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For tenants and landlords in New York City navigating the complexities of lease renewals under the Rent Stabilization Code, the Renewal Lease NYC form plays a pivotal role. Acting in accordance with Section 2523.5(a) of the Rent Stabilization Code, this document serves as both a notification of lease expiration and an offer for lease renewal, which must be signed and returned to the landlord within a 60-day window. The form details options for renewal terms, outlining the legal rent adjustments based on the Rent Guidelines Board's annual orders, security deposit requirements, additional charges for amenities, and any lower rent options agreed upon. Maintenance of the premises, including the inspection of operative sprinkler systems, alongside tenants' rights to SCRIE or DRIE benefits for rent reductions, are also addressed. Furthermore, the form underscores the importance of the attached New York City Lease Rider, summarizing the rights and obligations under the Rent Stabilization Law. Through a structured process involving clear instructions for both parties, the Renewal Lease NYC form ensures a legally compliant pathway for extending tenants' occupancy under renewed terms reflective of current regulations and guidelines.

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RENEWAL LEASE FORM

Owners and Tenants should read INSTRUCTIONS TO OWNER and INSTRUCTIONS TO TENANT

on reverse side before filling out or signing this form

THIS IS A NOTICE FOR RENEWAL OF LEASE AND RENEWAL LEASE FORM ISSUED UNDER SECTION 2523.5(a) OF THE RENT STABILIZATION CODE. ALL COPIES OF THIS FORM MUST BE SIGNED BELOW AND RETURNED TO YOUR LANDLORD WITHIN 60 DAYS.

Dated: ________________________ 20_________

 

Tenant's Name(s) and Address:

Owner's /Agent's Name and Address:

___________________________________

__________________________________

___________________________________

__________________________________

___________________________________

__________________________________

___________________________________

__________________________________

1.The owner hereby notifies you that your lease will expire on:

 

 

 

 

 

 

PART A - OFFER TO TENANT TO RENEW

 

 

 

 

2. You may renew this lease, for one or two years, at your option, as follows:

 

 

 

 

 

 

 

Column A

 

Column B

 

 

Column C

 

Column D

 

Column E

 

Column F

 

 

 

 

 

 

 

 

 

 

Renewal

 

Legal Rent on

 

 

Guideline % or

 

Applicable Guideline

 

Lawful Rent Increase,

 

New Legal Rent

 

 

Term

 

Sept.30th Preceding

 

 

Minimum $ Amount

 

Supplement, if any

 

if any, Effective after

 

(If a lower rent

 

 

 

 

Commencement

 

 

 

 

 

 

 

 

 

 

 

(If unknown, check box

 

 

 

 

Sept. 30th

 

is to be charged,

 

 

 

 

Date of this

 

 

 

 

 

 

 

 

 

 

 

 

 

and see below)*

 

 

 

 

 

 

check box and see item

 

 

 

 

Renewal Lease

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5 below)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 Year

 

$_______________

 

(

%) $___________

 

$______________

 

$______________

 

$______________**

 

 

2 Years

 

Same as above

 

(

%) $___________

 

$______________

 

$______________

 

$______________

 

*If applicable guideline rate is unknown at time offer is made, check box in Column C and enter current guideline which will be subject to adjustment when rates are ordered.

**Rent Guidelines Board Order #53 applies to leases commencing between 10/1/21 and 9/30/22. The one (1) year lease guideline increase cannot be applied until the final six (6) months of the lease. There is no guideline increase in the first six (6) months.

3.Security Deposit: *** Collectable after the sixth (6) month of a one-year lease renewal.

Current Deposit: $______________

Additional Deposit Required - 1 year lease:

$___________***

 

Additional Deposit Required - 2 year lease:

$___________

4. Specify separate charges, if applicable:

a. Air conditioner :

$___________

c.

421a (2.2%): $___________

Total separate charges: $_____________

b. Appliances

:

$___________

d.

Other: ________________ $_____________

 

 

 

5. Lower Rent to be charged, if any. 1 year lease $__________, 2 year lease $__________ Agreement attached: Yes

 

No

 

 

 

6.Tenant shall pay a monthly rent (enter amount from 2F or 5) of $______________ for a 1 year renewal or $ ___________ for a 2 year renewal, plus total separate charges (enter amount from 4) $_____________ for a total monthly payment of $_____________ for a 1 year renewal or $____________ for a 2 year renewal.

7.This renewal lease shall commence on ____________________, which shall not be less than 90 days nor more than 150 days from the date of mailing or personal delivery of this Renewal Lease Form. This Renewal Lease shall terminate on ___________________ (1 year lease) or ____________________ (2 year lease).

8.This renewal lease is based on the same terms and conditions as your expiring lease. (See instructions about additional provisions.)

9.SCRIE and DRIE. Owner and Tenant acknowledge that, as of the date of this renewal, Tenant is entitled to pay a reduced monthly rent in the amount of $ _______________ under the New York City SCRIE program or the New York City DRIE program. The reduced rent may be adjusted by orders of such program.

10. Leased premises does

 

 

, does not

 

have an operative sprinkler system. If operative, it was last maintained and inspected

on ____________________

 

.

 

 

 

This form becomes a binding lease renewal when signed by the owner below and returned to the tenant. A rider setting forth the rights and obligations of tenants and owners under the Rent Stabilization Law must be attached to this lease when signed by the owner and returned to the tenant. The rent, separate charges and total payment provided for in this renewal lease may be increased or decreased by order or annual updates of the Division of Housing and Community Renewal (DHCR) or the Rent Guidelines Board (RGB).

PART B - TENANT'S RESPONSE TO OWNER

Tenant: Check and complete where indicated one of three responses below after reading instructions on reverse side. Then date and sign your response below. You must return this Renewal Lease Form to the owner in person or by regular mail, within 60 days of the date this Notice was served upon you by the owner. Your failure to do so may be grounds for the commencement of an action by the owner to evict you from your apartment.

I (we), the undersigned Tenant(s), accept the offer of a one (1) year renewal lease at a monthly rent of $______________, plus

separate charges of $______________ for a total monthly payment of $______________. **No rent increase in the first six (6) months.

I (we), the undersigned Tenants(s), accept the offer of a two (2) year renewal lease at a monthly rent of $______________, plus

separate charges of $______________ for a total monthly payment of $______________.

I (we) will not renew my (our) lease and I (we) intend to vacate the apartment on the expiration date of the current lease.

 

 

 

Tenant's Signature(s):

Dated:

20

 

 

Dated:

20

 

Owner's Signature(s):

RTP-8 (6/21)

INSTRUCTIONS TO OWNER

At least two copies of this completed Renewal Lease Form must be mailed to the tenant in occupancy or personally delivered not more than 150 days and not less than 90 days prior to the end of the tenant's lease term, along with the New York City Lease Rider For Rent Stabilized Tenants.

If the owner offers a Renewal Lease less than 90 days prior to the expiration of the existing lease, the lease term selected by the tenant shall begin at the tenant's option either (1) on the date a renewal lease would have begun had a timely offer been made or (2) on the first rent payment date occurring no less than 90 days after the date that the owner does offer the lease to the tenant. The guidelines rate applicable for such lease shall be no greater than the rate in effect on the commencement date of the lease for which a timely offer should have been made, and the increased rental shall not begin before the first rent payment date occurring no less than 90 days after such offer is made.

The owner must fully complete PART A on the reverse side of this Form explaining how the new rent has been computed. Any rent increase must not exceed the applicable Rent Guidelines Board adjustment(s) plus other adjustments authorized by the Rent Stabilization Code.

Tenants that were paying a preferential rent as of June 14, 2019 or thereafter, retain the preferential rent for the life of the tenancy. Rent Guidelines Board increases and other increases allowed by the Rent Stabilization Law are to be applied to the preferential rent.

This Renewal Lease must be offered on the same terms and conditions as the expiring lease, except for such additional provisions as are permitted by law or the Rent Stabilization Code which must be set forth by the owner and attached to this Form. If there are any additional lawful agreements between the owner and tenant, a copy signed by both parties must be attached to this Form.

The tenant must return to the owner all copies of this Form, completed and signed by the tenant in PART B on the reverse side of this Form.

The owner must furnish the tenant with a fully executed copy of this Renewal Lease Form bearing the tenant's and owner's signatures in PART B, and a copy of the DHCR New York City Lease Rider, within 30 days of the owner's receipt of this Form signed by the tenant. Service of this fully executed Form, upon the tenant, constitutes a binding renewal lease. If the owner fails to furnish the tenant with a fully executed copy of this Form within 30 days of receipt of the Form signed by the tenant, the tenant shall continue to have all rights afforded by the Rent Stabilization Law and Code, and the owner will be barred from commencing any action or proceeding against the tenant based upon non-renewal of lease.

INSTRUCTIONS TO TENANT

(Read Owner's and Tenant's Instructions carefully before completing this Renewal Lease Form)

If you wish to accept this offer to renew your lease, you must complete and sign this Renewal Lease Form in the space provided in PART B on the reverse side of this Form, and you must return all copies of the signed Lease Form to the owner in person or by regular mail within

60 days of the date this Form was served upon you. You may wish to make a copy for your own records. If you do not sign and return this

Renewal Lease Form within the prescribed 60-day period, the owner may have grounds to start proceedings to evict you from your apartment.

Before you complete and sign PART B and return this Renewal Lease Form, be sure to check that all lawful provisions and written agreements have been attached by the owner to this Form. Please read all attachments carefully. If such other lawful provisions appear, they are part of this lease renewal offer and renewal lease. If there are any lawful agreements between you and the owner, attached copies must be signed by both parties.

If the owner agrees to a rent which is lower than the legal regulated rent, this lower amount should be entered in item 5 on the reverse side of this Form, and a signed copy of the agreement should be attached. You may not change the content of this Renewal Lease Form without the owner's written consent. If a "lower rent" amount is listed in item 5 and such rent is a "preferential rent," upon renewal the owner may not increase the rent to the legal rent listed in item 2F. Tenants that were paying a preferential rent as of June 14, 2019, retain the preferential rent for the life of the tenancy. Rent Guidelines Board increases and other increases allowed by the Rent Stabilization Law are to be applied to the preferential rent.

Your acceptance of this offer to renew shall constitute a renewal of the present lease for the term of years and rent accepted, subject to any other lawful changes which appear in writing on the attachments to this Form, and subject also to payment of the new rent and additional security, if any. Such additional security shall be deposited by the owner in the manner provided for on initial occupancy. However, pursuant to the Housing Stability and Tenant Protection Act of 2019, an owner can hold no more than one month security deposit. Anything in excess of one month must be refunded to the tenant.

Please refer to the New York City Lease Rider for a summary of tenants' rights and owners' responsibilities.

State of New York

Division of Housing and Community Renewal

Office of Rent Administration/Gertz Plaza

92-31 Union Hall Street

Jamaica, New York 11433

Web Site: www.hcr.ny.gov

RTP-8 (6/21)

Document Attributes

Fact Description
Governing Law This form is issued under Section 2523.5(a) of the Rent Stabilization Code.
Time Frame for Response Tenants must return the signed renewal lease form to the landlord within 60 days of receipt.
Lease Renewal Options Tenants have the option to renew their lease for one or two years.
Rent Adjustment Rent may be increased based on the Rent Guidelines Board Order and other lawful adjustments.
Security Deposit Additional security deposit may be required, collectable after the sixth month of a one-year lease renewal.
Preferential Rent Tenants paying a preferential rent as of June 14, 2019, or thereafter, retain the preferential rent for the life of the tenancy.

How to Fill Out Renewal Lease Nyc

When it comes time to renew a lease in New York City, tenants and landlords are tasked with navigating the Renewal Lease Form. This process is essential for ensuring that both parties agree on the terms of the continuation of tenancy under the Rent Stabilization Code. Filling out this form correctly is imperative to maintain clarity and legal standing for both the tenant and the owner. Here’s a step-by-step guide to walk you through this process:

  1. Date the form: At the very top, fill in the date when you are filling out the form.
  2. Enter Tenant's and Owner's/Agent's Names and Addresses: Clearly print the tenant’s name(s) and current address on the designated lines. Follow this by entering the owner’s or agent's name and address.
  3. Lease Expiration: In the section labeled “1. The owner hereby notifies you that your lease will expire on:” enter the lease expiration date.
  4. Review and Choose Renewal Terms: Carefully read the options under part A - OFFER TO TENANT TO RENEW, which allows the choice between a one-year and a two-year lease renewal. Make a decision based on your preference and financial situation.
  5. Fill in the Financial Details: Enter the amounts for the renewal legal rent, the guideline increase percentages, and the new legal rent in columns A through F for the term (1 year or 2 years) you are selecting.
  6. Security Deposit Information: In section 3, update the current security deposit amount and, if applicable, the additional deposit required for the lease term you have selected.
  7. Separate Charges: If applicable, list the separate charges for items such as air conditioners or appliances in section 4 and add any lower rent agreement in section 5.
  8. Calculate Total Monthly Payment: In section 6, input the monthly rent and total separate charges to determine the total monthly payment for the renewal term.
  9. Lease Commencement and Termination Dates: Specify the start and end dates of the renewal lease in section 7, ensuring compliance with the given window for lease renewal dates.
  10. Review Terms and Conditions: Acknowledge that the renewal lease is based on the same terms and conditions as the expiring lease, and any deviations are properly documented, as indicated in section 8.
  11. SCRIE/DRIE Acknowledgment: If applicable, both the owner and tenant should acknowledge the reduced monthly rent under the SCRIE or DRIE program in section 9.
  12. Sprinkler System Disclosure: Confirm the presence or absence of an operative sprinkler system in the leased premises as required in section 10.
  13. Owner and Tenant Signatures: Both the tenant(s) and the owner must sign the form, indicating agreement to the terms of the lease renewal.
  14. Choose the response to the offer: Under PART B - TENANT'S RESPONSE TO OWNER, check and complete one of the three responses, sign, and date the form.

After completing these steps, ensure you return the signed form to your landlord within the mandated 60-day period to secure your lease renewal. Both the tenant and the landlord must retain a copy of the completed and signed Renewal Lease Form for their records. This form, once duly filled and signed by both parties, reaffirms the tenant's continued occupancy under the agreed terms, ensuring continuity and legal protection for both the tenant and the landlord.

More About Renewal Lease Nyc

  1. What is a Renewal Lease Form in NYC?

    A Renewal Lease Form is a document that landlords in New York City must provide to tenants living in rent-stabilized apartments when it is time to renew their lease. This form notifies tenants that their current lease is expiring and offers them the option to renew their lease for a new term, typically one or two years, under specified conditions. This process, and the form itself, are governed by Section 2523.5(a) of the Rent Stabilization Code.

  2. How does the rent increase work with a lease renewal?

    Rent increases for lease renewals in rent-stabilized apartments are determined by the Rent Guidelines Board (RGB) and are specified in the Renewal Lease Form. The form will outline the legal rent increase percentage or dollar amount for both one-year and two-year lease renewals. These increases are subject to rent stabilization rules and may also include adjustments for any lawful rent supplements or separate charges that are applicable to the unit. It's notable that for leases commencing between specified dates, there may be restrictions on when an increase can be applied, such as no increase in the first six months of a one-year lease renewal.

  3. What are separate charges listed on the Renewal Lease Form?

    Separate charges are additional costs that a tenant may be required to pay on top of their monthly rent. These can include fees for air conditioners, appliances, or specific building-related charges such as a 421a tax abatement surcharge. The Renewal Lease Form will itemize these charges, if applicable, providing tenants with a clear understanding of any extra payments they are responsible for, in addition to the base rent.

  4. Can a tenant negotiate the rent or terms of the lease renewal?

    Typically, the terms of lease renewals for rent-stabilized apartments, including rent increases, are governed by the Rent Stabilization Code and are not negotiable. However, if a landlord agrees to a rent that is lower than the legal regulated rent, known as a preferential rent, this agreement must be documented and attached to the Renewal Lease Form. Tenants and landlords might also negotiate other lawful changes to the lease terms, which must be documented and attached to the lease renewal form as well.

  5. What happens if a tenant does not return the Renewal Lease Form within 60 days?

    If a tenant fails to return the signed Renewal Lease Form within the 60-day window provided, the landlord may have legal grounds to commence eviction proceedings. This strict deadline underscores the importance of tenants promptly reviewing, deciding, and acting upon the lease renewal offer to secure their housing.

  6. Are there any protections for tenants regarding security deposits with lease renewals?

    Yes. With the passage of the Housing Stability and Tenant Protection Act of 2019, landlords can no longer collect more than one month's rent as a security deposit from tenants, regardless of whether it's at the beginning of a tenancy or upon lease renewal. If a lease renewal prompts an increase in rent that would necessitate an additional security deposit according to past practices, the law now caps that requirement, ensuring the total security held does not exceed one month's rent. This measure provides tenants with enhanced financial protection and limits the upfront costs associated with renting in NYC.

Common mistakes

Filling out forms, especially ones related to housing, can be daunting. In New York City, renewing a lease involves a specific form that must be completed with care. The Renewal Lease NYC form is a key document for both tenants and landlords, ensuring the lease's continuation under agreed terms. However, mistakes can occur during this process, leading to potential issues down the road. Here are four common mistakes made when filling out this form:

  1. Not Reading the Instructions Carefully: Both the landlord and the tenant are provided with detailed instructions on how to correctly fill out and process the Renewal Lease form. Skipping over these instructions or not following them accurately can result in errors, such as incorrect rent calculations, misunderstanding the guidelines for renewal terms, or misinterpreting security deposit adjustments.

  2. Incorrect Rent Calculations: The form outlines how the new rent should be calculated, including allowable increases based on the New York City Rent Guidelines Board's adjustments. Misunderstanding these calculations or making errors in applying the guideline percentages can result in the wrong rent amount being agreed upon. This mistake not only affects the renewal lease but can also lead to disputes between the landlord and tenant.

  3. Omitting Essential Information: Each section of the form requires specific information, such as the tenant's name, address, and the lease's terms and conditions. Missing details, especially in sections regarding security deposits, terms of renewal, or separate charges (for items like air conditioners or appliances), can invalidate the form or lead to further administrative headaches.

  4. Failure to Attach Required Documents: The form mentions that additional documents, like the New York City Lease Rider for Rent Stabilized Tenants, need to be attached to the Renewal Lease Form when returned to the tenant. Overlooking the attachment of these essential documents can create legal issues and affect the enforceability of the lease renewal.

Understanding and avoiding these common mistakes can make the lease renewal process smoother for everyone involved. It's beneficial for both landlords and tenants to review the form and its instructions thoroughly, ensuring all information is accurate and complete before submission.

Documents used along the form

When you're dealing with the Renewal Lease NYC form, it's often not the only document you need to have in order. To ensure a smooth process, whether you're an owner or a tenant, there are several other forms and documents you might need to prepare or be familiar with. Here's a brief overview of each:

  • Lease Amendment Form: This form is used when both parties want to modify or amend specific terms of the current lease agreement without having to draft a new lease. Common amendments include changes to rent, the term of the lease, or pet policies.
  • Rent Stabilization Rider: For rent-stabilized apartments, this mandatory document provides specific information about the legal rights and obligations of tenants and owners under the Rent Stabilization Law.
  • Notice of Rent Increase: If the renewal lease includes a rent increase (within legal limits and guidelines), a tenant should receive this notice along with the Renewal Lease form, outlining the new rent amount and the reason for the increase.
  • Tenant Contact Information Form: This form collects updated contact information from the tenant, useful for maintaining communication about lease matters, emergency contacts, and notifications related to the building or unit.
  • Lead-Based Paint Disclosure Form: For buildings built before 1978, tenants must be provided with this form, disclosing the presence of lead-based paint or hazards known by the owners, along with an EPA-approved pamphlet on lead safety.
  • Window Guard Notice: In New York City, landlords must provide annual notice to tenants regarding window guards. This form indicates whether the tenant requires window guards to protect children from falls, a critical safety measure in multifamily buildings.

Understanding and preparing these documents, in addition to the Renewal Lease NYC form, helps ensure legal compliance and clear communication between tenants and landlords. Whether it's updating contact information, acknowledging rent increases, or ensuring safety with window guards and lead paint disclosures, each document plays an essential role in the leasing process. Familiarizing yourself with these forms can help both parties navigate lease renewals with greater ease and understanding.

Similar forms

The Renewal Lease NYC form, crucial for tenants and landlords navigating the rent stabilization framework, shares similarities with various other legal documents, each serving specific purposes in different contexts. Here's a look at ten such documents and their parallels to the renewal lease form:

  • Residential Lease Agreement: This document outlines the terms and conditions under which a tenant agrees to rent a property from a landlord for residential purposes. Like the Renewal Lease NYC form, it specifies rental amounts, terms, and tenant and landlord obligations, offering a foundation for the rental relationship.
  • Lease Amendment: A Lease Amendment modifies specific terms of an existing lease agreement, akin to how the Renewal Lease NYC form might adjust rent or lease terms at renewal. Both serve to update or change conditions without needing to draft a completely new lease.
  • Rent Increase Notice: This notice informs tenants of upcoming rent increases. Similarly, the Renewal Lease NYC form includes details about rent adjustments according to guidelines, illustrating how rents are recalculated at renewal.
  • Security Deposit Receipt: Acknowledges receipt of a tenant's security deposit. The Renewal Lease NYC form also discusses security deposits, including any additional amounts required upon renewal, showing the ongoing financial commitments of tenants.
  • Sublease Agreement: Allows a tenant to rent out their leased premises to another party. While not a renewal, it signifies how lease terms can permit occupants other than the original lessee, adding flexibility to tenant rights under certain conditions.
  • Notice to Vacate: A tenant or landlord issues this notice to end the lease. The response section of the Renewal Lease NYC form where a tenant may choose not to renew acts similarly, signaling the termination of the ongoing lease agreement.
  • Property Management Agreement: Establishes the relationship between a property owner and the manager. It parallels the Renewal Lease form in how it outlines responsibilities and expectations, but between owners and those they entrust with property oversight.
  • Notice of Rent Adjustment: Specifically for rent-stabilized or controlled units, it details official changes in rent, akin to the guideline increases referenced in the Renewal Lease NYC form, both adhering to regulations that protect tenant rights.
  • Lease Extension Agreement: Directly comparable to a renewal lease, it extends the term of an existing lease under similar terms, providing continuity for both tenant and landlord without re-negotiating the entire agreement.
  • Maintenance and Repair Agreement: Although not a lease form, it shares the responsibility aspect found in the Renewal Lease NYC form, which might include terms regarding maintenance and upkeep of the property, ensuring both parties understand their obligations.

Each of these documents, while serving unique purposes, shares a common thread with the Renewal Lease NYC form—establishing clear terms and protections for involved parties, ensuring that agreements are transparent, mutually agreeable, and in accordance with applicable laws.

Dos and Don'ts

When dealing with the Renewal Lease NYC form, there are several dos and don'ts that are pivotal for both tenants and landlords to ensure a smooth and compliant lease renewal process. Below are critical points to consider:

Do:
  • Read all instructions carefully provided to both the owner and tenant before filling out or signing the form to avoid any errors or misunderstandings.
  • Check and complete the appropriate sections accurately, especially when opting for a one or two-year lease renewal, to ensure the correct term and rent are agreed upon.
  • Return the completed Renewal Lease Form to the landlord within 60 days of receipt to avoid potential eviction proceedings due to non-renewal.
  • Ensure all additional lawful agreements or provisions are attached and signed by both parties if any exist beyond the standard lease terms.
  • Confirm the rent amount and any separate charges listed match your expectations and prior agreements to prevent disputes.
Don't:
  • Overlook the specified date range for the lease renewal commencement, as it cannot be less than 90 days or more than 150 days from the date of notification.
  • Ignore the requirement to attach a rider setting forth the rights and obligations under the Rent Stabilization Law once the form is signed by the owner and returned to the tenant.
  • Forget to examine and understand the conditions under which the rent, separate charges, and total payments can be increased or decreased by orders or annual updates from DHCR (Division of Housing and Community Renewal) or RGB (Rent Guidelines Board).
  • Disregard the security deposit details, especially noting the changes introduced by the Housing Stability and Tenant Protection Act of 2019, which limits the deposit an owner can hold to no more than one month's rent.
  • Alter the content of the Renewal Lease Form without the written consent of the owner, as this could invalidate the lease or lead to legal issues.

Adhering to these guidelines will facilitate a lawful and effective lease renewal process, protecting both tenant and landlord interests under the Rent Stabilization Code.

Misconceptions

Understanding the Renewal Lease form in New York City is crucial for both tenants and landlords, yet there are several misconceptions that often complicate the process. This list aims to clarify some of the most common misunderstandings.

  • Misconception 1: Tenants automatically receive a renewal lease form. While it is the landlord's responsibility to provide the renewal lease form at least 90 to 150 days before the current lease expires, tenants should not assume it will arrive without follow-up. Proactive communication with the landlord is key.

  • Misconception 2: Rent can only increase by the guideline percentage. While the renewal form lists guideline increases, actual rent may also include legal increases for individual apartment improvements or major capital improvements (MCIs), provided these have been approved by the Division of Housing and Community Renewal (DHCR).

  • Misconception 3: The renewal lease form must be signed and returned immediately. Tenants have 60 days from the receipt of the renewal lease form to review, sign, and return it to the landlord. This period allows tenants to consider their options and seek any necessary clarifications or legal advice.

  • Misconception 4: Security deposit requirements are fixed. Although the form mentions security deposits, it's important to remember that under the Housing Stability and Tenant Protection Act of 2019, landlords can hold no more than one month's rent as a security deposit, and any excess must be returned to the tenant.

  • Misconception 5: All additional charges are non-negotiable. While the form lists separate charges for amenities such as air conditioners or appliances, tenants may negotiate these fees or their inclusion in the rent, assuming the landlord agrees to such adjustments.

  • Misconception 6: Tenants have no recourse if they miss the 60-day deadline. Though failing to return the form within 60 days can lead to eviction proceedings, communication with the landlord can often resolve issues. If extenuating circumstances caused the delay, tenants should explain their situation and seek legal advice.

  • Misconception 7: The renewal lease cannot offer a lower rent than the legal regulated rent. In cases where a tenant and landlord agree to a preferential rent, this lower rent can be noted on the renewal form. As of June 14, 2019, tenants who were paying a preferential rent retain it for the life of their tenancy, subject to legal increases.

  • Misconception 8: Renewal leases must start immediately after the current lease ends. The start date of the renewal lease can be negotiated to suit the tenant or the landlord, provided it falls within the 90 to 150 days advance notice period. This flexibility can be important for planning moves or negotiating terms.

Understanding these nuances can empower tenants and landlords to navigate lease renewals more effectively, ensuring both parties are satisfied with the agreement.

Key takeaways

  • Both tenants and owners need to carefully read the instructions provided on the reverse side of the Renewal Lease Form before filling it out or signing it. This ensures both parties understand their rights and responsibilities under the Rent Stabilization Code.
  • The Renewal Lease Form must be signed and returned to the landlord within 60 days. This tight window emphasizes the importance of timely action by tenants to secure their lease renewal.
  • Tenants have the option to renew their lease for either one or two years, indicating flexibility in rental agreements under the Rent Stabilization Code. The choice between these options allows tenants to plan for their future with greater certainty.
  • Any rent increase outlined in the lease renewal offer must adhere to limits set by the Rent Guidelines Board, protecting tenants from excessive rent hikes.
  • Security deposit requirements upon lease renewal are strictly regulated. After the first six months of a one-year lease, an additional deposit may be required, reflecting regulations aimed at protecting tenants’ financial interests.
  • Renewal leases are mandated to commence between 90 to 150 days from the notice date, ensuring tenants receive adequate notice before needing to renew their lease and providing a structured timeline for both parties.
  • The renewed lease must maintain the same terms and conditions as the expiring lease, with the exception of lawful adjustments. This ensures continuity and stability for the tenant while allowing for necessary legal updates.
  • If a tenant fails to return the signed Renewal Lease Form within the 60-day period, they risk eviction proceedings, highlighting the critical nature of meeting this deadline.
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