Renewal Lease Rider: Form RA-LR1

[Sky]

This rider - now accompanying the renewal lease form RTP-8 - has within two sections: 1.) referencing vacancy leases and 2.)referencing renewal leases. Regarding the latter, i.e. a tenant signing a standard renewal lease:

It is understood that it's the LL's responsibility to include form RA-LR1 with the renewal lease offer, but does a rent stabilized tenant need to sign the RA-LR1 and return it?
Or is it advisable to simply ignore it?

Previously, the understanding was that the tenant is only required to sign the actual renewal lease form (for ex. RTP-8) and could/should decline to sign any other documentation accompanying the renewal lease. Does that advice still prevail with regards to the RA-LR1 form? Or are tenants signing it and returning it?

[TenantNet]

OK, so let's take this one step at a time - for no other reason than it's late August.

Do you have a copy of the most current form or URL or the RTP-8? And do you have a link to the most recent DHCR informational rider?

I found the RTP-8 at https://hcr.ny.gov/system/files/documen ... llable.pdf
That's the 7/22 version.

I found (by Google) the Sept 2019 version of the rider, RA-LR1. That seems to be the latest version from the DHCR web site. But DHCR has a way of slipping in new forms without telling anyone.

https://hcr.ny.gov/system/files/documen ... 19_0_0.pdf

I'm pretty certain - but would need to check - that the section 1 and section 2 layout has been like that for some time. A number of years ago (long before the 2019 change in the law), my LL tried to force me to sign and return that part on page 3. I refused and then things got complicated.

The language in question is: "The tenant named in the lease hereby acknowledges the contemporaneous receipt of the above lease rider for the housing accommodation stated above."

As far as I know, there is nothing in the RSL or RSC that requires a tenant to sign and return this section, basically acknowledging receipt of the rider. They might say it doesn't change the prohibition against changes in terms or conditions of a lease. I don't buy that. LL's can send the RTP-8 and the rider by certified mail showing it was sent and tenant receipt.

I called DHCR and they told me it wasn't mandatory to sign and return it, hence my refusal.

Some might say, what the problem? Well those that have been through LL games before know an acknowledgment can be seen as a waiver - they will say that in court. They will also say that all information they put in the renewal lease and on the rider is correct and legal, which much of the time, it' just isn't. If you don't have to sign something, then don't.

Have you seen any written guidance from DHCR on this, or any cases that address this issue?

Chances are tenants are signing it, but I don't think they should. I would ignore it.

Now if you refuse, what can the LL do? They can refuse to renew your lease, but that means your rent will not go up.