I have had an RS lease for 18 years but not being renewed

[bigart23]

Hi, I have had an RS lease for 18 years, but my lease is not being renewed. I went to the website to see if my apartment was RS, and it doesn't seem like it is. How could I have an RS lease for 18 years without documentation with the city that it is an RS? Also, my building seems to only have two apts on file, but it is part of a horizontal building with 6 units (used to be more). My downstairs neighbor was RS for 30 years, but he left during covid. Also, there is no rent history with the city either. Its very strange. What can I do? I am now waiting for holdover papers to be served. Thanks for your help.

[TenantNet]

Let's start with some basic stuff ... how many units in the building? how many in the connected buildings (you say it's a horizontal, has that ever been litigated or determined?). As you probably know, for buildings which have less than 6 units to be part of a Horizontal Multiple Dwelling (HMD), there must be one or more common building systems, i.e., a single heating plant.

When was the building constructed? Is it a coop or condo?

First get you apartment history from DHCR. How long have you lived in the apartment (if not the 18 years you mention)? What does your initial lease say about being RS? What about renewal leases, were they on DHCR form RTP-8 (small print on the lowed left)? Have the renewal increases been in line with NYC RGB increases?

You say it's not being renewed. So just what has the LL done or not done? Are you in court? Has the LL sent you any notice? If so, what does it say? If not, how do you know it's not being renewed?

What website did you go to?

How do you know there are only 2 units on file? On file with whom?

I would ASAP speak with a tenant attorney if you anticipate a holdover, but do your research in the meantime. I would consider filing with DHCR (LL not giving you a lease) as that might preempt a court case (so I have been told). Of course DHCR is not a wonderful place either.