lease renewal

[hsojrd]

What happens if the LL does not offer the renewal lease 120 days prior to expiration of the current lease? Let's say it is offered at 90 days? Are there advantages/disadvantages for the tenant?

[consigliere]

The landlord must offer a lease renewal between 150 days and 90 days before the expiration of the current lease.
 
Part 2523 of the Rent Stabilization Code - Hearings and Records provides:
 
§ 2523.5  Notice for renewal of lease and renewal procedure
 
(a) On a form prescribed or a facsimile of such form approved by the DHCR, dated by the owner, every owner, other than an owner of hotel accommodations, shall notify the tenant named in the expiring lease not more than 150 days and not less than 90 days prior to the end of the tenant's lease term, by mail or personal delivery, of the expiration of the lease term, and 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. The owner shall give such tenant a period of 60 days from the date of service of such notice to accept the offer and renew such lease. The tenant's acceptance of such offer shall be entered on the designated part of the prescribed form, or facsimile thereof, and returned to the owner by mail or personal delivery. Pursuant to the provisions of section 2522.5(b)(1) of this Title, the owner shall furnish to such tenant a copy of the fully executed renewal lease form bearing the signatures of the owner and tenant within 30 days of the owner's receipt of the renewal lease form signed by the tenant. Upon execution by the owner and delivery to the tenant, such form shall constitute a binding renewal lease. Upon failure of the owner to deliver a copy of the fully executed renewal lease form to the tenant within 30 days from the owner's receipt of such form signed by the tenant, such tenant shall not be deprived of any of his or her rights under the RSL and this Code and the owner shall be barred from commencing any action or proceeding against the tenant based upon nonrenewal of lease, pursuant to section 2524.3(f) of this Title. In the event that such notice is given to the tenant after the expiration of the lease, the provisions of subdivision (c) of this section shall govern.
 

[hsojrd]

Thank you for clarifying the time issue consigliere. My question is then: what happens if the LL offers the renewal lease 70 days (for example) prior to the expiration of the current lease. Are there any advantages for the tenant in this scenario? Can the date of the lease be pushed further into the future, thereby delaying the next increase?
Thanks.

[mjr203]

"After the renewal offer is made, the tenant has 60 days to accept. If the tenant does not accept within this 60 day period, the owner may refuse to renew the lease and may also proceed in court to have the tenant evicted.

When a tenant signs the Renewal Lease Form and returns it to the owner, the owner must return the fully signed and dated copy to the tenant within 30 days. A tenant does not sign a new lease since all lease renewals must be on the Renewal Lease Form [DHCR form RTP-8]."

I imagine you now have to sign and return the renewal lease within 60 days, in this case, 10 days before the lease expires. Then the LL has to return the signed and dated copy of the lease within 30 days. I don't know that there is much advantage to be taken here. Either way the lease will be increased at the 2/4 % rate.

[consigliere]

hsojrd wrote:
 
Thank you for clarifying the time issue consigliere. My question is then: what happens if the LL offers the renewal lease 70 days (for example) prior to the expiration of the current lease. Are there any advantages for the tenant in this scenario? Can the date of the lease be pushed further into the future, thereby delaying the next increase?
Thanks.
 
 
Rent Stabilization Code §2523.5(c)(1) provides:
 
Where the owner fails to timely offer a renewal lease or rental agreement in accordance with subdivision (a) of this section, the one- or two-year lease term selected by the tenant shall commence at the tenant's option, either (i) on the date a renewal lease would have commenced had a timely offer been made, or (ii) on the first rent payment date occurring no less than 90 days after the date that the owner does offer the lease to the tenant. In either event, the effective date of the increased rent under the renewal lease shall commence on the first rent payment date occurring no less than 90 days after such offer is made by the owner, and the guidelines rate applicable shall be no greater than the rate in effect on the commencement date of the lease for which a timely offer should have been made.