DHCR FACT SHEET #5
Division of Housing and Community Renewal

A VACANCY LEASE

When a person rents a rent stabilized apartment for the first
time, the owner grants the new tenant a VACANCY LEASE. This
written lease is a contract between the owner and the tenant
including: the terms and conditions of the lease, the length of
the lease, and the rights and responsibilities of the tenant and
the owner.

The Rent Stabilization Law gives the new tenant (also called the
vacancy tenant) the choice of a one or two year lease term. The
rent the owner can charge may not be more than the last legal
regulated rent plus all increases authorized by the Rent
Stabilization Code. With their lease, tenants will receive a Rent
Stabilization Lease Rider that will explain how the rent was
computed and certify that any increases comply with the NYC Rent
Guidelines Board and the Rent Stabilization Code.

A tenant who does not receive a copy of the Rider may file the
Tenant's Complaint of Owner's Failure to Renew Lease and/or
Failure to Furnish a Copy of a Signed Lease [DHCR form RA-90].
The DHCR will issue an order directing the owner to provide the
tenant with the Rider. If the owner does not comply with the
order within 20 days, the new rent increases will be postponed
until the Rider is provided. The owner may also be fined.

If an apartment(s) is vacant or becomes vacant while an
application for a Major Capital Improvement is pending, the owner
must notify any incoming tenant that their rent will increase if
the MCI application is approved. Failure to indicate this
anticipated rent increase on the vacancy lease will result in no
MCI increase being approved for this apartment until the lease is
renewed. If an owner charges the increased rent without this
proper notification, they risk overcharge penalties.

A satisfactory vacancy lease clause is one which provides, "An
application for a major capital improvement rent increase has
been tiled, or ill be filed shortly, with DHCR based upon the
following work:

____________, Docket #__________. Should DHCR issue an order
granting the rent increase, the rent quoted in this lease will be
increased."

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DHCR Fact Sheets (series of thirty) are issued by the New York
State Division of Housing and Community Renewal (DHCR) as plain-
english informational publications.  For official agency
policies, see DHCR Policy Statements, Advisory Opinions and
Operational Bulletins. Also refer to the Rent Stabilization Code,
the Rent Stabilization Law and various Rent Control Statutes.

Electronic versions of these 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 may obtain true copies of these documents from
DHCR.

Every attempt has been made to conform to the original Fact
Sheets 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
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
and/or proprietary features are copyright 1994, 1995 and 1996 by
TenantNet. These documents may be freely distributed provided they
remain intact as herein presented, including this and the top
informational banner referencing TenantNet as the original provider.
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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
(718) 739-6400

Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678

Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246

Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below

Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above

Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277

Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494

Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434

Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575

Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596

Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382

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