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2019 PREFERENTIAL RENT RIDER - Rent Stabilize apt

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

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Re: 2019 PREFERENTIAL RENT RIDER - Rent Stabilize apt

Postby Palindrome » Mon Jun 01, 2020 6:14 pm

The current tenant with preferential rent is allowed to keep that rent, and its normal increases, for the time they are tenants, but they must acknowledge that it is a Preferential rent, and the LL continues registering the two: Legal and Preferential. When the tenant leaves, the new tenant is subject to the Legal rent that has been established for the prior time. It is not illegal for the LL to give a lease and Rider with the Preferential Rent listed. It is in fact provided for by the DHCR. Raising the rent to the legal rate is currently unenforceable FOR THE TENANT IN RESIDENCE. Not for subsequent tenants.
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Re: 2019 PREFERENTIAL RENT RIDER - Rent Stabilize apt

Postby SmartRenter » Fri Mar 26, 2021 6:56 pm

The first renewal that I received after the new laws passed was last year and my landlord tried to include "THEIR OWN RIDER" like the ones you mentioned. I asked the mgmt if I was required to sign it and they told me YES.. I spoke to an attorney who informed that the landlord was basically trying to see what they could get away with and although unenforceable in a court of law, it is intentional deception that claiming that provisions against the new laws are binding, it is also illegal to require Rent Stabilized tenants to sign it for them to be able to renew their lease, and could easily trick those who don't know the new laws, their rights, and may think they have no choice but to sign it and think that it actually is binding. It is straight up passive bullying. So if upon renewal the landlord charges the legal regulated rent and the tenant calls, the mgmt/landlord can say "you signed this and agreed that it's binding over the terms in the lease". Most people wouldn't wouldn't question something they signed, or spend the time and resources in hiring an attorney to take their landlord to court if they don't know the laws.

My attorney advised that I shouldn't sign it and request a new lease without it. The landlord sent me an identical lease with the rider included again. So I emailed them that I would renew my lease but could not sign the rider because the provisions in the rider are against the laws set forth in the Tenant Protection Act and gave them copies of the laws outlined by the DHCR. They didn't come back saying my lease wasn't accepted because they knew they couldn't

This year, I received a renewal with the same rider again! (attached for reference) and once again I am highlighting the portion that goes against the laws, will NOT sign it, and will tell them again why.

Tell your neighbors, share your insight, and KNOW YOUR RIGHTS!
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Last edited by SmartRenter on Sat Mar 27, 2021 7:07 pm, edited 1 time in total.
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Re: 2019 PREFERENTIAL RENT RIDER - Rent Stabilize apt

Postby TenantNet » Fri Mar 26, 2021 9:34 pm

SR, thanks for posting this. It's somewhat small and hard to read. Can you rescan it as a PDF file and upload that (keeping the redactions of personal information) -- so it can be downloaded and then viewed full size.

I'm assuming the LL wrote this thing, it's certainly not DHCR issue. By any chance does the LL use a high-priced LL attorney? Do you know if they wrote this? If they knowingly put out false information, there might be avenues for complaints.
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Re: 2019 PREFERENTIAL RENT RIDER - Rent Stabilize apt

Postby SmartRenter » Sat Mar 27, 2021 7:25 pm

Just swapped the attachment following your instruction, thanks! This Rider did come from the landlord, funny thing is they also include (as required) the NYC DHCR LEASE RIDER, which item#17. actually dictates the law on Preferrential Rent, the exact opposite of the rider from the mgmt company. I don't know who actually drafts these, but I am sure they have attorneys, as they manage multiple bldgs. I don't know how high priced they are,, as last year when refusing to sign the same rider I told them to consult their attorneys. Apparently they don't care, they sent the same rider this year... and last year when I emailed asking if it was required I complete that rider for my lease they wrote back "yes", which I confirmed not to be accurate and did not.

Just looking at the Google and Yelp reviews on Leemar Management anyone can see how tenants report being bullied and poor conditions. One review I read on Google from a month ago, an applicant to one of the buildings claims they denied her emotional support animal. I feel for all the elderly and people not tuned into their rights from a landlord that makes them believe that they have none.

I would really appreciate any suggestions where I can take this to or if there is a way to complain. Last February I filed a complaint with the AG's office and never heard back. I went to the DHCR and they told me the landlord couldn't do that, but then Corona hit and that was the main issue. I have a feeling though that most of my neighbors have no idea and might be getting taken advantage of. I've lived here 17 years, but it's a big bldg and some have lived here much longer than me.
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Re: 2019 PREFERENTIAL RENT RIDER - Rent Stabilize apt

Postby TenantNet » Sat Mar 27, 2021 10:30 pm

Is it that short - with the last sentence being "...respective successors and assigns" or is there more to that page, or additional pages?

While it may have come from the LL, chances are it was drafted by an attorney, and it might find out who. Do you know what lawyer or firm represents the LL in housing court matters? If you know, please let us know via Private Mail - maybe we've heard of them.

If you aren't already doing so, save the envelopes these things come in - they have the postmarks.

Complaining always involves some strategy, i.e., which forum to lodge a complaint, do you jump the gun or wait until they sue? How litigious is the LL? And do you get a a lawyer and how much can you afford?

If you're low income, I would wait until they sue you, then you might be able to get a free attorney and this would be a direct attack on your tenancy.

Seems you know enough just to tell them "no."

And yes, the part of the DHCR rider where they tell tenants to sign and return it ... that is unenforceable.
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Re: 2019 PREFERENTIAL RENT RIDER - Rent Stabilize apt

Postby Landlords Boy » Thu May 20, 2021 2:31 pm

"One review I read on Google from a month ago, an applicant to one of the buildings claims they denied her emotional support animal -"

A tenant's request for an ESA isn't decided by the landlord but by the tenant's medical service provider: if the medical service provider does not provide a letter or written response that meets the requirements of the law then the animal is a pet, not an ESA.

Often this happens because the MSP is a poor writer: he (or she) writes like I'm another doctor or therapist. That's just wrong. I'm a landlord. So I don't want to know about a tenant's medical conditions, I just need the MSP's clear statement about what the animal does for my tenant.
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Re: 2019 PREFERENTIAL RENT RIDER - Rent Stabilize apt

Postby TenantNet » Thu May 20, 2021 3:13 pm

Haven't re-read the thread, but if not an ESA, then the rights to keep a pet could vest if the tenant keeps the pet "openly and notoriously" for 90 days minimum as specified in NYC's pet law. There are a number of strategies as how to do that - the tenant may search this forum, and this site for ideas. But if a tenant takes a dog outside nightly for a walk and a dump, that would go a long way to establish the presumption that the LL was aware of things. Or if a super was in the tenant's unit while a cat or dog sat around in plain site, that also would set up a presumption.
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