1)Can an owner require me to accept an electronic lease offer?
No, owners who choose to offer an electronic lease must first obtain the tenant’s voluntary written consent on form EL-TVC Electronic Lease Offer: Tenant’s Voluntary Consent Form.
Tenants who voluntarily agree with the offer may sign the consent form electronically and return it electronically or if necessary, sign the consent form manually and return the form to the owner by postal mail or personal service. If there are multiple tenants named on the lease, other than spouses or domestic partners, each tenant must provide their signature to authorize consent to the electronic offer provided by the owner.
Any tenant who believes that they are being coerced into signing the voluntary consent form, is threatened with retaliation for refusing to sign, or asserts their signature was fraudulently added to the form, can file a DHCR Tenant’s Statement of Complaint(s) – Harassment (RA-60h).
For more information on the rights and responsibilities, instructions, and procedures regarding electronic lease renewal offerings, see Operational Bulletin 2022-1 and form EL-TVC.
2) How much of an increase in rent will I have to pay in NYC when my lease is renewed?
The owner may charge a rent increase based on guidelines promulgated by the applicable Rent Guidelines Board. In certain instances, the rent increase may be calculated to include applicable Major Capital Improvement or Individual Apartment Improvement increases. For more information, seeFact Sheet #26and/or the NYC Rent Guidelines Board's website for the current guideline information.
3) Do I have a right to renew my lease?
Tenants in rent stabilized apartments have a right to select a one- or two-year renewal lease term. Generally, the renewal lease must keep the same terms and conditions as the expiring lease. For more information, seeFact Sheet #4.
4) Under rent stabilization in NYC, when must the renewal lease be offered?
The owner must give written notice of renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires. A failure of the tenant to respond within 60 days of the offering may lead to eviction proceedings. For more information, see Fact Sheet #4.
5) What if my owner does not offer me a renewal lease?
A tenant should first contact 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 formRA-90, Tenant's Complaint Of Owner's Failure To Renew Lease And/Or Failure To Furnish A Copy of A Signed Lease. For more information, seeFact Sheet #4.
6) When a lease has multiple tenants named on the lease, what is the effect on the rent to be charged at the time of the lease renewal, when one of the named tenants vacates?
In the event that two tenants are named on a lease and one tenant moves out, the remaining tenant is entitled to a lease renewal in their name. However, if the remaining tenant wants to add a new tenant to replace the vacating tenant, it is up to the owner to approve of this. If approved, the owner is entitled to issue a vacancy lease with any lawful rent increases.
7) Are the spouses in lawfully performed same sex marriages, entitled to the same rent protections applicable to spouses in lawfully performed opposite sex marriages?
Yes. This will broaden 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 tenant in a rent stabilized apartment have the right to add their spouse's name to the lease?
Yes. The tenant has the right to request that the owner add the name of his, her or their spouse to the lease as an additional tenant if the spouse resides in the apartment as a primary residence. The owner is required to add the additional names at the time of lease renewal. There is no rent increase associated with this change, other than the approved renewal lease increase rates in effect at the time of renewal.
9) Is the landlord permitted to collect additional security deposit money at the time of a lease renewal, while a DHCR rent reduction order is in effect?
Yes, provided that the landlord has offered, and the tenant has accepted a lease renewal. This includes rent reductions for fire damaged or vacant order apartments where the rent has been reduced to $1.00.
10) Under what circ*mstances can the collection of a security deposit be waived?
When an owner states in writing that a security deposit is no longer requiredand returns it in its entirety, the owner waives their right to collect any security deposit in the future from an existing tenant. This waiver will apply to any subsequent new owner who cannot request a security deposit from this tenant.
When there is a change 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 new owner can collect a security deposit only if the tenant’s vacancy lease contains a provision for a security deposit, with an amount specified. If it does not contain this provision, the new owner cannot charge the tenant a security deposit.
11) My building owners thought that I no longer used my apartment as my primary residence due to my annual winter residency in Florida. As a result, they did not offer me a timely lease renewal. However, they failed 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, renewal leases are required to be offered between 90 and 150 days prior to the expiration of a lease.
In this situation, the owners would offer a renewal lease less than 90 days prior to the expiration of the existing lease. Therefore, the tenant has the option of requesting 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 first rent payment date occurring at least 90 days after the date that the owner does offer the lease to the tenant.
The guideline increase to be charged can never be more than the rate in effect on the date in option (1). Whether the tenant chooses option (1) or (2), the new rent shall not go into effect before the first rent payment date occurring at least 90 days after the offer is made. For more information, see Fact Sheet #4.
While primary residence issues are exclusively determined by the courts, the rent stabilization code mentions several factors to be taken into consideration when making a determination. These factors include but are not limited to the addresses on tax returns, motor vehicle registrations, driver licenses, voting addresses, and occupancy of a housing accommodation of less than 183 days.
12) My first lease contained a provision that prohibited the possession of pets on the rental property. However, I bought a dog and it has been living 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 pet is determined largely by lease provisions but is also subject to N.Y.C Admin. Code Sec. 27-2009.1, commonly called the “Pet Law.” Issues arising under the Pet Law are not decided by this agency. Matters that cannot be settled between the parties should be brought to court.
The Pet Law provides in part that where a tenant harbors a pet for three months or more and the owner or his, her or their agent has knowledge of this fact but fails within this three month period to proceed to court to enforce the lease provision that prohibits pets, the lease provision shall be deemed waived.
However, the lease provision cannot be waived if the pet damages the premises, creates a nuisance, or interferes with the health, safety, or welfare of other tenants.
To view Section 27-2009.1, see page 12 of the NYCHousing Maintenance Code.
13) Can owners require tenants to purchase rental insurance for their apartments?
Owners are only allowed to require tenants to purchase rental insurance for their apartments if it is included as a provision in their vacancy leases. It cannot be added for the first time to a renewal lease. In absence of that vacancy lease provision, owners are not allowed to require the purchase of rental insurance.
14) Are owners required to accept rent checks signed by someone who is not named on the lease?
No. Owners are not required to accept rent checks signed by someone who is not the tenant of record, named on the lease.
15) An apartment subject to rent control is vacated. It is now being rented as rent stabilized for the first time. Can the owner chargethe tenant a preferential rent that is less than the Initial rent stabilized rent?
No. The rent actually charged and paid by the first stabilized tenant is the initial rent stabilized rent. Therefore, there cannot be a preferential rent.
