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LL edited DHCR Lease Rider - Legal?

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

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LL edited DHCR Lease Rider - Legal?

Postby Bravos9 » Fri Feb 12, 2016 11:43 pm

Hello,

I got my renewal lease and in the DHCR Lease Rider my landlord crossed out the sections on succession rights and subletting. Is this legal? I want to renew my lease but I don't want to give up my succession rights.

Thanks!
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Re: LL edited DHCR Lease Rider - Legal?

Postby TenantNet » Sat Feb 13, 2016 1:41 am

From here on until you die, start keeping records of everything that happens. Make copies of everything. Keep all envelopes that have postmarks. Keep a journal documenting all conversations (or record them if you can - it's legal).

Understand that the rider you received is probably the DHCR informational rider. It doesn't really do anything except tell you your rights. Still, the LL may not change any terms or conditions of your original lease. And even after than, the items you cite are not in your lease per se, they are statutory rights. So his crossing them out has no effect and are unenforceable.

You might be satisfied with that explanation. If it were me, I would file a complaint with DHCR. As bad as DHCR is, they will likely tell the LL he's wrong and require an unedited copy be sent to you. They might even freeze the rent until he dos that. The informational rider is required to be given to all tenants on all leases.

Are you planning on subletting any time soon, or allowing someone to exercise succession rights? If so, you should learn your rights on those subjects.
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