If a property or unit is rent stabilized that means that the building is subject to the rent stabilization law. Typically a property is rent stabilized if 6 or more units built prior to 1974 and/or J51 abatement and/or 421-A and/or other regulatory agreements. If the building is new construction then you may not be subject to rent stabilization law, additionally there are other exceptions and exemptions to the law. If you are not sure if your property is rent stabilized you should contact an attorney immediately.
If you know your property and/or unit is subject to rent stabilization law then you should be aware that the rent stabilization law requires strict compliance and must be followed by the landlord including but not limited to the following:
-offering and maintaining proper rent stabilized leases;
-giving renewal leases with 90-150 days prior to expiration;
-increasing the rent pursuant to the yearly rent guideline board;
-registering yearly and properly with DHCR; registering yearly for the MDR (multiple dwelling registration) and more.
When offering a renewal lease, a landlord must send the offer within 90-150 days prior to the expiration of the existing lease; the offer must be a 1 or a 2 year offer and must comply with the DHCR rent guideline board allowable increases.
The landlord should send the offer via certified mail to keep a record as well as deliver in person in hopes of getting the renewal executed on the spot.
**Landlord PRACTICE TIP: DO NOT SIGN THE RENEWAL PRIOR TO THE TENANT SIGNING; ALWAYS SEND A BLANK VERSION AND SIGN ONCE IT IS SENT BACK.
If the tenant fails and/or refuses to sign and return the renewal lease within 60 days after being sent then the landlord will have to start a failure to renew holdover proceeding against the tenant, the landlord must start this case because if the tenant does not sign then the landlord cannot increase the rent. Unfortunately, more and more I am seeing many tenants playing this game in order to prevent rental increases from be enforced but the good news is that if the renewal was sent timely and properly (certified mail) then once we are in court we will force the tenant to sign the renewal lease which will become in effect retroactively.
Below is the FACT SHEET from DHCR with additional info
If your tenant is playing games, not paying rent and/or being a bad tenant call now to discuss your options. Call Now and speak with an actual attorney: 718-938-9732.