Leases (Security Deposits, Roommates, Sublets, And More).

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No, owners who select to provide an electronic lease must first acquire the renter's voluntary written approval on kind EL-TVC Electronic Lease Offer: Tenant's Voluntary Consent Form.

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


Tenants who willingly concur with the deal may sign the approval kind digitally and return it electronically or if essential, sign the approval kind manually and return the type to the owner by postal mail or personal service. If there are several renters named on the lease, aside from spouses or domestic partners, each renter needs to provide their signature to authorize grant the electronic deal supplied by the owner.


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


To find out more on the rights and responsibilities, directions, and treatments relating to electronic lease renewal offerings, see Operational Bulletin 2022-1 and form EL-TVC.


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


The owner might charge a rent increase based upon lease guidelines authorized by the relevant Rent Guidelines Board. In specific circumstances, the rent increase might be determined to consist of suitable Major Capital Improvement or Individual Apartment Improvement boosts. For more details, consisting of present lease standards, see Fact Sheet # 26.


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


Tenants in rent stabilized houses have a right to choose a one- or two-year renewal lease term. Generally, the renewal lease should keep the exact same terms as the ending lease. To find out more, see Fact Sheet # 4.


4) Under lease stabilization when must the renewal lease be offered?


In New York City (NYC), owners should offer written notice 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 notification, and then 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 choose a lease term, sign the lease, and return it to the owner. Failure to react within 60 days of the lease offering may cause expulsion proceedings. For more details, see Fact Sheet # 4.


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


A renter must initially contact the owner to acquire a lease. If the owner fails to supply a renewal lease, the occupant has a right to file a problem 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. For more details, see Fact Sheet # 4.


6) When a lease has numerous occupants named on the lease, what is the impact on the rent to be charged at the time of the lease renewal, when one of the called tenants vacates?


In the event that two 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 tenant desires to include a brand-new tenant to replace the leaving tenant, it depends on the owner to authorize of this. If approved, the owner is entitled to issue a job lease with any legal rent increases.


7) Are the partners in lawfully carried out exact same sex marriages, entitled to the same rent securities appropriate to spouses in lawfully carried out opposite sex marriages?


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


8) Does an occupant in a lease supported home can include their partner's name to the lease?


Yes. The renter deserves to request that the owner add the name of his, her or their partner to the lease as an extra renter if the spouse lives in the house as a main house. The owner is needed to add the additional names at the time of lease renewal. There is no lease increase associated with this change, besides the authorized renewal lease increase rates in result at the time of renewal.


9) Is the property owner permitted to collect extra security deposit money at the time of a lease renewal, while a DHCR rent decrease order is in result?


Yes, supplied that the proprietor has used, and the tenant has accepted a lease renewal. This includes rent decreases for fire damaged or vacant order houses where the lease has been lowered to $1.00.


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


When an owner states in composing that a security deposit is no longer needed 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 new owner who can not request a down payment from this tenant.


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


11) My building owners thought that I no longer used my apartment or condo as my main house due to my annual winter season residency in Florida. As an outcome, they did not use me a prompt lease renewal. However, they failed to prove this in court and now need to offer me a renewal lease. When does it commence and what are my rights?


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


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


The standard increase to be charged can never be more than the rate in effect on the date in choice (1 ). Whether the renter chooses option (1) or (2 ), the brand-new rent shall not enter into impact before the first rent payment date occurring a minimum of 90 days after the offer is made. For additional information, see Fact Sheet # 4.


While non-primary residence issues are specifically determined by the courts, the rent stabilization code mentions several factors to be taken into account when making a determination. These factors consist of however are not limited to the addresses on income tax return, motor vehicle registrations, motorist licenses, voting addresses, and occupancy of a housing lodging of less than 183 days.


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


The right to own a family pet is determined mostly by lease provisions but is also based on N.Y.C Admin. Code Sec. 27-2009.1, commonly called the "Pet Law." Issues occurring under the Pet Law are not decided by this agency. Matters that can not be settled in between the parties ought to be given court.


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


However, the lease arrangement can not be waived if the family pet damages the facilities, produces an annoyance, or hinders 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 need tenants to purchase rental insurance coverage for their homes?


Owners are just enabled to need occupants to acquire rental insurance for their apartments if it is consisted of as an arrangement in their vacancy leases. It can not be included for the very first time to a renewal lease. In lack of that vacancy lease provision, owners are not allowed to require the purchase of rental insurance coverage.


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


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


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


The rent in fact charged and paid by the first stabilized tenant is the initial lease supported rent. Therefore, in many circumstances there can not be an extra preferential rent. Exceptions exist if the subject home is subject to a regulative agreement and the supervising agency develops a lower rent.

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