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The consigliere's (and super's) advice is correct

Posted by consigliere on October 24, 2001 at 11:42:50:

In Reply to: Re: 1 bedroom in NYC, need help with renewal lease. posted by James on October 24, 2001 at 03:19:59:

My "well-intentioned advice" -- and the superintendent's advice -- were correct.

2523.5(d) of the Rent Stabiliztion Code (RSC) provides:

Except as provided in Part 2524 of this Title, the failure to offer a renewal lease pursuant to this section shall not deprive the tenant of any protections or rights provided by the RSL and this Code and the tenant shall continue to have the same rights as if the expiring lease were still in effect.

In general, see Part 2523.5 of the RSC:

http://tenant.net/Rent_Laws/rsc/rsc2523.html

:
: Please do not follow the previously offered but well intentioned advice.

: FACT: IF YOU FAIL TO RENEW YOUR LEASE YOU BECOME A MONTH-TO-MONTH TENANT AND YOU LOSE RENT-STAB STATUS

: Rent-Stab status is conferred through statues in conjunction with an active lease. Rent Control status is not lease dependent.

: You can be evicted with a simple 30-day notice as a month-to-month tenant. Remember it is each person's responsibility to be aware of the law, and it is best to not rely on the super or landlord, at best, they may be ill-informed, at worst, plotting and manipulative. Rent stabilization is a boon to those who have it and it is getting increasingly harder and harder to get an apartment with this, a lease is a legal document that binds you and the landlord, you should not give this up so easily. It is far better to pay the increase than risk your home because the landlord suddenly wants you out.

: You need to speak to the DHCR and file some paperwork on the landlord failing to timely offer you a lease renewal. They are required to send it certified mail so your landlord should have some record. Most likely he hasn't sent it, and it is a great way to push out the unwitting. DON'T WASTE ANY TIME, CALL THE DHCR AND TELL THEM THAT YOU HAVE ASKED THE LANDLORD TO RENEW YOUR LEASE AND HE HASN'T, they should guide you through the rest.

: Good Luck

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