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Which 'notices' are required to be returned to the LL?

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

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Re: Which 'notices' are required to be returned to the LL?

Postby TenantNet » Tue Sep 11, 2018 9:57 pm

When the LL fails to renew your lease (either make an offer or return the executed lease), your rent does not go up. See the RTP-8 instructions.

FYI, my LL has refused to give me a lease for several years, and my rent is the same.

And if the LL refuses to cash your rent checks, just make sure you send them by either Cert. of Mailing (cheaper) or Cert. Mail. That proves you tendered the rent. Does he just hold onto the check or return it? Either way, make sure you have the money in the bank and DO NOT spend it. The LL is hoping you won't have it later.

As for the new documents, to the unknowing eye, yes, they may appear to be something that could be seen as reducing your rights. And yes, there are judges and DHCR personnel who buy into that notion.

Beyond the fact that you they might be seen as reducing your rights, you DO NOT have to sign and/or return such documents, except in a few cases, which we have covered in this and other threads.

The law is quite clear. Even if a private agreement with the LL appears to expand your rights, it's still illegal under the RSC. Renewals MUST be on the SAME terms and conditions as the expiring lease. See Riverside v. Monroe at: viewtopic.php?t=7883
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Re: Which 'notices' are required to be returned to the LL?

Postby sr77 » Fri Sep 14, 2018 1:26 pm

Thanks. Here's an example that may illustrate what I was trying to find out with regard to the reach of the '[RS tenants] can't waive their rights' clause.

Landlord comes to RS tenant and says "I'm planning not to renew your lease because I'm going to claim the apartment for personal use. I have several family members I can put in your apartment. However, if you agree to sign a new non-RS lease at the time of the next renewal I'll give you one more RS renewal, with the new non-RS lease taking effect after that one expires. And maybe I'll let you stay as a market rate tenant and not even take the apartment for personal use."

Even if there is some blatant violation in that proposition, one can imagine an analogous one in which no laws or regs were broken, but the RS tenant was put on the spot in a similar way.

If the tenant agreed to that arrangement but it later went to court could the tenant claim that his agreeing to the LL's terms had no standing because as an RS tenant he/she can't waive his/her rights (in this case, the legal right to continue as an RS tenant)?
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Re: Which 'notices' are required to be returned to the LL?

Postby TenantNet » Fri Sep 14, 2018 2:32 pm

Let's not deal with hypotheticals.

Can you record what the LL said?
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Re: Which 'notices' are required to be returned to the LL?

Postby sr77 » Sun Sep 16, 2018 11:36 pm

TenantNet wrote:Let's not deal with hypotheticals.

Can you record what the LL said?

It actually is only hypothetical.

I was just looking for clarification of what not being able to waive your rights means in practice, whether it acts as a kind of failsafe protection.

I used that example as a test of how a tenant would (or would not) be protected by invoking the "can't waive rights" protection in a situation where he/she inadvertently agreed to something he/she should not have.
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Re: Which 'notices' are required to be returned to the LL?

Postby TenantNet » Sun Sep 16, 2018 11:43 pm

Well we can't spend all our time on hypotheticals. Seriously. Nothing is 100% failsafe. The answer is ... don't agree with something if it's not right.
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Re: Which 'notices' are required to be returned to the LL?

Postby sr77 » Mon Sep 17, 2018 11:40 am

I've received a letter from an attorney for the LL, together with some (but not all) of the documents LL had previously demanded I sign as a precondition of renewing the lease. The attorney demanded that I sign & return them.

These included a 12-pg. rider ("New York City LEASE Rider for Rent Stabilized Tenants"), a document that had not been sent previously. The document, identified as RA-LR1 (2/18), has (on its p.3) a:

↳ "Section 2 - This section needs to be completed for vacancy and renewal leases"

↳ and the clause:

"The Tenant named in the lease hereby acknowledges the contemporaneous receipt of the above lease rider for the housing accommodation stated above."

↳ Followed by a signature line.

So it appears that at least this page is supposed to be signed & returned to the LL.

Is it?

Thanks.
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Re: Which 'notices' are required to be returned to the LL?

Postby sr77 » Mon Sep 17, 2018 11:43 am

TenantNet wrote:Well we can't spend all out time on hypotheticals. Seriously. Nothing is 100% failsafe. The answer is ... don't agree with something if it's not right.

So the specific protection of the "can't waive your rights" clause -- i.e., what it covers (&, if applicable, doesn't cover) -- isn't spelled out anywhere that you know of?
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Re: Which 'notices' are required to be returned to the LL?

Postby TenantNet » Mon Sep 17, 2018 12:03 pm

My LL tried the same thing with the DHCR lease rider. I refused to sign it. (who is your LL? - respond via Private Mail if you wish).

When I got that, I called DHCR and asked them if it's required? I said please tell me which section of the RSL or RSC requires I sign and return it? And if I don't, does that give the LL the right to refuse to renew my lease?

The answer I got from DHCR was that there was nothing in the RSC or their regs that required this. It was optional, and only used for the benefit of LLs when/if tenants complained about not receiving the rider. You can see the LL lobby at work here. DHCR will not meet with tenant groups.

And they also told me that failure to sign does not give LL the right to refuse to renew the lease.

Remember the rider is only informational. It does not create new rights for tenants or for landlords.

I would encourage you to also call DHCR. If they're honest, they will give you the same answer, but every so often, you will get an unknowing bureaucrat on the line, so you may need to push the issue.

Let's put it this way. I didn't sign it. My LL refuses to give me a lease. My rent hasn't gone up. I'm still in my RS unit.
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Re: Which 'notices' are required to be returned to the LL?

Postby sr77 » Mon Sep 17, 2018 2:42 pm

TenantNet wrote:Let's put it this way. I didn't sign it. My LL refuses to give me a lease. My rent hasn't gone up. I'm still in my RS unit.

Doesn't sound like your LL has a lawyer chasing your tail, tho. Mine would never allow a rent increase to go by.

Seems like your LL has decided you're too hot to handle. Poor fella's just given up. Thrown in the towel. Probably rues the day he rented to you. :D
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Re: Which 'notices' are required to be returned to the LL?

Postby sr77 » Tue Sep 18, 2018 11:34 am

Any advice on how to respond to a lawyer's letter in this situation -- i.e., re non-compliance with LL's demand for return of signed documents other than the renewal leases & subsequent refusal to renew?

I'm aware that I can file a complaint with DHCR, at the moment am just asking about a best response to the lawyer's letter.

Thanks.
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