renewal and increases

[thatap]

My lease on my rent stabilized apt expired March 31, 2002. I just received my renewal lease with increases of 4% on a one-year and 6% on a two-year. How do the new RGB increases effective today affect my lease and renewal of my lease?

[MikeW]

The increase approved yesterday take effect for leases date October first or later. Your lease is controlled by last year's guidelines.

[Phil Cohen]

If indeed he is renewing your lease now--and it expired March 31--I would definitely hold him to the law re timely lease renewals even if relations are good. The law is the law.
The only exception would be if he has cut you similar slack--for example, if he's let you fall behind on the rent for months at a time. But if you are living up to your obligations as a renter, he should live up to the very simple obligation to give you your lease on time.

[thatap]

In addtion to my LL being late with my renewal lease, I believe the dates are incorrect. My lease is dated June 2002, but states that that my new lease begins April 2002 and both my one-year and two year terms end March 2003. Also, I was wondering if I should do a month to month until October 1st and then renew at the lesser % or if I should just sign a one year lease now and renew for two years next year at the lesser %?

[consigliere]

Rent Stabilization Code Section 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.

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[Phil Cohen]

you need to write the guy (certified mail, return receipt requested) to tell him that he has not yet sent you a proper lease. give him a week or so to come to his senses. if he doesn't give you a proper lease within that time, file a complaint with the DHCR. keep on paying the old rent. he can't evict you. if he tries, since you are in the right you will a)win and b) get attorney's fees.