Lease renewal/stabilization

[Sparkles23]

Last week I received a new lease agreement. I was confused because it was for a rent stabilized unit, and I’ve been paying market. I signed and returned the document after reading it several times, opting for a two year agreement. All of the information about me and the unit number was correct.
I then got an angry and abusive/insulting phone call from the property manager accusing me of being unethical, getting someone fired, belittling me etc. He stated that the form was for the apartment next to mine (which had an eviction in the past year). I recorded the call for my own recollection). He informed me that I was “not nice” and that I’d be getting my renewal at the usual time and he’d not be sending the other form back. My current lease is up 2/15 but the lease I was (potentially) sent mistakenly and signed (which he later admitted he’d have done) would have commenced 11/1. I’ve been here three years and have never been late in payment and am a great tenant.
His reaction was so angry and unhinged it makes me wonder if it was not a mistake in fact. Apart from asking for a rent history and if the unit is meant to be stabilized I’m at a bit of a loss. I do have a photo of the document in question.

[TenantNet]

When you say new lease agreement, do you mean a renewal? If so, was it on a DHCR form RTP-8 (see the lower left). If not, why would you think the lease is a RS unit?

First thing is to get a Rent History from DHCR. Go to https://hcr.ny.gov/most-common-rent-reg ... es-tenants

Is it a new building? How many units? Is it a coop or condo?

Second see if the unit or building is subject to J-51 or 421-a tax abatements.
https://www.nyc.gov/site/finance/benefi ... s-j51.page
https://www.nyc.gov/site/hpd/services-a ... 421-a.page

See if the unit should be under RS rules. Some LLs ignore the rules and deregulate units illegally.

Right now, you need to research the place. What do the neighbors say - they might know about the unit and the old tenant. I would also search https://iapps.courts.state.ny.us/nyscef/HomePage (search as a Guest)
to see what prior cases might be for your unit, for the place next door. I would read all documents carefully - including all exhibits.

Hold on to the recording. It may not be material, but who knows. Is there a chance it was an honest mistake?

At this point I would not engage with the landlord. If it seems the place should be rent stab, you can always file with DHCR for the LL's refusal to execute a lease. And if he doesn't do so, the rent can't go up. My feeling is that since you did renew the lease, absent some whopper of a mistake, then why sign a second renewal?

That you've always paid rent, that really doesn't matter here.

[Sparkles23]

Thank you. I will do all of that research.
It was on the DHCR RTP-8 form which was far different from the leases I’d signed in the past. As I mentioned, all the information entered about me and the unit number was correct. So, after reading it several times, I signed it and sent it back. I suppose it could have been a mistake, or the new office person unaware of something.
That the person was so incredibly unhinged on the phone made me suspicious. If they hadn’t I have given the benefit of the doubt.
It is an older building (pre-war), with 30+ units.
I’ve requested the history and it is being mailed to me.

[Sparkles23]

Also, it is not co-op/condo.
I generally get the renewal form sometime in the fall, so this seemed a bit early though not out of the question.

[TenantNet]

FYI, for most RS leases the initial lease can be almost anything (usually a Real Estate or Blumberg form) and must have the DHCR informational rider attached. https://hcr.ny.gov/system/files/documen ... llable.pdf

But RS renewal leases must be on RTP-8. You did what they asked you to do. You're not at fault.

Don't worry about the nasty comments - that's what NYC LLs do.

Before 1974 and 6+ units the units should be RS unless:
- coop or condo
- deregulated legally btween 1997 and 2019
- in some cases had certain tax abatements.

For RS units, renewals should be sent between 90 and 150 days prior to the current lease's expiration. So if the current lease expires 1/31/24, then it should be sent to you between 9/1/23 and 10/31/23.

[Sparkles23]

Okay great. Thank you.
The document was filled out three weeks before being sent, and given my current lease ends end of Feb it is timely.
I’ve never seen the rider before, but it’s the only thing I got this time.

[TenantNet]

By law, the DHCR informational rider (see link above) must be attached to all new and renewal RS leases. Of course many LLs ignore that. OTOH, I would not necessarily go to war over that. There is a section (page 3) where they want tenants to sign and return a page acknowledging their receipt of the rider. We believe this is not required, either by law or the RS code. All it does is give the LL a defense to a claim you might make over non-receipt of the rider. I once called DHCR and they agreed with me that it's not required.

OTOH, we don't recommend making a false complaint of not receiving the rider when in fact you did. By law, there is a penalty, but DHCR ignores that simply sending the LL a letter telling them to give you the rider.

In any case, that's not your problem now.

[Sparkles23]

So today I got the rent history from DHCR and the unit does not appear to have been registered since the mid 2000s
Before that, it was RS until it was RS-V for one year. That’s when the registrations stop.

[Landlords Boy]

Looks like your LL may have sent you a RS lease renewal instead of a non-RS lease renewal. This happens. Such mistakes do not change the regulatory status of the apartment.

[TenantNet]

LLB, I know a number of lawyers that would disagree with that. I've seen cases that go both ways and it can depend on the facts.

[Landlords Boy]

Examples, please.

[TenantNet]

You trolling? Don't have time for that.