New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400
NEW YORK CITY RENT STABILIZATION CODE
ADVISORY OPINION: 87-5 (OCTOBER 1, 1987)
This advisory opinion is issued pursuant to Section 2520.7 and
2527.11 of the Rent Stabilization Code.
Pursuant to Section 2522.5(c)(1) of the rent Stabilization Code
("Code"), the New York State Division of Housing and Community
Renewal ("DHCR"), has promulgated an English language version of
the new Rent Stabilization Lease Rider ("Rider"), which describes
the rights and duties of owners and tenants as provided for under
the Rent Stabilization Law ("RSL") and other laws. The Rider
also informs rent stabilized tenants signing vacancy leases of
the legal regulated rent in effect immediately prior to the
vacancy, and explains how the rental amount provided for in the
vacancy lease has been computed above the amount shown in the
most recent annual registration statement.
The Rider is only informational and its provisions do not modify
or become part of the lease. The Rider does not replace or
modify the RSL, the Code, or any order from the DHCR or the New
York City Rent Guidelines Board. The Rider must be in larger
type than the lease, and must be attached as an addendum to the
lease. Upon the face of each lease the following language must
appear in bold print: "ATTACHED RIDER SETS FORTH RIGHTS AND
OBLIGATIONS OF TENANTS AND LANDLORDS UNDER THE RENT STABILIZATION
LAW." ("LOS DERECHOS Y RESPONSABILIDADES DE INQUILINOS Y CASEROS
ESTAN DISPONIBLE EN ESPANOL").
1. SERVICE OF RIDER
Advisory Opinion 87-3 postponed to September 1, 1987 the
promulgation by the DHCR of the Rider required pursuant to
Section 2522.5(c)(1) of the Code, and to the extent that any
provisions thereof are not inconsistent with the Code, continued
the effectiveness until September 1, 1987 of the current Rider
promulgated by the DHCR in 1985.
Commencing October 1987, the new Rider is being made available to
owners and tenants at DHCR Public Information Offices, and it
would be inequitable to enforce the penalty provisions of Section
2522.5(c)(3) of the Code until owners have had adequate
opportunity to obtain the Rider. Therefore, the imposition of
such penalties is postponed to December 1, 1987. The current
Rider must continue to be attached to vacancy and renewal leases
commencing before December 1, 1987.
Owners may include an acknowledgment with the Rider indicating
that the tenant has received it, and are required to provide
every rent stabilized tenant with the Rider, as follows:
A. No later than February 1, 1988, to every current tenant who
signed a vacancy or renewal lease which commenced on or
after April 1, 1984, but prior to-December 1, 1987. Owners
may serve the Rider personally or by mail;
B. A copy of the Rider must be attached to every vacancy lease
signed by a new tenant which commences on or after December
C. A copy of the Rider must be attached to every renewal lease
(or DHCR Renewal Lease Form) which commences on or after
December l, l987.
D. Section 2522.5(c)(1) of the Code provides that a copy of the
Rider shall also be available in Spanish. Advisory Opinion
87-4 postponed to October 28, 1987 the promulgation by the
DHCR of the Spanish language version of the new Rider. Such
Spanish language version will be made available to owners by
the DHCR during the month of November. An owner must
deliver a copy of the Spanish language version upon request
to each rent stabilized tenant to whom the owner is required
to furnish a Copy of the Rider.
The penalty provisions described in section 2 of this Advisory
Opinion may be imposed where an owner fails to comply with a
request for the Spanish language version of the Rider.
A. A tenant who signs a vacancy or renewal lease (or DHCR
Renewal Lease Form) which commences on or after December 1,
1987, to which a copy of the Rider is not attached, or who
is not served with a copy of the Rider by February 1, 1988,
if applicable, may file for form RA-90 with the DHCR. This
form is called "Tenant's Complaint Of Owner's Failure To
Renew Lease And/Or Failure To Furnish A Copy Of A Signed
Lease." Tenants should use the reverse side of this form
(the additional comments section), specifying the
B. Upon complaint by a tenant, the DHCR will order the owner to
serve the Rider by certified mail. Non-compliance by the
owner within 20 days of such order will result in the denial
of any rent increases commencing on or after December 1,
1987, or February 1, 1988, whichever is applicable,
resulting from a guidelines lease adjustment, a Hardship, or
a Major Capital Improvement, until the Rider is served. The
service of the Rider will result in the prospective
elimination of such penalty. In addition, an owner who
fails to serve a tenant with a Rider after being ordered to
do so by the DHCR may be subject to monetary penalties.
3. "FOR VACANCY LEASES ONLY" SECTION OF RIDER
This section of the Rider contains 4 boxes. If the Rider is
attached to a renewal lease, the owner is not required to
complete this section. If the Rider is attached to a vacancy
lease, the owner must supply the required information to explain
how the rental amount provided for in the vacancy lease was
computed above the amount shown in the most recent annual
registration statement. Such increase above the amount set forth
in such registration statement must be in accordance with
adjustments permitted by the Rent Guidelines Board and the Code.
Box (a) If the apartment was rent stabilized at the time the
last tenant moved out, the owner must check this box
and fill in the last tenant's final monthly legal
regulated rent. The owner must then fill in all the
appropriate amounts and calculate the new rent total;
Box (b) If the tenant receiving the Rider is the first rent
stabilized tenant in the apartment, and the apartment
was rent controlled until the last tenant vacated, the
owner must check this box, but does not need to fill in
such last tenant's rent;
Box (c) If the new rental amount is based upon an initial or
restructured rent pursuant to a governmental program
(e.g., certain rehabilitations pursuant to the Private
Housing Finance Law), the owner must specify the
program and the rent;
Box (d) If none of the other boxes apply, for example, where an
owner is charging a first rent after an individual
apartment substantial rehabilitation, the owner should
check this box marked "other", specify the basis for
such other rent, and include the amount thereof.
4. AVAILABILITY OF RIDER
Copies of the English language version of the Rider are available
at the DHCR's Public Information Offices, and will also be
available at legal stationery stores. The Spanish language
version will be available at DHCR's Public Information Offices in
October 1, 1987
for Rent Administration
DHCR Advisory Opinions are issued by the New York State Division
of Housing and Community Renewal (DHCR) and represent the
agency's interpretation of the rent laws.
On any challenge or appeal, the agency may claim it has wide
"discretion" to interpret the rent laws as it sees fit, as long
as it's interpretation is not arbitrary, capricious or an abuse
of discretion. In such instances, the agency must show it's
interpretation is consistent with past practice and rational.
Discretion is different from mandates where the agency is obliged
to follow certain policies, practices or interpretations.
Mandates are usually based in (and stated in) the law.
In many instances, the agency refuses (or fails) to issue
official interpretations in order to maintain it's discretion. In
practice, such unaccountable discretion is seen by some as an
abuse of the intent of the rent laws.
Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies
of DHCR policy. The reader is advised to obtain true copies of
these documents from DHCR.
Also see DHCR Policy Statements, DHCR Operational Bulletins, the
Rent Stabilization Code, the Rent Stabilization Law and various
Rent Control Statutes.
Every attempt has been made to conform to the original Advisory
Opinions as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written. The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws. Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
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For more information or assistance. call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.
Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
One Fordham Plaza
Bronx, NY 10458
250 Schermerhorn St.
Brooklyn, NY 11201
156 William Street
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below
163 W. 125th St.
NY, NY 10027
North side of 110th St. and above
350 St. Mark's Place
Staten island, NY 10301
Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
Albany Regional Office
119 Washington Avenue
Albany, NY 12210
Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203