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Going month to month after lease expiration

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Going month to month after lease expiration

Postby Zimmer2003- » Mon Jun 20, 2022 1:33 pm

Been living in this RS building for years, always paying rent on time. New LL is raising rents by nearly 10%. They probably found some loophole that the new Adams housing board will support.

My question: My lease is up, and I’d like to go month to month for a couple of months, continuing to pay rent. Obviously, the LL won’t want to do it, even at an increased rent. How long do I have until the landlord can start eviction procedures? I don’t want to ruin my credit.

This NYT article says 90 days for non-RS tenants who’ve lived in the unit over 2 years. https://www.nytimes.com/2022/02/19/real ... d-out.html
but it’s unclear if things are in flux with the new mayor. This forum appears slow right now so thanks in advance for any help!
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Re: Going month to month after lease expiration

Postby TenantNet » Mon Jun 20, 2022 4:15 pm

First off, there is no such thing as a RS building. There are apartments that are RS (or not). Many buildings may have a mixture of RS, RC, unregulated and even other type of units.

Second, verify if your unit is RS. Did you get a RS vacancy lease? Have all your renewals been on the required DHCR form RTP-8? Each time did you get the required DHCR informational rider? Is your apartment registered as RS with DHCR (did you get a rent history, if not, do so ASAP). Is a DHCR registration sent to you each year (they often come in July).

All of these thing, and perhaps more, may indicate RS status. But they might not as well. You would have to look at the history of the unit to see if the LL is claiming any deregulation.

New LL might be dumb, or a jerk, or might be trying something as you surmise. Make sure you know your last lease that has the allowable RGB increases. See if he's doing this to other tenants. If so (good idea anyway) is to form a tenants association.

Do not explain things away as there being some loophole, after a while you will believe it and accept it. Do not do that.

As for being M2M, that gets tricky. If the LL doesn't give you a proper lease, on the same terms and conditions, then in our view, you would be M2M. My LL won't give me a lease and I've been M2M for a number of years. Even so, I'm still RS. However, legally you can not arrange with the LL to go M2M; that's illegal.

Did you apply for an get ERAP? If so (and you can still apply), the LL cannot take you to court for one year after taking the ERAP money. But if you paid rent, then for you ERAP probably would not be approved.

If you know for certain you are RS, then I would send the lease back (as the last minute, which could be 30 days prior to lease expiration), explain things and ask for a new lease at the proper rent (by then the new RGB increases with have been known. They can't backdate the lese; they need to start over. If the current lease expires in the meantime, then you're M2M. But make certain you pay the old rent. Tender the rent - if need by by certified mail - and earmark the check (write "rent for July 2022 only, no other months") in the memo field. If they accept the rent, you're M2M. If they reject it, they can then serve you with papers and take you to court.

The credit issue is complex and beyond this post.

Yes, the article does (at the end) say it's for unregulated tenants, not RS tenants ... which you think you are. The notices for moving or for rent increases are laid out in the Lebovits articles (see links the top of the forum). But remember, those are state laws. Whatever Mayor Adams wants (and we agree he's horrible), he can't bypass state law (or even city law without getting it changed).

You speculate the the RGB can get around RS. Look at what the RGB does, and what it does not do.

I would respond to the LL closer to the expiration of your lease. Actually if it's incorrect as you say, you don't need to respond at all, but probably better if you do. First, verify your status as a RS tenant. If the LL screws up and you don't have a new RS lease in place, I would pay the old rent assuming you have no other reason to withhold it (i.e., warr. of hab. conditions). If he accepts that, then you should be M2M. If he doesn't, then he would have commence a holdover, but then that's the time to write a letter that says "I'm RS and you can't raise the rent by 10%."
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Re: Going month to month after lease expiration

Postby Zimmer2003- » Mon Jun 20, 2022 5:18 pm

Really appreciate the quick response. The renewals through 2020 srate in the header that “ THIS ISA NOTICE FOR RENEWALOF LEASEAND RENEWALLEASE FORM ISSUED UNDER SECTION 2523.5(a) OF THE RENT STABILIZATION CODE.” The 2021 renewal does not. This year’s renewal is just a 1 page form without even a full lease.

Any help spiel be appreciated!
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Re: Going month to month after lease expiration

Postby TenantNet » Mon Jun 20, 2022 7:13 pm

But are the renewals on the official DHCR for RTP-8 (in small letters on the bottom left of the first page?) Did you get the 2nd page and the DHCR informational rider (about 12 pages?)

The "full lease" would be the vacancy lease you received when you originally took occupancy. With every 1-2 year RS renewal, it has to be on form RTP-8 and include the informational rider.

Remember, the RS law says all renewals must be on the same terms and conditions as the expiring lease other than RGB rent increases or DHCR-ordered changes, such as MCI orders.

Other than that, nothing can change. Without seeing what you got, it appears the 2021 renewal might not be legal (don't worry too much what it says at the top "...under section 2523.5(a) or the RSC."

And it sounds as if the current renewal offer is also illegal. Was it the new or old LL for the 2021 lease? FYI, the RTP-8 is essentially one page, with the back listing instructions. FYI, this is the latest RTP-8 form:
https://hcr.ny.gov/system/files/documen ... llable.pdf

However, if you get one a bit older, that's nothing to worry about too much. This year, see Section two, the double asterisks "**" which accommodates the RGB order for the first and second six months.

Your strategy might depend on your goals. If you just want a correct and legal lease, then write the LL ASAP (certified mail), telling him the lease is illegal, if that's the case, and ask for a new lease with the correct increases, on form RTP-8 and not backdated.

If you wish to engage in some danger, then don't do anything ... do not sign or send back what they sent (if illegal), then on the first date of the new term, send in the rent at the old amount. And what you do then depends on what the LL does. If they accept it, then you're M2M and still RS. If they don't accept it, then it might be the right time to read them the riot act.

Understand depending on how things develop, you might end up in court, and you might want an attorney.
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