Leases (Security Deposits, Roommates, Sublets, And More).
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No, owners who choose to use an electronic lease must initially get the tenant's voluntary composed authorization on form EL-TVC Electronic Lease Offer: Tenant's Voluntary Consent Form.

Tenants who voluntarily concur with the deal may sign the approval form electronically and return it digitally or if required, sign the permission type manually and return the type to the owner by postal mail or individual service. If there are several occupants named on the lease, besides partners or domestic partners, each occupant should provide their signature to authorize approval to the electronic offer supplied by the owner.

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

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

2) How much of an increase in lease will I need to pay when my lease is renewed?

The owner may charge a lease increase based on lease guidelines approved by the relevant Rent Guidelines Board. In particular circumstances, the lease increase might be determined to include appropriate Major Capital Improvement or Individual Apartment Improvement boosts. For more info, including current lease guidelines, see Fact Sheet # 26.

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

Tenants in rent supported houses have a right to choose a one- or two-year renewal lease term. Generally, the renewal lease must keep the same terms and conditions 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 need to provide written notification of renewal by mail or individual shipment not more than 150 days and not less than 90 days before the existing lease expires. Outside of NYC, owners must 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 select a lease term, sign the lease, and return it to the owner. Failure to react within 60 days of the lease offering may lead to eviction proceedings. To learn more, see Fact Sheet # 4.

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

A tenant should first get in touch with the owner to acquire a lease. If the owner stops working to provide a renewal lease, the renter has a right to submit a problem 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 Signed Lease. For more information, see Fact Sheet # 4.

6) When a lease has several renters 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 named renters vacates?

In case 2 tenants are named on a lease and one renter moves out, the staying renter is entitled to a lease renewal in their name. However, if the remaining renter wishes to add a new tenant to replace the vacating occupant, it depends on the owner to authorize of this. If approved, the owner is entitled to provide a vacancy lease with any lawful lease boosts.

7) Are the partners in lawfully carried out same sex marriages, entitled to the very same rent protections suitable to spouses in legally carried out opposite sex marital relationships?

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

8) Does a renter in a rent supported apartment can include their partner's name to the lease?

Yes. The occupant has the right to demand that the owner add the name of his, her or their spouse to the lease as an extra occupant if the partner resides in the apartment or condo as a primary residence. The owner is needed to add the extra names at the time of lease renewal. There is no rent increase associated with this modification, aside from the authorized renewal lease increase rates in impact at the time of renewal.

9) Is the landlord permitted to gather additional down payment cash at the time of a lease renewal, while a DHCR lease reduction order is in effect?

Yes, supplied that the proprietor has actually used, and the renter has accepted a lease renewal. This includes lease reductions for fire damaged or vacant order apartment or condos where the rent has been decreased to $1.00.

10) Under what scenarios can the collection of a down payment 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 down payment in the future from an existing renter. This waiver will apply to any subsequent brand-new owner who can not ask for 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 an occupant where the previous owner did not request it, the brand-new owner can collect a security deposit just if the occupant's vacancy lease consists of an arrangement for a security deposit, with a quantity defined. If it does not contain this arrangement, the brand-new owner can not charge the tenant a security deposit.

11) My structure owners believed that I no longer used my house as my primary residence due to my annual winter residency in Florida. As an outcome, they did not provide me a prompt lease renewal. However, they failed to show this in court and now have to use 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 scenario, the owners would use a renewal lease less than 90 days prior to the expiration of the existing lease. Therefore, the renter has the option of asking for that the lease be dated to begin on (1) the date a renewal lease would have begun had a prompt offer been made or (2) on the first rent payment date taking place 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 ever be more than the rate in effect on the date in choice (1 ). Whether the occupant picks option (1) or (2 ), the brand-new rent will not enter into result before the first rent payment date taking place at least 90 days after the deal is made. For additional information, see Fact Sheet # 4.

While non-primary house problems are exclusively figured out by the courts, the rent stabilization code mentions a number of aspects to be taken into factor to consider when making a determination. These factors consist of however are not restricted 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 very first lease consisted of a provision that restricted the ownership of animals on the rental residential or commercial property. However, I purchased a canine and it has actually been living in the home with me for 4 years. The owner is threatening to not restore my lease and/or to evict me due to the fact that of my insistence on keeping my animal. What are my rights?

The right to own an animal is determined mainly by lease arrangements but is also 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 firm. Matters that can not be settled in between the parties should be brought to court.

The Pet Law provides in part that where a tenant harbors an animal for three months or more and the owner or his, her or their agent knows this fact but stops working within this 3 month duration to proceed to court to impose the lease provision that forbids animals, the lease provision will be deemed waived.

However, the lease provision can not be waived if the family pet damages the facilities, develops a problem, or interferes with the health, security, or well-being of other renters.

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 houses?

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

14) Are owners required to accept rent checks signed by somebody 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, called on the lease.

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

The lease really charged and paid by the very first stabilized renter is the preliminary lease supported rent. Therefore, in most situations there can not be an additional preferential lease. Exceptions exist if the subject home undergoes a regulatory agreement and the supervising agency establishes a lower rent.