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RS Succession Lease Riders

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

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RS Succession Lease Riders

Postby valleykid » Fri Aug 12, 2022 8:45 am

Hi,

We are in the midst of inheriting a rent-stabilized apartment, succession has already been granted and we have received the first renewal lease in our names. We're going through page by page and there are some riders we'd like to opt not to sign, since they are not part of the original lease (or even last year's lease).

Specifically these pages pertain to:
- Pets: banning certain breeds/weights
- AC's: asking for a monthly surcharge on window units
- Parking: releasing the building from any liability for vehicles in our rented space
- E-delivery: requiring us to accept future leases this way

Because these are new and don't pertain to new laws re: knob covers etc. it is my understanding we are not obligated to sign per code 2523.5 " offer to renew the lease or rental agreement at the legal regulated rent permitted for such renewal lease and otherwise on the same terms and conditions as the expiring lease."

Management is pushing back so I want to make sure I am citing the correct code and in the right before going back to them. And am of course nervous to jeopardize anything in signing the lease and inheriting the apartment.

Any advice appreciated.

TY
valleykid
 
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Re: RS Succession Lease Riders

Postby TenantNet » Fri Aug 12, 2022 9:51 am

First, I hope you have an attorney on this. Succession is fraught with pitfalls. Having a tenant attorney look at the lease can insure your sanity - and protection.

Having said that, we've always heard and believed that succession is a continuation of the existing lease, not a new lease, so being rent stab, the LL cannot change the terms and conditions of the lease - other than RGB or DHCR rents.

DHCR does have provisions on air conditions. See https://hcr.ny.gov/system/files/documen ... 5-2020.pdf
If the LL had previously waived an AC surcharge, we believe he can't impose it now.

E-delivery of leases - and other landlord notices. This is becoming increasingly common, while older leases require things like lease renewals to be sent by certified mail. Less impactful notices may be OK for email, but in my view, you need a real hard copy for leases and renewals. Just my opinion.

Parking - that's a big thing in Queens with ancillary spaces, the requirement to maintain those spaces and rent increases for those spaces. I don't know enough about it to offer an opinion, but I'd be reticent to accept a change in terms for that - or anything.

I would sign and return the renewal lease (make sure it's a renewal on DHCR form RTP-8 and nothing else). I would NOT sign any riders, even the one in the DHCR informational rider. That's not required either.

Having said all that, as you are finding out, the LL is pushing back. If they are agreeing to a succession without your having to litigate it, they may change their mind. You might still get it in court, but if you're going to fight, make sure it's for something that matters.
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Re: RS Succession Lease Riders

Postby valleykid » Fri Aug 12, 2022 10:21 am

Thank you - yes we have a lawyer who has been guiding us in this process since we decided to move in over 3 years ago. He is currently out of the country on vacation but will be reviewing everything next week.

I don't want to pushback over petty things but I am also reticent to start accepting these riders – especially ones like the AC which effectively raises our rent or the garage which frees from them from any responsibility even if it were to flood or have a roof crash in (both things that seem quite possible). I do prefer getting a paper lease as well, but could accept e-delivery and print I suppose.

Also the building made no move to litigate, it was very clear we lived here during the required time and they accepted our proof of residence but I know nothing is set until the ink is dried on the lease!
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Re: RS Succession Lease Riders

Postby TenantNet » Fri Aug 12, 2022 1:30 pm

Make sure he's a bonafide tenant attorney, not some guy that does a mix of personal injury, immigration and divorces. And if so, then don't do anything until he says it's OK.

FYI, I'm not in the middle of a succession, but several times a year my LL sends me stuff to sign. I mostly ignore them, even those that supposedly the law says to sign (like window guards or lead paint - I don't have a kid running around the house and the LL knows it).

Now, I haven't seen what you describe as indemnification of liability on the garage. I'm not sure if that's even enforceable, but why give them a piece of paper to maybe someday use against you? I wouldn't.

However, consider apartment insurance. That's mostly for items in your apartment and not for LL liability. But see what it covers. I do not know if apt insurance would cover a roof cave-in due to LL negligence.

With e-filing, there's no 100% proof of mailing. Cert. mail (not certificate of mail, which is different) runs around $5.00 these days. Stick with that, at least for leases.

Until you have a signed lease, the LL could litigate.
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