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Landlord sent old lease renewal forms/no reference to HSTPA

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

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Landlord sent old lease renewal forms/no reference to HSTPA

Postby kalebeans » Tue Apr 07, 2020 2:54 pm

I will have to send in my lease renewal form within the next week, but I noticed the RTP-8, LR1, and preferential rent rider are all outdated/incorrect.

1)They sent in the RTP-8 from 2014, so it obviously doesn't mention that I retain the preferential rent for the life of my tenancy (unsure of any other changes that were made from RTP-8 2014 to the current one).
2) The lease rider is from February 2018, not September 2019 (current). It's also not filled out other than Section 2 with our address, names, and lease dates. Is this correct?
3) The preferential rent rider they sent to me states that my preferential rent is not to be governed for the life of my tenancy and ends when my lease ends. Is there an updated preferential rent rider they must use?

I'm also going to be reaching out to property manager regarding all these questions, but I'm also wondering if I still need to sign the lease renewal by mid-April which is around the 60 day mark of receiving the lease renewal.

Location: Manhattan
Status of unit: Rent stabilized, ~48 units, built in 1915 according to Google
Lease: Yes, and I am primary tenant

Thank you for your help!
kalebeans
 
Posts: 2
Joined: Tue Apr 07, 2020 2:40 pm

Re: Landlord sent old lease renewal forms/no reference to HS

Postby TenantNet » Tue Apr 07, 2020 3:45 pm

As far as I know, the current and latest RTP-8 form is at https://hcr.ny.gov/system/files/documen ... /RTP-8.pdf.

You can also check with DHCR to see if anything is more recent, but I doubt it. Like many govt. agencies, DHCR is mostly shut down right now. I would also look at current DHCR Fact Sheets. They have been updating them over the past year.

Check for recent forms at viewtopic.php?f=3&t=13887
or at the DHCR web site.

For preferential rents, see viewtopic.php?f=3&t=13888
See download/file.php?id=175
and search for "preferential." The preferential has changed a lot.

I would write the LL a cert. letter, explain that it is your intent to renew the lease, but point out the problems you have pointed out and ask that they send you the lease offer using the current forms.

More often than not, with DHCR and the courts, they give tenants leeway on renewal issues, but it is important to signal your intent to renew.
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Re: Landlord sent old lease renewal forms/no reference to HS

Postby kalebeans » Tue Apr 07, 2020 4:14 pm

Hi TenantNet, thanks so much for your speedy response.

I sent our property manager the updated RTP-8, LR1, and Fact Sheet #40 (regarding preferential rent). I was pleasantly surprised that I got a call back pretty quickly from a gentleman from the DHCR Office of Rent Administration who informed me that I can sign the outdated lease renewal forms, attach the new RTP-8 and Lease Rider, and the LL can't take away the preferential rent at lease renewal, even if the forms they sent me said they could. So what I'll be doing is sign the lease renewal, attach the new forms, and certainly inform them of my intent to renew and request for the new forms. Thank you very much!
kalebeans
 
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Joined: Tue Apr 07, 2020 2:40 pm

Re: Landlord sent old lease renewal forms/no reference to HS

Postby TenantNet » Tue Apr 07, 2020 4:20 pm

Glad it worked out. Who did you get from DHCR to call back? Let us know via PM if you don't mind.
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Information from TenantNet is from experienced non-attorney tenant
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