1 800-518-0890LEASES
A tenant moving into a rent stabilized apartment for the first time has the option of choosing either a one- or a two-year lease, and the landlord is required to abide by the tenant's choice.
The landlord must send you prior notice at least 150 and not less than 120 days before the lease is due to expire. This notice must be sent on a standard form issued by the State Division of Housing and Community Renewal (DHCR), designated "RPT-8". You must respond to this notice within 60 days of receiving it, choosing either a one- or two-year renewal lease. Your response will constitute a renewal lease. It is a good idea to make and keep a copy of this form before you send it back to the landlord.
The rent adjustment for your initial lease and each subsequent renewal must be within the limits announced by the Rent Guidelines Board. This agency is appointed by the Mayor and sets rent guidelines that change every year. The guidelines are announced each year about July 1, and affect new and renewal leases that take effect on or after the following October 1. For the period extending from October 1, 1989 until September 30, 1990 the guidelines allow increases of 5.5% for a one-year lease and 9% for a two-year lease, with an additional 12% vacancy allowance added to a new lease. Also, some tenants renting apartments for less than $325 per month can be charged an extra $5 monthly rent increase.
By law, leases must be written in "plain English", and both new and renewal leases must have attached a detailed description of tenant's rights. This is also printed on a standard form known as the DHCR Lease Rights Rider. The rent paid by the prior tenant must also be shown on the rider attached to a new lease.
If your original lease was written in "legalese", it is important
to check that subsequent plain English renewals contained the same terms and conditions as the original.
Renewal leases are not permitted to reduce any rights granted under the first lease.
Rent controlled tenants generally do not have leases, and are considered "statutory tenants" who have the right to remain in their apartments for as long as they choose.
Rent increase orders are sent to rent controlled tenants at the start of each year, establishing the maximum collectible rent for the apartment and charges that are allowable for fuel and labor costs. These orders will be sent by mail under the supervision of the DHCR. If there is a dispute regarding the rent, the DHCR is responsible for resolving the dispute.