Lease Renewal - the legal rent & lower rent

[NYLover]

My apartment is RS and the lease expires March 31.
I've lived here in the same apartment since 2010, but the rent has been far lower than the legal rent.

But this year I just received the renewal lease with the full legal rent without offering a lower rent - this is almost 20% increase from the current rent. (The current LL bought this building from the old LL last summer).

I can't afford this, and I don't have a job (I went back to school, now studying to take CPA exams).

Is there anyway I can freeze the rent at least 3 months or make the increase amount to a reasonable degree?

I have been complaining about the tenant who lives right below who has been making noises during unreasonable hours, and because of that, I've been losing sleep, my study being disrupted, and probably losing the roommate as well.

What would happen if I send the LL a letter asking a reduced rent or rent freeze for 3 months, not signing the lease?
What would happen I just pay the same rent?

Any help would be greatly appreciated.

Thank you in advance.

[TenantNet]

Your lease issues and noisy neighbors are separate issues. Don't mix them up.

What you describe is a preferential rent, and what the LL can do depends on the riders he attached to ALL your renewal leases. And renewal leases must be on DHCR for RTP-8. See the PR rider at http://www.nyshcr.org/Rent/factsheets/orafac40.pdf

You can always ask the LL a discount, or to return to the pref. rent. But this is NYC and how many LLs would do that?

If you intend to stay, and the lease renewal form is proper, then you should sign and return the lease (send certified and make copies of everything). Otherwise, the LL will take you to court.

[NYLover]

Except for the very first original lease, I've never seen any riders attached to the lease.

So does what LL can do still depend on the original rider?

I am thinking of not signing the renewal lease and stay two or three months while paying the same rent and get out at the end of May or June.
If I do that, the total difference in the rent will be about $560 or $840, I don't think the LL would go to the court for that.
But maybe will that damage my credit score?

[TenantNet]

Let me walk back on this a little. I thought that copies of the rider must also be attached on all renewal leases, but that might not be true (I would need to research that, but you can too -- google it.). But they still must have the PR terms laid out in the original lease. Look at the Fact Sheet.

If you intend to say, you should return the renewal offer. If you don't sign, you then sort of become month-to-month if the LL accepts rent after lease expiration. If the LL's not crazy you might be able to negotiate a lower rent for X months, or even a buy-out.

I've seen LLs go to court over $25. And there is the tenant blacklist that can impact your credit or ability to rent elsewhere.

Try to negotiate, that is if you want to avoid all the nasties.

[NYLover]

Thank you so much.
I'd appreciate if you post another reply after you research as to whether PR rider should be attached to all renewal leases, and the consequences on the part of the LL not attaching the rider. I will read the Fact Sheet in the mean time.

I will definitely try to negotiate, but my next CPA exam is right around the corner, and I don't really have time for any housing issues.

Again, thank you very much.

[TenantNet]

You need to make time.

You should also do the research yourself--unless you want to pay us to do it

[NYLover]

I read the Fact Sheet, but it emphasizes that the legal rent be indicated on all leases, but no mentions about PR riders.

Where do you go to research further on this issue?
(I might be able to make some time after the exam)

If I pass my next (and hopefully last exam) for CPA and find a job, I will gladly donate some money! You deserve it!

Again, thank you so much.

Happy New Year to all tenants!

[BubbaJoe123]

1. If your current lease doesn't show a legal rent and a preferred rent, then the rent shown is the legal rent.
2. If it shows both (i.e says "legal rent of $x, preferred rent of $y), then unless it (or your initial lease) says that the preferred rent is for the life of the tenancy, then the LL can drop the preferred rent at any lease renewal.

See fact sheet 40.

[nudenoir]

I'm in the exact same boat as NYLover.

I'm freaking out at my $500 hike in the rent.

There is nothing about legal rent in the actual lease; only the rider. Don't know if that makes any difference.

I will negotiate, but how do I get the proper person on the phone to negotiate? Otherwise the only contact I have is the subordinate who is just a buffer between me and the guy making the actual decision. I'm also going to see if my local tenants' union org can maybe help negotiate on my behalf.

I'm so sad/angry over this. And they sent the lease renewal 14 days before the lease is expiring.

[TenantNet]

First off, this thread deals only with rent stab apartments. So the first question is, are you rent stabilized? And how do you know? Many tenants "think" they know, but they really don't. Was your initial lease on a RS lease? Have you received DHCR registrations yearly? Have all renewals been on RS renewal forms?

Do you have a preferential rent (which exists only for RS units)? If so, see the Fact Sheet, link above.

You say the lease was offered just 14 days before it expired. Was it on an official DHCR RTP-8 form? See http://www.nyshcr.org/forms/rent/rtp8.pdf

Did it list the old and new rents? This year, for a one year renewal, the increase is ZERO percent. That is not a typo. That's the RGB increase. But if you have a preferential rent, the LL might be able to increase the rent up to what the legal rent might be.

If you were given a RTP-8 form, then read the instructions on the back carefully as any increase would not be effective in 14 days - even if your current lease expires in the interim. (even if it does expire, that does not mean you can be evicted).

So answer all those questions and we can go from there.

And, BTW, if you're not RS according to the LL, and if you think you should be, then you can challenge your status.