Backdated renewal lease

[anne721+]

Hi, I am new.
I live in Manhattan in a rent stabilized apartment. I am a senior and I have SCRIE.
I also have a problem. It's renewal time. My landlord send copies of the renewal lease on Dec. 23 (yes, Christmas time). I received the package at the beginning of January. The lease is dated by him 11/01/2015. In other words, I wasn't given a chance to respond within the 60 day limits.
For unknown me reasons, I misread the date as 12/01/2015 (didn't feel well) and decided to ignore what I thought backdating by a month (like last time), signed the copies and sent by certified mail on January 18.
Several days later I tracked the package, discovered that package was unclaimed and became upset and active. Two days ago, I sent a fax reminding that a package is waiting for him and I looked at the documents again. I discovered then that backdating was two months. And no action there. Still unclaimed.
Yes, I have the dated envelope and I've made millions of copies.
I know now that I should have requested the correct dating and should have refused signing of the backdated documents. I didn't do this. I now have to decide how to proceed.
More information about the situation. There are some 60 apartments, including approximately 15 rent stabilized at low rent. I am probably one of the youngest old timers, in my sixties, other longtime tenants are usually in their 80s/90s and are dying out. Immediately, after this or that death, an apartment is upgraded/renovated and rented at a "new, improved" sum to university students mostly. I also know that he want to sell the building. And yes, I know that he wants me out.
So, I am pondering the options:
- should I wait for him to act
- should I ask for help now, immediately and whom? Should I ask for help governmental agencies (housing, for the aging, etc.) or non-profit, like MetCouncil, Jewish agencies, etc.
- I know that a lawyer might be the safest choice, but I would like to avoid if possible the expense.
I apologize for my lengthy post and will be very helpful for any advice

[anne721+]

Sorry, I meant of course that I will be very grateful for any advice (last sentence)

[TenantNet]

Well your renewal offer must be sent between 90 and 150 days prior to the end of your current lease. So if your new lease starts April 1, the timing is appropriate. See the instructions on the RTP-8 form.

When does your normal lease expire? Have the dates changed over the years?

The 60 days doesn't start until you receive the lease offer. If the LL is late in sending the offer (no matter what he writes on the form), you still have 60 days. READ the RTP-8 instructions.

Also, your new dates should not start (your option) until the new 60-day period has expired.

Normally tenants should not cross out what the LL wrote even if the date was wrong, but send it back to the LL asking for a correct form and noting that your 60 days do not start until you do get the correct form. This way the LL can't take you to court claiming you altered the lease. Of course it depends on how cooperative the LL is (or not).

Now, I would not worry. For the most part, tenants who sign and send in their renewal offers late do not get evicted. If that's you main concern, put it to rest. Even if the LL takes you to court, we have never heard of a court evicting a tenant for being late on returning the renewal lease. It just doesn't happen.

You sent the lease back to the LL on January 18, correct? That's less than two weeks ago. Maybe he's on vacation in Florida? You sent it certified, right? You have documentation, right?

So settle down, don't worry. He will not get you out over this.

I would do nothing for now. Keep paying the same rent. And if you chose a one-year renewal, then there is no rent increase at all.

We cannot recommend Met Council on Housing any more. They are no longer the same group we all remember. But there are other resources if you need them.

If you want to fight the LL about the starting date on the new lease, you can do so. But if you just want to feel secure, then accept the date and get your lease whenever the LL returns his signed copy to you.

Let us know in about a month any updates.

[anne721+]

Thank you very much. Yes, the new lease starts on April 1. Again, my concern is that I wasn't given a chance to meet the 60 day requirement. And yes, I am suspicious.
Thank you, I'll wait and compile a list of resources just in case I need them.

[TenantNet]

Just remember the RTP-8 instructions:

"If the owner offers a Renewal Lease less than 90 days prior to the expiration of the existing lease, the lease term selected by the tenant shall begin at the tenant's option either (1) on the date a renewal lease would have begun had a timely offer been made or (2) on the first rent payment date occurring no less than 90 days after the date that the owner does offer the lease to the tenant. The guidelines rate applicable for such lease shall be no greater than the rate in effect on the commencement date of the lease for which a timely offer should have been made, and the increased rental shall not begin before the first rent payment date occurring no less than 90 days after such offer is made."

[anne721+]

Thank you again.

[anne721+]

Update.
I've modified my plan. I think I was depressed for half a day, then got angry, very, very, very angry. And active. I read some articles and comments, drafted a letter, checked some points with a ... lawyer (just a longtime friend who is a very competent lawyer) and sent this letter in all ways possible.
Now I am ready to hear from the crickets side.
Yes, I have a list (a very long list) of my options, a name of a tenant lawyer (my friend can't represent me) and the eagerness to press all the buttons.
Just in case it isn't obvious that I am angry, I'll state it: "I am angry."

[TenantNet]

Longtime friends who are competent attorneys do not make good tenant lawyers. Does he practice in housing court? How many appeals of DHCR decisions has he made?

Anger is the absolute worst time to send any letter. Wait until you have a very cool mind.

Anger and a friend can't devise a good strategy.

You didn't attach your letter so can't comment on it. But again, go with the RTP-8 instructions.

[anne721+]

Thank you.
You are right about anger and friend (I made such mistakes in the past in a different area)
The letter was sent and I think it is OK, brief and safe (I might post it in the future, but now I'll just paraphrase:

I started with the facts
- you sent, you backdated, I received, I wasn't afforded the required time, you violated section 2523.5.
- then I asked for the proper lease with correct "distance" between the commencement date and the ACTUAL date of the notice.
I finished with the usual formula of pursuing legal options.
Seems to be fine. I FEEL better.
It didn't occur that I could verify the change of the plan and ask for help with the letter here.
I have really to familiarize with the information here.

[anne721+]

I am back with more questions.
The landlord didn't claim the lease offer signed by me and a month later it's on its way back to me. He did pick up the second letter requesting the proper lease offer (which I also faxed and sent by regular mail).
Today, I received the usual billing invoice for the next month (backdated several days) with a note: "Please send back your signed lease to our office, by regular mail. Thanx"
Now, I am thinking ...
- I am reluctant to open the envelope.
- should I send it back in a new larger envelope
- should I send a copy and keep the envelope
Or, frankly, what should I do now? I have good reasons to be suspicious.
Thank you.

[anne721+]

Additional information. The package was unclaimed for over three weeks.
The second letter was delivered and accepted in the meantime.

[anne721+]

I am back.
Today, finally I received my fully executed lease.
I did file the complaint with DHCR and asked them to expedite (SCRIE), but I don't know at this moment whether they helped or not - they received just over a week ago.
It was such a waste of time and energy.
I do have an advice. When expecting a renewal lease offer, treat the envelope with extreme attention - open and examine the date on the forms very carefully and keep the envelope. In such cases like mine when the lease is significantly backdated, ask for help immediately. My problem was that I misread his backdating by a month (I was in the middle of a health scare) and thought I had still time to respond. I didn't - he doomed me by intention. Luckily, I kept the envelope which helped me in this nonsense - psychologically at least.
And thank you very much for your help. Please continue. We need you.