The first renewal that I received after the new laws on Preferrential Rent passed was last year and my landlord tried to include "THEIR OWN RIDER" with provisions that upon my renewal the landlord could increase the rent based on the LEGAL REGULATED RENT. (So, basically as if the new tenant protections didn't exist). I asked the mgmt if I was required to sign it and they told me YES.. I spoke to an attorney who informed that the landlord was basically trying to see what they could get away with and although unenforceable in a court of law, it is intentional deception that claiming that provisions against the new laws are binding, it is also illegal to require Rent Stabilized tenants to sign it for them to be able to renew their lease, and could easily trick those who don't know the new laws, their rights, and may think they have no choice but to sign it and think that it actually is binding. It is straight up passive bullying. So if upon renewal the landlord charges the legal regulated rent and the tenant calls, the mgmt/landlord can say "you signed this and agreed that it's binding over the terms in the lease". Most people wouldn't wouldn't question something they signed, or spend the time and resources in hiring an attorney to take their landlord to court if they don't know the laws.
My attorney advised that I shouldn't sign it and request a new lease without it. The landlord sent me an identical lease with the rider included again. So I emailed them that I would renew my lease but could not sign the rider because the provisions in the rider are against the laws set forth in the Tenant Protection Act and gave them copies of the laws outlined by the DHCR. They didn't come back saying my lease wasn't accepted because they knew they couldn't
This year, I received a renewal with the same rider again! (attached for reference - and once again I am highlighting the portion that goes against the laws, will NOT sign it, and will tell them again why.
Tell your neighbors, share your insight, and KNOW YOUR RIGHTS!
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