When is a lease a lease?

[Sean Flaherty]

I suspect that in the 5 years I've been in the same rent-stabilized building, I have not once seen an actual NYC-owned lease. None of the leases bear the official NYC/DHCR insignia. Additionally, my landlord continues to attach a rider/addendum listing those additional activities forbidden to tenants (no parties, no washing machines, etc.)

[mjr203]

as a rent stabilized apt renter, I don't think you are required to recv some sort of "offical NYC lease", just a lease that is legal (standard blumberg etc) and which does not change its terms from lease to lease.

As far as that rider -- I don't think a LL can prohibit tenants from having "parties" as that would fall under their right to peaceably enjoy their apartment/quality of life/privacy -- though certainly if you were to hold raging barnburners with noise/other violations every week there are other avenues for a LL to take to counter that... what does the rider exactly say?

re washing machines -- I think the LL can prohibit them altogether. But this clause is in the rent stabilization code:

"Section 26

A new section 2522.9 of this Part is adopted to read as follows:

Section 2522.9 Surcharge for the installation and use of washing machines, dryers and dishwashers.

(a) Where a tenant requests permission from the owner to install a washing machine, dryer or dishwasher, whether permanently installed or portable, and the owner consents, the owner may collect surcharges, without notification to or approval by the DHCR in an amount specified in an Operational Bulletin to be issued by the DHCR pursuant to subdivision (b) of section 2527.11 of this Title. The surcharges authorized by this section shall not be part of the legal regulated rent.

(b)(1) Where a prior installation by a tenant of a washing machine, dryer or dishwasher comes to the attention of the owner and the owner consents to the continued use of the washing machine, dryer or dishwasher, the surcharges provided for in this section shall only be available prospectively;

(2) Under no circumstances shall servicing or replacement of such washing machine, dryer or dishwasher become a service required to be provided by the owner pursuant to this Code;

(3) Where there is in effect a prior practice of charging for installation of a tenant-owned washing machine, dryer or dishwasher, the owner may continue the charge, which may also continue to be included in the legal regulated rent, if such was the prior practice."

Of course it implies that the LL must give permission for a washer/dryer/dishwasher. Overall your leases should set the rent at the legal registered amount plus any allowable increases and have the other set of standard terms that you'd find in a blumberg lease. Each new renewal lease should not deviate from the terms of previous signed lease, including previous riders (I think). I've never heard of an official NYC lease though.

-POINTER

[Sean Flaherty]

Thanks, buddy. I appreciate it, as ever.

I'm just trying to collect all of my eggs so that I can throw them at my landlord when she takes me to housing court.

[mjr203]

Originally posted by Sean:
Thanks, buddy. I appreciate it, as ever.

I'm just trying to collect all of my eggs so that I can throw them at my landlord when she takes me to housing court.

of course it is always wise to double check everything that anyone says here for yourself, including me and to seek the advice of a tenant lawyer if you are taken to housing court.

[Cranky Tenant]

I pretty much agree with Pointerout. Ive been in the same rent stabilized apartment forever and I've neer seen any kind of official NYC/ DHCR lease.

On the other hand, the LL is required to attach a Rent Stabilized Rider that essentially states you may be entitled to certain rights not stated in the lease, and that signing the lease doesn't waive those rights.