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Posted by consigliere on October 26, 2001 at 11:10:09:

In Reply to: Re: The consigliere's (and super's) advice is correct posted by James on October 26, 2001 at 01:21:21:

In my original answer, I suggested that the tenant file a complaint with DHCR, about not being offered a renewal lease, if that would make the tenant feel more comfortable.

The appellate courts covering New York City have held that a tenant's failure to execute a renewal lease is a default which can be cured under Section 753(4) of the Real Property Actions and Proceedings Law (RPAPL).

By the way, the Rent Stabilization Code (RSC) doesn't require a landlord to offer a renewal lease, or to send a renewal lease to a tenant, by certified mail. Regular mail can be used.

:
: Perhaps we're both right.

: BUT

: While failure to offer a renewal lease doesn't deprive you of your rights, failure to sign one does. If you agree to become a month-to-month tenent and if the landlord has properly offered you one through certified mail, then you enter a gray area. Why risk it? Call the DHCR and demand one.

: J

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Comments:
: In my original answer, I suggested that the tenant file a complaint with DHCR, about not being offered a renewal lease, if that would make the tenant feel more comfortable.  

: The appellate courts covering New York City have held that a tenant's failure to execute a renewal lease is a default which can be cured under Section 753(4) of the Real Property Actions and Proceedings Law (RPAPL).

: By the way, the Rent Stabilization Code (RSC) doesn't require a landlord to offer a renewal lease, or to send a renewal lease to a tenant, by certified mail.  Regular mail can be used.  

: :
: : Perhaps we're both right.

: : BUT

: : While failure to offer a renewal lease doesn't deprive you of your rights, failure to sign one does.  If you agree to become a month-to-month tenent and if the landlord has properly offered you one through certified mail, then you enter a gray area.  Why risk it?  Call the DHCR and demand one.

: : J


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