Posted by New York Tenant on August 08, 2001 at 14:42:23:
In Reply to: Re: Misinformation on this board --beware!!! posted by Tenantperson on August 08, 2001 at 11:30:38:
I suggested not signing a renewal lease based on the legal maximum rent, and filing a complaint with DHCR, based on the landlord's failure to offer a renewal lease based on the preferential rent. This would apply especially to tenants in Brooklyn, Queens, and Staten Island, but I still think all tenants should do that.
The Appellate Division, First Department, and the Appellate Term, Second Department, which, combined, cover all of New York City, have held that failing to execute a renewal lease -- even a valid renewal lease -- is a default that can be cured pursuant to RPAPL §753(4). NOTE: THIS IS THE CORRECT SECTION NUMBER.
: You make some good points here. I think this exchange points up the problem inherent with any Internet bulletin baord--sometimes people who sound the most convincing are believed, when very often they have no idea what they are talking about.
: I looked back on the exchange re preferential rent. There was some good advice and some really lousy advice, with one person suggesting not signing the lease if it doesn't offer a preferential rent!
: I really wish people would be more restrained and not shoot from the hip, as some poor soul may actually do what they say and not sign a lease and get evicted.
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