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New MCI rules for renewal lease

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

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New MCI rules for renewal lease

Postby AuntieGiGi » Fri Sep 13, 2019 1:13 am

I have received my renewal lease for an effective date of 1/1/20 but not on the new form as it was before the new riders were issued. Additionally my landlord slipped in some new riders not required by law. I will be returning those unsigned because they change the terms and conditions. (One on REBNY letterhead, ha).

Last year my landlord was granted a partial MCI increase. The renewal lease rent has the MCI increase according to the old rule 6% etc. Now that the MCI is capped at 2% with a new amortization schedule, how should I handle this? Should I request the landlord provide me with a revised renewal lease with an updated recalculation of the rent based on the new MCI Rules, etc? What are my “obligations” here as I am not finding any specific guidance?
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Re: New MCI rules for renewal lease

Postby TenantNet » Sat Sep 14, 2019 4:45 am

Landlords must offer a rent stab tenant a renewal lease between 90 and 150 days prior to the expiration of the current lease. So this appears to be timely.

As far as we know, DHCR has not published a new RTP-8 form. The current RTP-8 is here: https://hcr.ny.gov/system/files/documen ... 9/rtp8.pdf

Generally the advice to landlords is to send a renewal offer on the current form (just to preserve their rights), and then when DHCR issues a new one, follow up with the newer form. The same is true when the RGB has yet to vote an increase, but the LL is obligated to send a form.

I am curious what riders they sent you (other than the DHCR informational rider). Can you send us PDF's of the riders to see what the LL is up to? Use the PM icon on the left to send Private Mail and attach the PDFs to the post.

I would just toss those riders (do not send them back) as the LL might make a fuss and withhold signing the lease you do send back. Of course, make copies or scan in everything, including envelopes with postmarks. Send the lease back by certified mail RRR.

My LL does the same thing (perhaps we have the same LL?)

Seems you're aware of the new rules applicable to MCI's. For any MCI granted since 2012, the phasing in is limited to 2%, not 6%. I would send the LL a cert. letter, explaining the new rules and provide a copy plus any documentation you think will explain it from an official source. Ask him to recalculate the increase. Of course mention that it is your intention to renew the lease.

Here's a good source we just posted. The author is a NYC judge:
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