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New (9/19) lease and RS Rider forms. What's different?

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

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New (9/19) lease and RS Rider forms. What's different?

Postby sr77 » Sun Jul 12, 2020 6:47 pm

I'm about to renew my lease, opting for a one-year to take advantage of the 0% increase next year (for another one-year lease).

I received two photocopies (i.e., not originals -- or one original and one photocopy) of the renewal lease form. My recollection is that signed photocopies of the renewal lease are considered just as valid as originals. Is that your understanding, Tenant.net?

The lease form has "(9/19)" next to RTP-8 so I guess it's the latest, In another thread, you suggested making sure the latest renewal lease form was used. I don't see anything that looks different from the previous one. Is there anything?

The 12-page RS Rider I received is identified as "RA-LR1 (09/19)" so I guess that's new, too. The lease form says it's supposed to be sent with the executed copy of the lease. I don't know why, though, as it seems just as well for the LL to send the rider with the tendered lease copies.
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Re: New (9/19) lease and RS Rider forms. What's different?

Postby TenantNet » Sun Jul 12, 2020 7:13 pm

I believe that June 2020 is the latest version of the form. See https://hcr.ny.gov/system/files/documen ... /rtp-8.pdf

or find the direct link on the DHCR website.

However, the 9/19 is probably OK. I don't know the difference. Perhaps your LL didn't have the latest version when he sent it to you.

Generally, when renewals are sent to tenants there are no signatures. The tenant accepts the offer by signing (making copies and sending by certified mail RRR) back to the LL. Then the LL should sign and send one copy to you signed by both parties.

The lease rider at DHCR is also 9/19
https://hcr.ny.gov/system/files/documen ... RA-LR1.pdf

It should be sent to the tenant with the original lease offer, not wait for the executed copy. But in most situations it might not matter.
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Re: New (9/19) lease and RS Rider forms. What's different?

Postby sr77 » Sun Jul 12, 2020 7:28 pm

Thanks, what I meant was that comparing my current (expiring) renewal lease to the 9/19 one I was sent for the renewal, I didn't see anything different in the text. Maybe there's a change in this year's (i.e., 2020).

I wasn't expecting to receive signed copies, but was just pointing out that the renewal leases sent to me were just photocopies, the LL presumably having retained the original. I'm pretty sure it was the same in 2018 when I last renewed. Before that, my recollection is that I received two 'originals' (i.e., not 'photocopies') of the renewal lease to sign.

The provision for the LL to send the Rider with the 'executed' lease is on the renewal lease form, although as stated I don't know what different it makes.
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Re: New (9/19) lease and RS Rider forms. What's different?

Postby TenantNet » Sun Jul 12, 2020 9:21 pm

I haven't compared the two, but I do know that DHCR is (or has) revised most/all of its forms to conform with the 2019 HSTPA.

I don't think photocopies matters, as long as it's legible. The executed version that has the LLs signature and your signature - you should have an original.

The rider ... you're right, it does say that. I always thought it had to be sent with the offer. But in the end, does it matter? You know what's in it, and it's just informational. It's not part of the lease itself.
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Re: New (9/19) lease and RS Rider forms. What's different?

Postby TJHillgardner » Tue Nov 03, 2020 1:01 am

The entire difference between the 9/19 and the 6/20 versions of the RTP-8 is that the 6/20 version includes a double asterisk footnote under Item 2 that talks about how under RGB Order 52 the 1% increase is only collectible in the second year of the 2-year renewal term.
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Re: New (9/19) lease and RS Rider forms. What's different?

Postby TenantNet » Tue Nov 03, 2020 5:20 am

Thanks. Well that's important to some of us ... if only my LL would send a lease. Haven't had one for many years. That's OK as the rent doesn't go up.
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