and when it commences. But no matter which is better in the long run, you have to know what you are agreeing to.

Look at the MCI order and see how it should be folded into the legal rent. There is a retroactive increase and a prospective increase. It should be based on a 2% collectability (2% of your rent as of the date of the MCI application), and would also depend on how many RS units are in your building. Go here and look at Part 1:
http://tenant.net/phpBB3/viewtopic.php?f=24&t=13981

Also look at recent DHCR Fact Sheets as how MCI's are folded into existing RS rents.
https://hcr.ny.gov/system/files/documen ... 0-2019.pdf

LLs don't just throw away signed leases. They are lying to you, but you have to be willing to know when they are lying. There are procedures for correcting mistakes (if that is what this was), but tossing a lease is not the way it should be done.

Again, I would ignore the phone call and do everything on paper. If they say something in a letter that seems suspicious (or even if not), then write back asked them to explain things and provide you with documentation.

If their position is that the lease you signed is null and void, then you're back to square one not having received a valid renewal offer. Wait for it. Don't engage with them on the phone, and even if they write, ignore it if they give you something that is backdated and doesn't give you the full 90-150 days. If you need to, send them a letter (certified mail) that says a) you intend to renew your lease, and b) they need to give you a proper lease for the correct terms and amounts.

Also understand that for last year and up until recently, DHCR had an older version of the RTP-8 that didn't allow for bifurcated lease increases. This year it changes after 6 months for a one-year increase. The new form appears to accommodate that, but you need to be very careful as many LLs are very sloppy.
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Re: Landlord has not sent a lease renewal

Postby cheeseburger69 » Mon Oct 18, 2021 11:31 am

I am in a similar situation, with no lease offered, though technically my current lease expires in 12 days. I am RS, and landlord has always timely provided me a new lease to return. With the RGB rate increases as they stand now, is there any con(s) to not having a new lease offer by now? Or should I just wait and see what they do?
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Re: Landlord has not sent a lease renewal

Postby TenantNet » Mon Oct 18, 2021 2:40 pm

Well, the general rule is that without a lease, the rent will not go up. That will continue until they offer a renewal lease on the proper forms at the legal rent and on the same terms and conditions as the expiring lease. Look at the back of form RTP-8 and read the instructions carefully. Even if offered today, there is a time schedule. In out view, a lease offered prior to Nov. 1st would not take effect until Feb. 1, 2022 at the earliest (90 days).

Your concern is that the RGB percentage increases for the first 6 months of the new lease are at zero percent (on a one-year renewal). My view is that freeze would extend for the first 6 months of the lease, whenever it takes effect. -- if Feb 1, then that would be Aug. 1, 2022.

You might need a lease for certain things like SCRIE (although there are differing views on that). But in general, it's the LLs obligation to make the offer. Why remind him?

And do not let them backdate a lease offer. If you get an offer today, it can't take effect on Nov. 1. It must go by the timeline on the RTP-8 instructions.

I believe the most recent version is at https://hcr.ny.gov/system/files/documen ... llable.pdf
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Re: Landlord has not sent a lease renewal

Postby cheeseburger69 » Mon Oct 18, 2021 2:50 pm

Thanks as always for the informative reply. The only complication I can imagine as a negative effect on a current rent overcharge complaint I have filed, though I don't imagine it will make a difference.
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Re: Landlord has not sent a lease renewal

Postby TenantNet » Mon Oct 18, 2021 3:00 pm

Overcharge complaints look at the rent you have paid (past tense). DHCR might also set the legal rent, so that could have an impact. If it's a big difference what you think DHCR might rule, and what you think is the real legal rent, then make sure to keep the difference in escrow.

In general, I would keep paying the same rent you have been paying (and don't remind the LL, especially if it's a corporate LL) If it's a 90 year-old retiree with memory problems, then consider giving him/her a break if he/she has otherwise been civil during your tenancy.
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Re: Landlord has not sent a lease renewal

Postby Landlords Boy » Mon Nov 01, 2021 1:35 pm

TenantNet wrote:...And do not let them backdate a lease offer. If you get an offer today, it can't take effect on Nov. 1. It must go by the timeline on the RTP-8 instructions.


Sometimes a tenant will prefer the backdated renewal lease if it lets them avoid a rent increase. And, of course, it's normal for lease renewal offers for October or November to be revised if the annual Guidelines increases are late, since the law may have required the LL to send the renewals before the Guidelines increases were set.
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