Lease sent less than 90 days rule and DRIE

[Cylon452]

Hello Everyone


re: Lease sent late
the 150 and 90 day rule

The lease was sent late
My lease renewal was sent late on July 13 2023. My lease expired on 7/31/2023

I went to DHCR and they said since the lease was sent less then 90 days the commencement date should be 11/01/2023 on line 7 not 8/1/2023 and on line 1 the lease expiration date should be changed from 7/31/2023 to 10/31/2023 then I said ok and signed it.
The LL signed it too.

DRIE
Now i call DRIE and told them the new commencement date is 11/01/2023 not 8/01/2023.
I also told them the expiration date has been changed from 7/31/2023 to 10/31/2023.
DRIE is telling me the expiration date should be 7/31/2023 not 10/31/2023.

I told them the LL sent the lease late and the lease expiration date has been changed from 7/31/2023 to 10/31/2023 as per DHCR rules.

I need to renew my DRIE and DRIE won't do it because of they want to see 7/31/2023 as the expire date and the start date of the lease 8/1/2023. DRIE wants to know why the dates have changed in writing. DRIE is playing hard ball and wants to see 7/31/2023 as the expire date. I told them what if the LL sent the lease really late like in September or December does the expire still read 7/31/2023 ? I got no answer.

This greater then 150 and not lease then 90 days is confusing to some people and even between 2 city departments ( DRIE aka Department of finance and DHCR )

Question
The lease was sent less then 90 day on July 13 2023. In my case my lease expired on 7/31/2023 and was changed to 10/31/2023. 90 days because it was late according to DHCR

Is this how this no greater then 150 day to no less then 90 rule works? What do i do now ? I need to renew my DRIE.

Did DHCR make a mistake or does DRIE not understand ?

[TenantNet]

In general tenants should not alter a lease offer. That can get you into trouble if the LL is a jerk. What you should do is send the unsigned offer back to the LL, explain the problem and cite the rules, and ask then to send you a new offer with the proper dates.

If they delay, then it puts your renewal further back (and any increase in rent).

DRIE does not determine what the renewal dates will be. That's not their jurisdiction. They will want to see a copy of the executed lease, or lease offer.

Have you spoken with the ombudsperson? Email: DRIE-Ombuds@finance.nyc.gov
His name is Mike and - unless changed - the phone is 646-532-7736

[Cylon452]

Well this is gets more and more confusing if the LL send in the lease Late.
Sounds like i should try and get another lease RTP 8 dated in September showing the lease expired in 7/31/2023.

Let me call the building owner. Im sure he/she won't help me. Looks like this won't be all quite on the Eastern front. Me,LL, DHCR and Drie.

Will keep you posted
I left a message on the number you provided

[TenantNet]

Catching up and rereading the thread ... minor point, but DHCR is a state agency (not city) and DRIE/SCRIE is part of the NYC Dept. of Finance.

From What you've told me, DRIE/DOF does not understand. It sounds like DHCR got it right. What matters in my opinion is the new start date for the new renewal term. I don't see why they told you to change the end of the old lease term to 10/31/23. It doesn't change anything. What does make the change is the new date of 11/1/23.

Over time I've had issues with SCRIE (really it's the same thing as DRIE). But you should call the Ombudsperson and see if the confusion can be worked out. As I said, the dates of the term are in the jurisdiction of DHCR, not DOF (they want to see a lease renewal).

I would also email the Ombudsperson and call back again. If you can't get through, let us know.

"Sounds like i should try and get another lease RTP 8 dated in September showing the lease expired in 7/31/2023."

I would not do that now as it will make things worse. You could have done that at the outset (as I mentioned above), but now that you have a renewal executed by the LL with the correct date, I would concentrate on convincing DRIE/DOF.