George E. Pataki, Governor         Joseph H. Holland, Commissioner

                  A publication of New York State
              Division of Housing and Community Renewal
                     Office of Rent Administration

      Fact Sheet #4 - Lease Renewal in Rent Stabilized Apartments
                            [Revised 9/95]

     Tenants in rent stabilized apartments have the right to select a
  lease renewal for a one or two year term. Due to a recent change in
  legislation, tenants receiving a New York City Senior Citizen Rent
  Increase Exemption (SCRIE) can choose a one or two year lease renewal.

     The owner must give written notice of renewal by mail or personal
  delivery not more than 150 days and not less than 120 days before the
  existing lease expires. The offer to renew the lease for New York City
  tenants must be on a Renewal Lease Form [DHCR form RTP-8].  For tenants
  outside of New York City, the renewal notice must be sent by certified
  mail not more than 120 days and not less than 90 days before the
  existing lease expires. To obtain an approved form outside NYC, contact
  your local Rent Office.

     The owner may charge the tenant a Rent Guidelines Board authorized
  increase based on the length of the renewal lease term selected by the
  tenant. The law permits the owner to raise the rent during the lease
  term if the Rent Guidelines rate was not finalized when the tenant
  signed the lease renewal. A space appears on the Renewal Lease Form for
  the owner to either enter the rent increase or check the box indicating
  that the authorized increase is unknown at this time.

     The renewal lease must keep the same terms and conditions as the
  expiring lease unless a change is necessary to comply with a specific
  law or regulation. Those lawful provisions and any other written
  agreements between the owner and the tenant that would alter the
  expiring lease should be attached to the Renewal Lease Form.

     After the renewal offer is made, the tenant has 60 days to accept. If
  the tenant does not accept within this 60 day period, the owner may
  refuse to renew the lease and may also proceed in court to have the
  tenant evicted.

     When a tenant signs the Renewal Lease Form and returns it to the
  owner, the owner must return the fully signed and dated copy to the
  tenant within 30 days. A tenant does not sign a new lease since all
  lease renewals must be on the Renewal Lease Form [DHCR form RTP-8].

     If the owner does not return a copy of the fully executed Renewal
  Lease Form to the tenant within 30 days of receiving the signed lease
  from the tenant, the tenant 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].

     An owner can refuse to renew a lease for many legitimate reasons.
  The Rent Stabilization Code and Law defines these reasons in detail,

   **     The owner or a member of the owner’s
          immediate family needs the apartment for
          their personal use and primary residence.
          If the tenant is a senior citizen, or disabled,
          special rules apply [See Fact Sheets on
          Special Rights of Senior Citizens and
          Special Rights of Disabled Persons].

   **     The tenant refuses to sign the renewal
          lease or Renewal Lease Form [DHCR
          form RTP-8].

   **     The apartment is not used as the tenant’s
          primary residence.

   **     The owner wants to take the apartment off
          the rental market, either to demolish the
          building for reconstruction or use it for other
          purposes permitted by law.

   **     Three years have gone by since the building
          was converted to a cooperative or
          condominium, and the tenant did not purchase
          the apartment under a legal Eviction Plan
          proposed by the owner. If a tenant is an
          eligible senior citizen or a disabled person,
          other rules apply. For more information, write
          the Office of the Attorney General, 120 Broadway,
          23rd Floor, Real Estate Financing Bureau,
          New York, N.Y. 10271.

     When a tenant receives the Lease Renewal Form, a copy of the Rent
  Stabilization Rights Rider For Apartment House Tenants Residing in New
  York City must be attached. The Rider will explain how the proposed rent
  was computed and describe the rights and obligations of tenants and
  owners under the Rent Stabilization Law [See Fact Sheet on Rent
  Stabilization Lease Rider].   A renewal lease should go into effect on
  or after the date that it is signed and returned to the tenant. In
  general, the lease and any rent increase should not begin retroactively.

     If DHCR approves an application for a rent increase based on a major
  capital improvement, the owner may charge the increase during the term
  of an existing renewal lease only if the lease contains a clause
  specifically authorizing the owner to do so.  A satisfactory lease
  clause would provide, "The rent established in this renewal lease may
  be increased or decreased following an order of DHCR or the Rent
  Guidelines Board."

     For more information or assistance, call the DHCR Rent InfoLine (718)
  739-6400 or visit your Borough Rent Office.

  92-31 Union Hall Street
  4th Floor
  Jamaica, NY 11433
  (718) 739-6400

  250 Schermerhorn Street
  3rd Floor
  Brooklyn, NY 11201

  Upper Manhattan
  163 W. 125th Street
  5th Floor
  New York, NY 10027
  North side of 110th St. and above

  Nassau County
  50 Clinton Street
  6th Floor
  Hempstead, NY 11550

  Westchester County
  55 Church Street
  White Plains, NY 10601

  Lower Manhattan
  156 William Street
  9th Floor
  New York, NY 10038
  South side of 110th St. and below

  1 Fordham Plaza
  2nd Floor
  Bronx, NY 10458

  Staten Island
  60 Bay Street
  7th Floor
  Staten Island, NY 10301

  Rockland County
  94-96 North Main Street
  Spring Valley, NY 10977

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