From Leased to Month-to-Month?

[Sean Flaherty]

Is it possible in a rent-stabilized building that a landlord could change my status from leased tenancy to "month-to-month" tenancy?

I am currently awaiting either a new lease (which I doubt will be forthcoming based on a recent "Notice to Cure," referred to earlier), OR a petition to evict.

I've involved the DHCR who have told me that the case has been filed for docketing and processing.

This all results from my initial request for a lease renewal (I asked for a 2-year, not a 1-year lease).

[NYCkid]

Month to month in rent stabilized apartments is more or less a fallacy. Under stabilization, the lease does more to protect the landlord than the tenant. If the LL does not offer you a new lease, he is not allowed to raise your rent and you have the same rights to the apartment that you did before. You can move out any time you want (if you give proper notice) as you are not bound to stay for a set time period. The LL cannot get you out any easier because he improperly did not renew your lease. That is one of the beauties of rent stabilization.

[Sean Flaherty]

The DHCR mediation failed and the case has been docketed and processed.

What's the next step for the DHCR?

Is it time to seek out a real estate attorney.

[Cranky Tenant]

If the DHCR complaint is for LL's failure to renew your lease, DHCR will forward a copy and ask your LL why he didn't renew your lease.

According to DHCR Fact Sheet #4 the LL can refuse to renew your lease for the following reasons

The owner or a member of the owner's immediate family needs the apartment for their personal use and primary residence. If the tenant is a senior citizen, or disabled, special rules apply [See Fact Sheets on Special Rights of Senior Citizens and Special Rights of Disabled Persons].

* The tenant refuses to sign the renewal lease or Renewal Lease Form [DHCR form RTP-8].

* The apartment is not used as the tenant's primary residence.

* The owner wants to take the apartment off the rental market, either to demolish the building for reconstruction or use it for other purposes permitted by law.

* Three years have gone by since the building was converted to a cooperative or condominium, and the tenant did not purchase the apartment under a legal Eviction Plan proposed by the owner. If a tenant is an eligible senior citizen or a disabled person, other rules apply.

If the LL fails to provide an adequate reason, DHCR will order him to give you a lease.

Then if the LL still doesn't want to provide a lease he can file a PAR.

The entire process can easily take a year or two and it's pretty much a matter of filling out forms, photocopying relevant documents etc.

[Sean Flaherty]

Thank you.

I've got everything scanned and placed in sheet protectors in a large binder in preparation for further action from the LL.

Forgive me for coming off a little tweaked. I've been in the same place for 5 years and I really don't need this BS from my LL.

Is there any reason I should seek out an attorney in advance of a PAR? (What's a PAR?)

[Cranky Tenant]

A PAR is DHCR's Petition for Administrative Review, or their standard appeal process. If your LL eventually files a PAR, DHCR will make a decision based on the evidence and see if for any reason they made a mistake the first time around,

Dealing with DHCR is pretty much a matter of paperwork and making sure your paper gets to the right place on time.

On the other hand, LLs often don't take well to DHCR complaints an may retaliate with a notice to cure, or eviction proceedings. If your LL serves you with any kind of notice you may want to consult a lawyer.

[Sean Flaherty]

Thanks again, Cranky.

The LL told the DHCR that she was going to offer me a new lease by 01-14-03. Clearly, this time has passed.

Instead of a new lease, I received a "Notice to Cure" citing a number of petty and improbable allegations ("harboring a cat" - I know the law is waived if the cat is known about; "Barbecuing on the roof; playing football on the roof" - patently absurd; "deliverately stomping and banging on the bare wooden stairs" - come on, I'm a 4th-floor tenant in a 4-floor walk up.)

I think she's full of it and after just a bit of research, the tenants' laws seem to side with the tenant.

In the meantime, I guess I'll pony up for a decent attorney.

[consigliere]

If a landlord doesn't intend to renew a rent stabilized lease, for one of the reasons in DHCR Fact Sheet #4, it has to send a notice of non-renewal ("Golub Notice") in the same time frame (150 days to 90 days before the expiration of the current lease) it would have to send an offer of a renewal lease.
 
Even if the notice to cure were valid, none of the defaults alleged are valid reasons for not offering a renewal lease. Point out to DHCR that the landlord did not send you a Golub Notice.
 

[Sean Flaherty]

Ringraziamenti così tanto, Consigliere.

After some research, I believe that section 2522.5.(b) of the NYC Rent Stabilization Code requires the landlord to make an offer to renew the lease. It's very clear the landlord has to do something within a reasonable amount of time and if the landlord does nothing, then the landlord WAIVES HIS/HER RIGHTS.