Leases Down Payment Roommates Sublets And More .

No, owners who pick to use an electronic lease needs to initially obtain the tenant's voluntary composed authorization on kind EL-TVC Electronic Lease Offer: Tenant's Voluntary Consent Form.


Tenants who willingly concur with the offer may sign the approval type digitally and return it electronically or if essential, sign the approval kind by hand and return the form to the owner by postal mail or personal service. If there are multiple renters called on the lease, aside from partners or domestic partners, each occupant must supply their signature to license grant the electronic deal provided by the owner.


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


For additional information on the rights and obligations, instructions, and procedures concerning electronic lease renewal offerings, see Operational Bulletin 2022-1 and form EL-TVC.


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


The owner may charge a lease boost based upon lease guidelines authorized by the applicable Rent Guidelines Board. In particular instances, the lease increase may be calculated to include suitable Major Capital Improvement or Individual Apartment Improvement boosts. To find out more, including present lease guidelines, see Fact Sheet # 26.


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


Tenants in lease supported apartments have a right to select a one- or two-year renewal lease term. Generally, the renewal lease must keep the same conditions as the ending lease. For additional information, see Fact Sheet # 4.


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


In New York City (NYC), owners need to offer written notification of renewal by mail or individual delivery 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 licensed mail not more than 120 days and not less than 90 days before the existing lease ends. Tenants have 60 days to pick 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 expulsion proceedings. For more details, see Fact Sheet # 4.


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


An occupant must first call the owner to get a lease. If the owner stops working to supply a renewal lease, the occupant has a right to submit a complaint with DHCR on form RA-90, Tenant's Complaint Of Owner's Failure To Renew Lease And/Or Failure To Furnish A Copy of A . For more details, see Fact Sheet # 4.


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


On the occasion that two tenants are named on a lease and one renter leaves, the remaining occupant is entitled to a lease renewal in their name. However, if the staying renter desires to include a brand-new occupant to replace the vacating tenant, it depends on the owner to authorize of this. If approved, the owner is entitled to release a vacancy lease with any legal lease boosts.


7) Are the spouses in lawfully performed same sex marital relationships, entitled to the very same lease securities appropriate to partners in lawfully carried out opposite sex marriages?


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


8) Does a renter in a lease supported apartment or condo can add their partner's name to the lease?


Yes. The occupant can demand that the owner include the name of his, her or their partner to the lease as an extra tenant if the spouse resides in the home as a main home. The owner is required to add the additional names at the time of lease renewal. There is no lease boost related to this change, aside from the authorized renewal lease boost rates in result at the time of renewal.


9) Is the property manager permitted to gather extra down payment cash at the time of a lease renewal, while a DHCR rent decrease order is in impact?


Yes, offered that the landlord has offered, and the renter has actually accepted a lease renewal. This consists of rent reductions for fire harmed or vacant order apartment or condos where the rent has actually been minimized to $1.00.


10) Under what scenarios can the collection of a down payment be waived?


When an owner states in writing that a down payment is no longer required and returns it in its totality, the owner waives their right to collect any down payment in the future from an existing occupant. This waiver will apply to any subsequent brand-new owner who can not ask for a security deposit from this occupant.


When there is a modification in ownership of a structure, and the new owner requests a down payment from a renter where the prior owner did not request it, the brand-new owner can gather a security deposit just if the occupant's vacancy lease consists of an arrangement for a down payment, with an amount defined. If it does not contain this arrangement, the new owner can not charge the tenant a down payment.


11) My structure owners thought that I no longer utilized my house as my main home due to my annual winter residency in Florida. As a result, they did not provide me a timely lease renewal. However, they stopped working to show 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, renewal leases are required to be used in between 90 and 150 days prior to the expiration of a lease.


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


The guideline increase to be charged can never be more than the rate in impact on the date in choice (1 ). Whether the renter chooses option (1) or (2 ), the brand-new rent shall not enter into result before the first lease payment date happening a minimum of 90 days after the deal is made. To learn more, see Fact Sheet # 4.


While non-primary home issues are exclusively determined by the courts, the rent stabilization code mentions numerous aspects to be taken into account when making a determination. These elements include but are not limited to the addresses on income tax return, motor car registrations, motorist licenses, voting addresses, and tenancy of a housing accommodation of less than 183 days.


12) My first lease contained an arrangement that restricted the ownership of animals on the rental residential or commercial property. However, I purchased a pet and it has actually been residing in the apartment with me for four years. The owner is threatening to not renew my lease and/or to evict me because of my insistence on keeping my pet. What are my rights?


The right to own a family pet is identified mainly by lease provisions however is likewise based on N.Y.C Admin. Code Sec. 27-2009.1, typically called the "Pet Law." Issues arising under the Pet Law are not decided by this company. Matters that can not be settled between the parties ought to be brought to court.


The Pet Law supplies in part that where a tenant harbors a pet for 3 months or more and the owner or his, her or their representative understands this reality but stops working within this 3 month period to proceed to court to enforce the lease arrangement that forbids family pets, the lease provision shall be considered waived.


However, the lease provision can not be waived if the pet harms the premises, produces a problem, or disrupts the health, safety, or well-being of other occupants.


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 just enabled to need tenants to buy rental insurance for their houses if it is consisted of as an arrangement in their job leases. It can not be included for the first time to a renewal lease. In lack of that vacancy lease provision, owners are not permitted to require the purchase of rental insurance.


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


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


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


The lease really charged and paid by the first supported occupant is the initial rent stabilized lease. Therefore, in most circumstances there can not be an additional preferential lease. Exceptions exist if the subject house is subject to a regulatory arrangement and the supervising firm establishes a lower rent.