Leases (Down Payment, Roommates, Sublets, And More).

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No, owners who choose to use an electronic lease must first acquire the occupant's voluntary written approval on form EL-TVC Electronic Lease Offer: Tenant's Voluntary Consent Form.

No, owners who select to use an electronic lease should initially obtain the renter's voluntary composed approval on kind EL-TVC Electronic Lease Offer: Tenant's Voluntary Consent Form.


Tenants who voluntarily agree with the deal might sign the approval form digitally and return it digitally or if required, sign the approval type manually and return the type to the owner by postal mail or personal service. If there are multiple occupants named on the lease, besides spouses or domestic partners, each occupant should offer their signature to license authorization to the electronic deal supplied by the owner.


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


For more details on the rights and responsibilities, guidelines, and treatments relating to electronic lease renewal offerings, see Operational Bulletin 2022-1 and form EL-TVC.


2) How much of a boost in lease will I need to pay when my lease is restored?


The owner might charge a rent boost based on lease guidelines approved by the suitable Rent Guidelines Board. In certain circumstances, the rent boost might be determined to include relevant Major Capital Improvement or Individual Apartment Improvement boosts. For additional information, including current lease standards, see Fact Sheet # 26.


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


Tenants in lease supported apartments have a right to pick a one- or two-year renewal lease term. Generally, the renewal lease need to keep the same terms as the expiring lease. To learn more, see Fact Sheet # 4.


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


In New York City (NYC), owners should provide written notice of renewal by mail or personal shipment not more than 150 days and not less than 90 days before the existing lease expires. Outside of NYC, owners need to first sign and date the renewal notice, and after that send it by certified mail not more than 120 days and not less than 90 days before the existing lease expires. Tenants have 60 days to select a lease term, sign the lease, and return it to the owner. Failure to respond within 60 days of the lease offering might lead to eviction procedures. For additional information, see Fact Sheet # 4.


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


A renter ought to first call the owner to obtain a lease. If the owner fails to provide a renewal lease, the tenant has a right to file a complaint with DHCR on kind RA-90, Tenant's Complaint Of Owner's Failure To Renew Lease And/Or Failure To Furnish A Copy of A Signed Lease. To learn more, see Fact Sheet # 4.


6) When a lease has numerous renters called on the lease, what is the impact on the lease to be charged at the time of the lease renewal, when among the called occupants leaves?


In case 2 tenants are called on a lease and one renter moves out, the staying tenant is entitled to a lease renewal in their name. However, if the staying renter wishes to add a new occupant to replace the vacating tenant, it is up to the owner to approve of this. If authorized, the owner is entitled to release a vacancy lease with any legal rent boosts.


7) Are the partners in lawfully carried out same sex marital relationships, entitled to the exact same rent securities suitable to partners in legally performed opposite sex marital relationships?


Yes. This will broaden the scope of both how succession rights can use and the right to include the name of a spouse on the lease.


8) Does an occupant in a lease stabilized apartment have the right to include their spouse's name to the lease?


Yes. The tenant can request that the owner add the name of his, her or their spouse to the lease as an extra tenant if the spouse lives in the apartment or condo as a main residence. The owner is required to include the additional names at the time of lease renewal. There is no lease increase associated with this change, other than the authorized renewal lease increase rates in result at the time of renewal.


9) Is the property owner permitted to collect extra down payment money at the time of a lease renewal, while a DHCR lease reduction order is in impact?


Yes, provided that the proprietor has offered, and the tenant has actually accepted a lease renewal. This includes lease decreases for fire damaged or uninhabited order homes where the lease has actually been decreased to $1.00.


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


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


When there is a modification in ownership of a building, and the new owner requests a security deposit from a tenant where the prior owner did not request it, the brand-new owner can collect a down payment just if the occupant's job lease consists of a provision for a security deposit, with a quantity specified. If it does not contain this arrangement, the new owner can not charge the renter a down payment.


11) My building owners thought that I no longer used my apartment or condo as my main home due to my yearly winter 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 need to provide 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 situation, the owners would use a renewal lease less than 90 days prior to the expiration of the existing lease. Therefore, the occupant has the choice of requesting that the lease be dated to start 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 a minimum of 90 days after the date that the owner does offer the lease to the tenant.


The guideline boost to be charged can never ever be more than the rate in impact on the date in option (1 ). Whether the renter selects choice (1) or (2 ), the brand-new rent shall not enter into effect before the very first lease payment date happening at least 90 days after the deal is made. For more details, see Fact Sheet # 4.


While non-primary residence problems are specifically determined by the courts, the lease stabilization code points out several aspects to be considered when making a decision. These aspects include however are not restricted to the addresses on income tax return, automobile registrations, chauffeur licenses, voting addresses, and tenancy of a housing lodging of less than 183 days.


12) My very first lease consisted of a provision that forbade the possession of pets on the rental residential or commercial property. However, I purchased a dog and it has actually been residing in the apartment or condo with me for 4 years. The owner is threatening to not restore my lease and/or to evict me since of my insistence on keeping my animal. What are my rights?


The right to own a family pet is determined mostly by lease arrangements however is likewise subject to N.Y.C Admin. Code Sec. 27-2009.1, commonly called the "Pet Law." Issues developing under the Pet Law are not decided by this company. Matters that can not be settled in between the parties need to be given court.


The Pet Law offers in part that where a renter harbors a pet for 3 months or more and the owner or his, her or their representative understands this truth but fails within this three month duration to proceed to court to enforce the lease provision that forbids animals, the lease arrangement will be considered waived.


However, the lease provision can not be waived if the family pet harms the properties, produces a nuisance, or disrupts the health, safety, or welfare of other tenants.


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


13) Can owners need occupants to acquire rental insurance for their apartment or condos?


Owners are just enabled to require renters to buy rental insurance coverage for their apartments if it is included as a provision in their vacancy leases. It can not be included for the very first time to a renewal lease. In absence of that vacancy lease provision, owners are not enabled to require the purchase of rental insurance.


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


No. Owners are not required to accept lease checks signed by someone who is not the tenant of record, called on the lease.


15) A home subject to rent control is vacated. It is now being leased as rent stabilized for the first time. Can the owner charge the renter a preferential rent that is less than the Initial lease stabilized lease?


The rent in fact charged and paid by the very first supported tenant is the initial lease supported lease. Therefore, in a lot of scenarios there can not be an extra preferential lease. Exceptions exist if the subject apartment goes through a regulative contract and the supervising agency develops a lower lease.

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