No, owners who select to offer an electronic lease must first get the occupant's voluntary written authorization on form EL-TVC Electronic Lease Offer: Tenant's Voluntary Consent Form.
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Tenants who voluntarily concur with the offer might sign the authorization kind digitally and return it digitally or if necessary, sign the consent type by hand and return the type to the owner by postal mail or personal service. If there are multiple occupants named on the lease, other than spouses or domestic partners, each tenant should provide their signature to license authorization to the electronic deal supplied by the owner.
Any occupant who thinks that they are being coerced into signing the voluntary authorization form, is threatened with retaliation for refusing to sign, or asserts their signature was fraudulently added to the type, can file a DHCR Tenant's Statement of Complaint(s) - Harassment (RA-60h).
For more details on the rights and duties, directions, and procedures regarding electronic lease renewal offerings, see Operational Bulletin 2022-1 and form EL-TVC.
2) Just how much of an increase in rent will I need to pay when my lease is renewed?
The owner might charge a rent increase based upon lease standards authorized by the suitable Rent Guidelines Board. In particular circumstances, the rent boost might be calculated to include suitable Major Capital Improvement or Individual Apartment Improvement boosts. To learn more, including current lease guidelines, see Fact Sheet # 26.
3) Do I have a right to renew my lease?
Tenants in rent stabilized apartment or condos have a right to pick a one- or two-year renewal lease term. Generally, the renewal lease need to keep the exact same terms and conditions as the expiring lease. For more details, see Fact Sheet # 4.
4) Under rent stabilization when must the renewal lease be used?
In New York City City (NYC), owners must offer written notification of renewal by mail or personal shipment not more than 150 days and not less than 90 days before the existing lease ends. Outside of NYC, owners should first sign and date the renewal notification, and after that send it by certified mail not more than 120 days and not less than 90 days before the existing lease ends. Tenants have 60 days to choose a lease term, sign the lease, and return it to the owner. Failure to react within 60 days of the lease offering might lead to expulsion procedures. For more details, see Fact Sheet # 4.
5) What if my owner does not use me a renewal lease?
An occupant must first contact the owner to acquire a lease. If the owner fails to supply a renewal lease, the renter has a right to submit a grievance with DHCR on type RA-90, Tenant's Complaint Of Owner's Failure To Renew Lease And/Or Failure To Furnish A Copy of A Signed Lease. For more details, see Fact Sheet # 4.
6) When a lease has multiple tenants named on the lease, what is the effect on the rent to be charged at the time of the lease renewal, when among the called tenants vacates?
In the event that 2 renters are called on a lease and one occupant vacates, the staying tenant is entitled to a lease renewal in their name. However, if the staying occupant wants to include a new renter to replace the abandoning occupant, it is up to the owner to approve of this. If approved, the owner is entitled to release a job lease with any legal lease increases.
7) Are the partners in lawfully performed same sex marital relationships, entitled to the same lease defenses relevant to spouses in legally carried out opposite sex marriages?
Yes. This will widen the scope of both how succession rights can use and the right to consist of the name of a spouse on the lease.
8) Does an occupant in a rent stabilized apartment can include their partner's name to the lease?
Yes. The renter can demand that the owner include the name of his, her or their partner to the lease as an extra renter if the spouse lives in the apartment or condo as a main residence. The owner is required to include the additional names at the time of lease renewal. There is no lease boost associated with this modification, other than the approved renewal lease increase rates in result at the time of renewal.
9) Is the landlord permitted to collect additional security deposit money at the time of a lease renewal, while a DHCR lease reduction order is in effect?
Yes, provided that the landlord has actually offered, and the tenant has accepted a lease renewal. This includes rent decreases for fire damaged or uninhabited order apartments where the lease has actually been reduced to $1.00.
10) Under what situations can the collection of a down payment be waived?
When an owner states in composing that a security deposit is no longer required and returns it in its whole, the owner waives their right to gather any security deposit in the future from an existing renter. This waiver will use to any subsequent new owner who can not request a down payment from this tenant.
When there is a change in ownership of a building, and the new owner requests a down payment from a tenant where the prior owner did not request it, the brand-new owner can collect a security deposit only if the tenant's job lease consists of a provision for a security deposit, with a quantity specified. If it does not contain this provision, the new owner can not charge the renter a down payment.
11) My structure owners believed that I no longer used my home as my main house due to my yearly winter season residency in Florida. As an outcome, they did not use me a timely lease renewal. However, they stopped working to show this in court and now have to offer me a renewal lease. When does it commence and what are my rights?
In New York City, renewal leases are required to be offered between 90 and 150 days prior to the expiration of a lease.
In this situation, the owners would use a renewal lease less than 90 days prior to the expiration of the existing lease. Therefore, the tenant has the alternative of asking for that the lease be dated to start on (1) the date a renewal lease would have begun had a prompt offer been made or (2) on the very first rent payment date happening a minimum of 90 days after the date that the owner does offer the lease to the occupant.
The guideline increase to be charged can never be more than the rate in impact on the date in alternative (1 ). Whether the occupant selects choice (1) or (2 ), the new rent will not go into impact before the very first rent payment date taking place a minimum of 90 days after the deal is made. For more information, see Fact Sheet # 4.
While non-primary house problems are solely identified by the courts, the lease stabilization code discusses numerous elements to be considered when making a decision. These elements include however are not limited to the addresses on income tax return, automobile registrations, chauffeur licenses, voting addresses, and tenancy of a housing accommodation of less than 183 days.
12) My first lease consisted of an arrangement that restricted the ownership of animals on the rental residential or commercial property. However, I purchased a dog and it has been living in the house with me for 4 years. The owner is threatening to not restore my lease and/or to evict me because of my insistence on keeping my pet. What are my rights?
The right to own a family pet is determined mainly by lease arrangements but is also subject to N.Y.C Admin. Code Sec. 27-2009.1, typically called the "Pet Law." Issues emerging under the Pet Law are not decided by this company. Matters that can not be settled between the parties ought to be brought to court.
The Pet Law offers in part that where an occupant harbors a family pet for three months or more and the owner or his, her or their agent has understanding of this reality however fails within this three month period to proceed to court to impose the lease provision that restricts family pets, the lease arrangement shall be considered waived.
However, the lease provision can not be waived if the damages the facilities, creates a nuisance, or disrupts the health, security, or welfare of other renters.
To see Section 27-2009.1, see page 12 of the NYC Housing Maintenance Code.
13) Can owners require tenants to purchase rental insurance for their apartments?
Owners are only enabled to require renters to purchase rental insurance coverage for their apartments if it is included as an arrangement in their vacancy leases. It can not be added for the very first time to a renewal lease. In lack of that job lease arrangement, owners are not allowed to require the purchase of rental insurance coverage.
14) Are owners required to accept lease checks signed by somebody who is not named on the lease?
No. Owners are not needed to accept lease checks signed by somebody who is not the occupant of record, named on the lease.
15) A home subject to rent control is left. It is now being rented as rent supported for the very first time. Can the owner charge the renter a preferential rent that is less than the Initial rent supported rent?
The rent actually charged and paid by the very first supported occupant is the preliminary rent stabilized lease. Therefore, in many situations there can not be an extra preferential rent. Exceptions exist if the subject house goes through a regulative agreement and the monitoring agency develops a lower lease.
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Leases (Down Payment, Roommates, Sublets, And More).
Camilla Coffill edited this page 2025-08-21 16:33:04 +03:00