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Original Lease

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

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Original Lease

Postby NYC212 » Mon Aug 07, 2017 6:27 pm

Hi I moved into my rent stabilized apartment in 1992 and have misplaced my original lease.

My original lease said that a Super needed to live in or close to the building. Now that the LL has rented out that apartment and their is no assigned, I assume that would qualify for a rent reduction?

What's the best way to retrieve that lease?

Thanks much in advance.
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Re: Original Lease

Postby TenantNet » Mon Aug 07, 2017 7:00 pm

I don't think you need the lease as the requirement is part of the law, the Housing Maintenance Code. See http://tenant.net/Other_Laws/HMC/sub2/art13.html

However, it's good to have your original lease for a number of reasons. If you really can't find it, you can ask the LL for a copy (good luck on that). But if the LL wants to take you to Housing Court, he will need to plead your RS status, and you can probably force him to give you a copy at that point.

Decide what you want to do ... do you want a super on-site, or do you want a rent reduction. You and other tenants can file with DHCR for a rent reduction. But be warned that DHCR has shown to be anti-tenant in cases like these. You might do better getting a violation first from HPD. With that you can file with DHCR or bring your own HP case in Housing Court. Understand that if the LL has rented out the place, it's unlikely they will get rid of that tenant and put a super back in. OTOH, depending on things, that tenant might qualify for RS status.
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