Posted by Mark Smith on July 02, 2000 at 10:01:34:
In Reply to: Waiting For New Lease posted by april59 on July 02, 2000 at 08:22:04:
From DHCR Advisory Opinion 88-1:
A. If a tenant has not been served with a copy of the Form containing the renewal offer within 120-150 days prior to the expiration of his or her current lease term, the owner will be barred from commencing any action or proceeding against the tenant based on non-renewal of lease, and such tenant shall not be deprived of any of his or her rights under the Rent Stabilization Law or Code. In addition, such tenant may file a complaint with the DHCR. The owner will be denied any rent guideline increases for renewal leases until a renewal lease is entered into by the owner and tenant, and the guidelines rate applicable to 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 120 days after such offer is made.
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: My past 2 year rent stabilzation lease ended April 2000. While I've been paying the old rent on a month to month basis, I've also included a note reminding him (like I should remind him) that my lease expired, and I would appreciate another 2 year lease. So far I've not heard a peep from this landlord. I've been a model tenant for 15 years, and its only been the past 2 leases that he hasn't given me my new lease on time, with DHCR papers attached.
: I've seen most of the original tenants leave since he turned this building co-op 12 years ago. Some tenants didn't receive renewed leases, others were delayed leases, and with many he did the "revolving court dance" for various reasons (some weren't justifiable but tenants moved away).
: What guiles me is that since the recent 2 year percentage increase is more than the 1998s, I believe he's waiting till the new increases goes into effect come October 2000. Can
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