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.
: 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.
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