No, owners who choose to use an electronic lease must initially get the tenant's voluntary composed approval on kind EL-TVC Electronic Lease Offer: Tenant's Voluntary Consent Form.

Tenants who voluntarily concur with the deal might sign the authorization type electronically and return it electronically or if needed, sign the approval form by hand and return the type to the owner by postal mail or individual service. If there are multiple occupants called on the lease, besides spouses or domestic partners, each tenant must provide their signature to authorize grant the electronic deal supplied by the owner.

Any occupant who thinks that they are being pushed into signing the voluntary permission kind, is threatened with retaliation for refusing to sign, or asserts their signature was fraudulently contributed to the kind, can submit a DHCR Tenant's Statement of Complaint(s) - Harassment (RA-60h).

For more details on the rights and obligations, instructions, and procedures regarding electronic lease renewal offerings, see Operational Bulletin 2022-1 and form EL-TVC.

2) Just how much of an increase in rent will I have to pay when my lease is restored?

The owner may charge a lease boost based upon lease guidelines approved by the suitable Rent Guidelines Board. In particular instances, the lease increase might be determined to include suitable Major Capital Improvement or Individual Apartment Improvement increases. For additional information, consisting of present lease guidelines, see Fact Sheet # 26.

3) Do I have a right to renew my lease?

Tenants in rent stabilized apartment or condos have a right to choose a one- or two-year renewal lease term. Generally, the renewal lease must keep the very same terms and conditions as the expiring lease. For more details, see Fact Sheet # 4.

4) Under rent stabilization when must the renewal lease be used?

In New York City (NYC), owners should give written notification of renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease ends. Outside of NYC, owners need to initially sign and date the renewal notice, and then send it by licensed mail not more than 120 days and not less than 90 days before the existing lease expires. Tenants have 60 days to choose a lease term, sign the lease, and return it to the owner. Failure to react within 60 days of the lease offering might result in eviction procedures. For more information, see Fact Sheet # 4.

5) What if my owner does not offer me a renewal lease?

A renter ought to first contact the owner to acquire a lease. If the owner fails to offer a renewal lease, the occupant has a right to submit a complaint with DHCR on type RA-90, Tenant's Complaint Of Owner's Failure To Renew Lease And/Or Failure To Furnish A Copy of A Signed Lease. For additional information, see Fact Sheet # 4.

6) When a lease has several tenants called on the lease, what is the effect on the rent to be charged at the time of the lease renewal, when one of the called renters abandons?

In the occasion that 2 renters are called on a lease and one tenant leaves, the remaining renter is entitled to a lease renewal in their name. However, if the staying renter wishes to add a new renter to replace the vacating occupant, it is up to the owner to approve of this. If authorized, the owner is entitled to provide a vacancy lease with any legal lease increases.

7) Are the partners in legally carried out same sex marital relationships, entitled to the very same lease defenses suitable to partners in legally performed opposite sex marital relationships?

Yes. This will widen the scope of both how succession rights can apply and the right to consist of the name of a spouse on the lease.

8) Does an occupant in a rent stabilized apartment can include their partner's name to the lease?

Yes. The tenant has the right to demand that the owner add the name of his, her or their partner to the lease as an additional renter if the spouse lives in the apartment as a primary house. The owner is required to add the additional names at the time of lease renewal. There is no rent increase connected with this modification, aside from the authorized renewal lease boost rates in impact at the time of renewal.

9) Is the landlord allowed to collect additional down payment money at the time of a lease renewal, while a DHCR lease decrease order is in result?

Yes, provided that the landlord has provided, and the tenant has actually accepted a lease renewal. This consists of lease reductions for fire harmed or uninhabited order homes where the lease has actually been lowered to $1.00.

10) Under what scenarios can the collection of a security deposit be waived?

When an owner states in composing that a down payment is no longer required and returns it in its entirety, the owner waives their right to gather any down payment in the future from an existing tenant. This waiver will use to any subsequent brand-new owner who can not request a security deposit from this renter.

When there is a modification in ownership of a structure, and the brand-new owner demands a security deposit from a tenant where the previous owner did not request it, the brand-new owner can gather a down payment only if the tenant's vacancy lease includes a provision for a security deposit, with a quantity defined. If it does not contain this arrangement, the brand-new owner can not charge the renter a down payment.

11) My building owners believed that I no longer used my house as my main house due to my annual winter season residency in Florida. As an outcome, they did not offer me a timely lease renewal. However, they stopped working to prove this in court and now have to offer me a renewal lease. When does it commence and what are my rights?

In New York City City, renewal leases are required to be provided in between 90 and 150 days prior to the expiration of a lease.

In this circumstance, the owners would offer a renewal lease less than 90 days prior to the expiration of the existing lease. Therefore, the tenant has the alternative of asking for that the lease be dated to begin on (1) the date a renewal lease would have begun had a timely deal been made or (2) on the first rent payment date occurring at least 90 days after the date that the owner does offer the lease to the renter.

The guideline increase to be charged can never ever be more than the rate in result on the date in option (1 ). Whether the renter chooses alternative (1) or (2 ), the brand-new rent will not go into effect before the very first rent payment date occurring a minimum of 90 days after the deal is made. For more details, see Fact Sheet # 4.

While non-primary house concerns are solely figured out by the courts, the code discusses numerous factors to be thought about when making a decision. These elements include however are not restricted to the addresses on income tax return, automobile registrations, motorist licenses, voting addresses, and occupancy of a housing lodging of less than 183 days.

12) My first lease contained a provision that forbade the ownership of pets on the rental residential or commercial property. However, I purchased a pet and it has been living in the apartment or condo with me for four years. The owner is threatening to not restore my lease and/or to evict me due to the fact that of my persistence on keeping my pet. What are my rights?

The right to own an animal is identified mainly by lease arrangements however is also based on N.Y.C Admin. Code Sec. 27-2009.1, commonly called the "Pet Law." Issues developing under the Pet Law are not chosen by this agency. Matters that can not be settled in between the parties ought to be brought to court.

The Pet Law offers in part that where a tenant harbors a family pet for three months or more and the owner or his, her or their agent knows this truth but fails within this 3 month period to continue to court to impose the lease arrangement that prohibits animals, the lease provision will be considered waived.

However, the lease arrangement can not be waived if the animal damages the facilities, develops a nuisance, or hinders the health, safety, or welfare of other renters.

To view Section 27-2009.1, see page 12 of the NYC Housing Maintenance Code.

13) Can owners require tenants to buy rental insurance coverage for their apartment or condos?

Owners are only enabled to require occupants to purchase rental insurance coverage for their houses if it is included as an arrangement in their job leases. It can not be added for the first time to a renewal lease. In absence of that job lease provision, owners are not enabled to need the purchase of rental insurance.

14) Are owners required to accept lease checks signed by somebody who is not called on the lease?

No. Owners are not needed to accept lease checks signed by somebody who is not the renter of record, named on the lease.

15) An apartment subject to lease control is left. It is now being rented as lease supported for the very first time. Can the owner charge the tenant a preferential rent that is less than the Initial rent supported lease?

The lease really charged and paid by the first supported tenant is the initial lease supported rent. Therefore, in the majority of situations there can not be an extra preferential lease. Exceptions exist if the subject house is subject to a regulatory contract and the supervising company develops a lower rent.