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Lease Renewal Games

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

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Lease Renewal Games

Postby jennylu72 » Thu Jun 27, 2019 12:10 pm

Need help! Senior in rent-stabilized apt, lease expiring 9/30/2019. Haven't yet received lease renewal; LL usually (40+ yrs) sends in early June, then resends after RGB decision. More alarmingly LL has not cashed June rent check, usually does so 1-2 days; had fallen behind in rent payments, but caught up completely end of May. One of 6 or so remaining renters, mostly seniors in a co-op conversion about 150 apts; current LL real stinker refusing to do repairs - hole in bathroom ceiling covered with cardboard, loose and missing tiles, water damage, etc Was going to challenge LL after receiving signed lease, as it's needed for SCRIE renewal. But, now what to do? Put a stop payment on June check ($30 fee, I'm on fixed inc) then send certified mail new June and July checks. Don't want to spend the extra $, but most definitely don't want to be threatened with eviction. Don't have $ for lawyer, need advice. Thanks.
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Re: Lease Renewal Games

Postby TenantNet » Thu Jun 27, 2019 12:41 pm

First, you can get a SCRIE renewal without a lease. See https://www1.nyc.gov/assets/rentfreeze/ ... e_cert.pdf
That is for renewals, not the initial SCRIE application.
But in some cases, you can get SCRIE - even initial - without a lease if you have a DHCR decision ordering the LL to offer a lease. Talk to the SCRIE office.

You can file with DHCR if the LL refuses to offer a lease. As long as there's no lease offer, the rent cannot go up. That can be a good thing, except in limited cases like getting SCRIE. Then you have to jump through hoops. But if you already have SCRIE, then look at the form above.

As for rent, make sure you send it using certified mail or certificate of mailing. I use the 2nd method - it's cheaper.
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Re: Lease Renewal Games

Postby Landlords Boy » Thu Jul 11, 2019 1:37 pm

Most likely the LL was waiting for RGB decisions and NY law changes: he can send renewals any time in a 90-150 day window before lease expiration. RGB decisions are usually in June so it is not unusual for October renewals to be sent closer to ninety days than 150 because it's less confusing to send a late renewal rather than an early one followed by a later one revised to conform to new guidelines and laws.

(By the way, I'm a big fan of using certificate of mailing rather than certified mail - it often gets there faster.)
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Re: Lease Renewal Games

Postby TenantNet » Thu Jul 11, 2019 1:54 pm

As for waiting for the RGB, tenant above knows about that, but appears that's not the issue here. Other things are going on.

Certificate of mailing is just regular 1st Class mail. There's no difference in processing. It proves a letter was sent; not (like certified mail) that it was received.
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