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Renewing a lease: what other docs are you required to sign?

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

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Renewing a lease: what other docs are you required to sign?

Postby sr77 » Sun Jul 17, 2016 7:00 pm

In order to renew a rent-stabilized lease, what documents is a tenant actually required to sign besides the renewal lease itself?

I ask because I've received the following additional documents that I'm supposed to sign, some of which I've never received or been asked to sign before at previous renewals:

1. NYC Lease Rider for Rent Stabilized Tenants . . . 11-pg. document, p.3 being a signature page on which (in Section 2) the tenant "acknowledges the contemporaneous receipt of the above lease rider for the housing accommodation stated above."

Does one simply sign and return pg. 3 (i.e., and keep the rest of the 11 pages)?

2. Notice to Owner of Family Members Residing… etc. (re: succession rights)

3. Window Guards document ("Lease Notice to Tenant")

4. Lead Based Paint Hazards document (re: children)

5. Sprinkler Disclosure Lease Rider

I don't object to signing these documents, I just don't see what they have to do with a renewal lease (e.g., for 'succession rights' you would be required to notify the landlord if and when a relevant situation occurs, not necessarily when renewing a lease)

Thanks.
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Re: Renewing a lease: what other docs are you required to si

Postby TenantNet » Sun Jul 17, 2016 7:15 pm

For RS tenants, the LL must serve you with the official RTP-8 renewal lease between 90 and 120 days before the current lease expires. NO OTHER type of renewal lease is allowed. And - very important - the renewal lease MUST be offered on the same terms and conditions (other then the level of rent) as the expiring lease.

See the official RTP-8 at http://www.nyshcr.org/Forms/Rent/rtp8.pdf Read page 2 very carefully for what is required.

As for additional forms, as far as we know, no other forms are required to be submitted or signed to renew your lease and the LL cannot legally withhold executing your lease if you refuse to sign anything else.

Having said that, at some times during the year, the LL should send you forms to windows guards and lead. Technically those should be returned to the LL (although I normally don't). That is not something that is tied to your lease renewal.

On the lease rider, you are NOT required to sign and return it. I checked that with DHCR and they had to admit there is nothing in the RSC or RSL that requires you acknowledge receipt.

On family members, the LL can ask for the names of anyone living in the unit. That is not tied to your lease though. You should give them the names BUT NO OTHER INFORMATION. Nothing about the nature of the relationship, their finances, SS# ... nothing.

I'm not familiar with the Sprinkler disclosure form. That might be something new by NYC Council, not DHCR.

Our view is that if it's not required, don't do it.

BTW, if the LL refuses to execute your lease, well that's OK as the rent doesn't go up.
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Re: Renewing a lease: what other docs are you required to si

Postby sr77 » Sun Jul 17, 2016 8:50 pm

Thanks a lot. Re: p. 2 of RTP-8, was there anything in particular you meant to draw my attention to?
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Re: Renewing a lease: what other docs are you required to si

Postby TenantNet » Sun Jul 17, 2016 9:14 pm

Nope, all of it.

Remember the LL might get insistent. Be prepared to stand up to his bullying. And understand that if the LL refuses to return your executed lease, then the rent can't go up. Make sure that when you send it back to the LL, you send it by certified mail.
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Re: Renewing a lease: what other docs are you required to si

Postby BubbaJoe123 » Mon Jul 18, 2016 9:46 am

For the window guards document and the lead paint disclosure, the LL is required to send those out at the start of the year. Shouldn't be a part of the lease renewal process.

If you don't send the forms back, the LL is required to inspect your apartment to determine if there's a child under 11 living there.
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Re: Renewing a lease: what other docs are you required to si

Postby sr77 » Tue Jul 19, 2016 9:08 pm

TenantNet wrote:Nope, all of it.

Remember the LL might get insistent. Be prepared to stand up to his bullying. And understand that if the LL refuses to return your executed lease, then the rent can't go up. Make sure that when you send it back to the LL, you send it by certified mail.

For current renewals (and next year's) I guess rent increases are a non-issue if a one-year renewal is chosen for either or both.

The renewals are always just sent to me by regular mail (not 'served'). I've always just returned them 'in person' (so to speak; I actually hand-deliver them through the mail slot of door to the landlord's office). So far it's never been a problem. I suppose things could change with different personnel but I assume I could cite precedent if it ever did become an issue. Disagree?

Are there (many) cases of RS tenants being evicted based only on a landlord's claim that a renewal lease wasn't returned when the tenant claims it was?

Thanks again.
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Re: Renewing a lease: what other docs are you required to si

Postby sr77 » Tue Jul 19, 2016 9:14 pm

BubbaJoe123 wrote:For the window guards document and the lead paint disclosure, the LL is required to send those out at the start of the year. Shouldn't be a part of the lease renewal process.

If you don't send the forms back, the LL is required to inspect your apartment to determine if there's a child under 11 living there.

Thanks. I always get these (and the other docs I listed above) in the same packet along with the lease renewals. They seem harmless enough, so I guess sending them back is preferable to having the landlord make an inspection.

I wonder why a 'form' is required for them, i.e., why you can't just state in writing (even in an email) that you don't have a child under 11 living in your apartment.
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Re: Renewing a lease: what other docs are you required to si

Postby TenantNet » Wed Jul 20, 2016 12:15 am

That's the irony of this situation. For one-year renewals, there is no increase. So if the LL refuses to return your executed lease, there is no downside for the LL. Even if you field a complaint to DHCR, the penalty they would place is a rent freeze until the LL complies. So again, this year there is no incentive to comply. OTOH, you still retain all your rights as a RS tenant.

Service in this context can be done by regular mail.

If you get into court, best to do it by certified, or get the LL acknowledgement of receipt in writing. Don't just slip it through a mail slot.

The issue here isn't that you returned it, but the LL's refusal to return the executed copy.

Yes, Bubba is correct that your failure to return could trigger an inspection. I've never seen it happen though. But you never know.
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Re: Renewing a lease: what other docs are you required to si

Postby BubbaJoe123 » Wed Jul 20, 2016 10:04 am

TenantNet wrote:Yes, Bubba is correct that your failure to return could trigger an inspection. I've never seen it happen though. But you never know.


I really doubt it would (I've never seen it happen either), but if the landlord is looking for ways to make a tenant's life more difficult, then not returning the forms opens up an avenue for that. On balance, probably simplest to just return the forms.
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