Fact
Sheet #4 - Lease Renewal in Rent Stabilized Apartments
Tenants
in rent stabilized apartments have the right to select a lease renewal
for a one or two year term. Due to a recent change in legislation, tenants
receiving a New York City Senior Citizen Rent Increase Exemption (SCRIE)
can choose a one or two year lease renewal.
The
owner must give written notice of renewal by mail or personal delivery
not more than 150 days and not less than 90 days before the existing lease
expires. The offer to renew the lease for New York City tenants must be
on a Renewal Lease Form [DHCR
form RTP-8]. For tenants outside of New York
City, the renewal notice must be sent by certified mail not more than 120
days and not less than 90 days before the existing lease expires. To obtain
an approved form outside NYC, contact your local
Rent Office.
The owner may charge the tenant a Rent Guidelines Board authorized increase
based on the length of the renewal lease term selected by the tenant. The
law permits the owner to raise the rent during the lease term if the Rent
Guidelines rate was not finalized when the tenant signed the lease renewal.
A space appears on the Renewal Lease Form for the owner to either enter the
rent increase or check the box indicating that the authorized increase is
unknown at this time.
The renewal lease must keep the same terms and conditions as the expiring
lease unless a change is necessary to comply with a specific law or regulation.
Those lawful provisions and any other written agreements between the owner
and the tenant that would alter the expiring lease should be attached to
the Renewal Lease Form.
After the renewal offer is made, the tenant has 60 days to accept. If the
tenant does not accept within this 60 day period, the owner may refuse to
renew the lease and may also proceed in court to have the tenant evicted.
When a tenant signs the Renewal Lease Form and returns it to the owner,
the owner must return the fully signed and dated copy to the tenant within
30 days. A tenant does not sign a new lease since all lease renewals must
be on the Renewal Lease Form [DHCR
form RTP-8].
If the owner does not return a copy of the fully executed Renewal Lease
Form to the tenant within 30 days of receiving the signed lease from the
tenant, the tenant may file the "Tenant's Complaint of Owner's Failure
to Renew Lease and /or Failure to Furnish a Copy of a Signed Lease" [DHCR
form RA-90]. Upon filing the complaint, the tenant should pay the new rent
and wait to hear further from the DHCR for a determination.
An
owner can refuse to renew a lease for many legitimate reasons. The Rent Stabilization
Code and Law defines these reasons in detail, including:
- 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. For more information, write the Office of the Attorney General,
120 Broadway, 23rd Floor, Real Estate Financing Bureau, New York, N.Y.
10271.
When
a tenant receives the Lease Renewal Form, a copy of the Rent Stabilization
Rights Rider For Apartment House Tenants Residing in New York City must
be attached. The Rider will explain how the proposed rent was computed
and describe the rights and obligations of tenants and owners under the
Rent Stabilization Law. See Fact Sheet # 2, on Fact
Sheet on Rent Stabilization Lease Rider]. A renewal lease should
go into effect on or after the date that it is signed and returned to the
tenant. In general, the lease and any rent increase should not begin retroactively.
If
DHCR approves an application for a rent increase based on a major capital
improvement, the owner may charge the increase during the term of an existing
renewal lease only if the lease contains a clause specifically authorizing the owner to do so. A satisfactory lease clause would provide, "The
rent established in this renewal lease may be increased or decreased following
an order of DHCR or the Rent Guidelines Board."
For
more information or assistance, call the DHCR Rent InfoLine (718-739-6400)
or visit your Borough or County Rent Office.
DHCR
Version 3/22/06
RGB Page Updated 7/21/06
