No, owners who pick to offer an electronic lease needs to first acquire the tenant's voluntary written authorization on type EL-TVC Electronic Lease Offer: Tenant's Voluntary Consent Form.

Tenants who willingly agree with the deal may sign the consent form electronically and return it electronically or if necessary, sign the consent type manually and return the form to the owner by postal mail or personal service. If there are several occupants called on the lease, besides spouses or domestic partners, each tenant should offer their signature to authorize grant the electronic deal provided by the owner.

Any renter who thinks that they are being pushed into signing the voluntary consent kind, is threatened with retaliation for refusing to sign, or asserts their signature was fraudulently contributed to the type, can file a DHCR Tenant's Statement of Complaint(s) - Harassment (RA-60h).

To find out more 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 lease will I need to pay when my lease is renewed?

The owner might charge a rent boost based upon lease guidelines approved by the relevant Rent Guidelines Board. In certain circumstances, the lease increase may be computed to consist of appropriate Major Capital Improvement or Individual Apartment Improvement increases. To learn more, including present lease guidelines, see Fact Sheet # 26.

3) Do I have a right to renew my lease?

Tenants in lease stabilized homes have a right to choose a one- or two-year renewal lease term. Generally, the renewal lease should keep the exact same terms as the expiring lease. For additional information, see Fact Sheet # 4.

4) Under lease stabilization when must the renewal lease be provided?

In New York City (NYC), owners should 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 expires. Beyond NYC, owners should initially sign and date the renewal notification, and after that send it by qualified mail not more than 120 days and not less than 90 days before the existing lease expires. Tenants have 60 days to pick a lease term, sign the lease, and return it to the owner. Failure to respond within 60 days of the lease offering might result in eviction proceedings. For additional information, see Fact Sheet # 4.

5) What if my owner does not offer me a renewal lease?

A tenant must initially get in touch with the owner to get a lease. If the owner stops working to offer a renewal lease, the occupant has a right to file a complaint with DHCR on kind RA-90, Tenant's Complaint Of Owner's Failure To Renew Lease And/Or Failure To Furnish A Copy of A Signed Lease. For additional information, see Fact Sheet # 4.

6) When a lease has several tenants named on the lease, what is the impact on the rent to be charged at the time of the lease renewal, when one of the called occupants leaves?

On the occasion that two renters are called on a lease and one renter vacates, the staying occupant is entitled to a lease renewal in their name. However, if the staying tenant desires to include a new tenant to replace the leaving tenant, it is up to the owner to authorize of this. If authorized, the owner is entitled to issue a vacancy lease with any lawful rent boosts.
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7) Are the partners in lawfully performed exact same sex marriages, entitled to the exact same rent defenses suitable to spouses in legally performed opposite sex marriages?

Yes. This will widen the scope of both how succession rights can apply and the right to include the name of a partner on the lease.

8) Does a tenant in a lease supported apartment or condo deserve to include their partner's name to the lease?

Yes. The renter has the right to request that the owner add the name of his, her or their spouse to the lease as an additional tenant if the spouse resides in the apartment as a main house. The owner is needed to include the extra names at the time of lease renewal. There is no rent boost connected with this modification, other than the approved renewal lease boost rates in impact at the time of renewal.

9) Is the landlord allowed to gather additional security deposit money at the time of a lease renewal, while a DHCR rent reduction order is in result?

Yes, supplied that the proprietor has actually offered, and the occupant has actually accepted a lease renewal. This includes rent decreases for fire damaged or uninhabited order apartments where the rent has been lowered to $1.00.

10) Under what circumstances can the collection of a down payment be waived?

When an owner states in writing that a down payment is no longer needed and returns it in its totality, the owner waives their right to gather any security deposit in the future from an existing tenant. This waiver will apply to any subsequent brand-new owner who can not ask for a down payment from this renter.

When there is a change in ownership of a building, and the brand-new owner demands a security deposit from a tenant where the previous owner did not request it, the brand-new owner can gather a down payment just if the tenant's vacancy lease includes a provision for a down payment, with an amount specified. If it does not contain this provision, the brand-new owner can not charge the occupant a security deposit.

11) My structure owners believed that I no longer utilized my apartment as my primary residence due to my yearly winter residency in Florida. As a result, they did not use me a timely lease renewal. However, they failed to show this in court and now need to offer me a renewal lease. When does it commence and what are my rights?

In New York City, renewal leases are needed to be offered in 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 renter has the alternative of asking for that the lease be dated to begin on (1) the date a renewal lease would have begun had a been made or (2) on the first lease payment date taking place at least 90 days after the date that the owner does use the lease to the renter.

The standard boost to be charged can never be more than the rate in result on the date in choice (1 ). Whether the occupant picks option (1) or (2 ), the brand-new rent shall not go into result before the first rent payment date occurring a minimum of 90 days after the offer is made. For more details, see Fact Sheet # 4.

While non-primary residence issues are specifically figured out by the courts, the rent stabilization code mentions several aspects to be taken into account when making a decision. These elements include but 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 included a provision that forbade the ownership of animals on the rental residential or commercial property. However, I bought a canine and it has actually been living in the apartment with me for four years. The owner is threatening to not restore my lease and/or to evict me because of my persistence on keeping my family pet. What are my rights?

The right to own an animal is identified mostly by lease arrangements however is also subject to N.Y.C Admin. Code Sec. 27-2009.1, commonly called the "Pet Law." Issues emerging under the Pet Law are not decided by this firm. Matters that can not be settled in between the celebrations ought to be given court.

The Pet Law offers in part that where a tenant harbors a family pet for 3 months or more and the owner or his, her or their agent understands this reality but stops working within this 3 month period to proceed to court to impose the lease arrangement that restricts pets, the lease provision will be considered waived.

However, the lease provision can not be waived if the animal damages the properties, develops an annoyance, or hinders the health, safety, or well-being of other tenants.

To view Section 27-2009.1, see page 12 of the NYC Housing Maintenance Code.

13) Can owners need tenants to buy rental insurance coverage for their apartment or condos?

Owners are only permitted to require renters to purchase rental insurance for their houses if it is included as a provision in their vacancy leases. It can not be included for the very first time to a renewal lease. In lack of that job lease provision, owners are not enabled to need the purchase of rental insurance coverage.

14) Are owners needed to accept lease checks signed by somebody who is not named on the lease?

No. Owners are not needed to accept rent checks signed by somebody who is not the renter 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 tenant a preferential rent that is less than the Initial lease stabilized lease?

The rent in fact charged and paid by the first stabilized tenant is the preliminary rent supported rent. Therefore, in a lot of scenarios there can not be an extra preferential rent. Exceptions exist if the subject apartment or condo undergoes a regulative contract and the monitoring agency establishes a lower rent.