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Breaking lease on rent stabilized obtained through lottery

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

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Breaking lease on rent stabilized obtained through lottery

Postby miltonbrown » Mon Mar 29, 2021 4:34 pm

My brother in law is having to break the lease on his rent stabilized apartment due to a family tragedy. He obtained his apartment through the lottery and in Feb renewed for another 2 years. He gave 30 days written notice via certified mail to the LL and asked to negotiate early termination. The lease does not have an early termination provision. The LL said they would do their best to re-rent the apartment in a timely manner but otherwise he remains obligated for the remainder of the lease. Is there anything he can do to try to get the apartment rented out by a new tenant? (e.g. find a new tenant) Is this apartment likely to rent quickly to someone new because it is RS? Thanks in advance for any advice!
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Re: Breaking lease on rent stabilized obtained through lotte

Postby TenantNet » Mon Mar 29, 2021 6:31 pm

Look at our reference on this at viewtopic.php?f=15&t=9801

Scroll down to the end - there should be a few articles after June 2019 when the laws changed. Also search on this forum for "mitigate." Also Google "NYS landlord duty to mitigate"

You can move whenever you wish; the LL can't stop you. The question is whether the LL can hold you responsible for the rent for the remainder of the lease. Prior to June 2019, they could. But now it's gone back to the old way ... that a LL has a "duty to mitigate" its economic damages. It doesn't get the tenant off the hook completely and in today's climate it might be hard to re-rent an apartment, but still rent-stab units are somewhat attractive. The LL has to show it took normal steps to re-rent the place, including placing of notices, etc.

Now, since this is a lottery unit, there might be special requirements for both LL and tenant. You did not indicate what sort of housing this is, and that can make a big difference.

You will need to look at your lease, the regulatory agreement and the rules of lottery run by either HPD or DHCR as to how such situations are handled. Chances are they have a long list of people who applied and are qualified. In my view it would not be difficult to find a new tenant.
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