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." ------------------------------------------------------------ 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. ------------------------------------------------------------ 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 ------------------------------------------------------------