Landlord refused to send me lease renewal for rent stabilized apt

[nystudent]

What is the name of your state (only U.S. law)? NY

I live in a rent stabilized apt in Manhattan. My 1-year renewable lease expires on March 31 and I get my renewal notice at the end of November. By December of last year I didn't have the renewal notice and started calling my management agency. They kept telling me they were "too busy" to issue a lease renewal but I shouldn't worry because I was "fine."

Instead of a lease renewal they sent me a rent statement that included my new lease date of April 1, 2008 - March 31, 2009 but they never sent me a lease renewal form even though I've been calling for the past 7 months. On July 1st I got a new roommate, went through the entire process of submitting information to the management co. and they said my roommate's credit had been approved and they had switched the names on the lease. I asked them to send me a copy and they said they'd fax it to me that same day but they didn't.

For the past 3 weeks I've been calling them and they always come up with an excuse not to send me the lease renewal with my new roommate's name on it. They keep telling me that they have the paper somewhere but can't find it or they're "too busy" to fax it. Finally they said that they'd have to come inspect the apt. in order to renew the lease (this after they'd told me that they had already switched the names on the lease).

This morning the manager came to my apt and said all of this:
1. He'll take away our washer/dryer so we have more space
2. I don't have a lease because my lease expired on March 31 so I'm a month-to-month tenant
3. If I want to retro-renew the lease to April 1, 2008 I can do that but he won’t add my roommate’s name to the lease because “sometimes you live with a person and they are crazy and I don’t know if your roommate is crazy, if he has credit” (my roommate was sitting right next to me)
4. If I want to have a shared lease with my roommate he’ll have to issue a new lease “very similar to the one have or just few changes” and the rent “will be a little bit more, maybe seventy five dollars or two hundred dollars but it won’t be more than 2,000” (my rent currently is $1,800 and from what I know of the law, he’s not supposed to raise it by more than $54)

What are my options and legal rights?

I’m filing a complaint with the NY State Dept of Housing for landlord’s refusal to give me and to renew a lease but I want my new roommate on the lease. We’ve always switched roommate names on the lease and now this jerk off says I can’t out of nowhere.

Thanks for your help!

 

[Alaska landlord]

It looks to me like you started the ball rolling and now are crying about the path it has taken. Look up your rights for a rent stablized apt. Sometimes what you assume to be not within a the LL's legal rights actually are.

 

[nystudent]

I don't understand what you mean by I "got the ball rolling." How? By requesting the lease to which I'm entitled?

 

[reenzz]

While I do live in NY...but not NYC. I believe the rent control laws require the landlord to renew the lease for you...but they are not required to add on a roommate. While they may have done it in the past...it is simply not your decision and at the descretion of the landlord.

 

[Alaska landlord]

I don't understand what you mean by I "got the ball rolling." How? By requesting the lease to which I'm entitled?

Yes! By stepping out of the crowd and drawing attention to yourself.

 

[nystudent]

Yes! By stepping out of the crowd and drawing attention to yourself.

Having gotten evicted before and losing my deposit for not having a lease, the last thing I (and any other NYC tenants) want is not to have a lease when I've a huge chunk of money for deposit and last month's rent with these people. You've got to have a lease.

 

[nystudent]

While I do live in NY...but not NYC. I believe the rent control laws require the landlord to renew the lease for you...but they are not required to add on a roommate. While they may have done it in the past...it is simply not your decision and at the descretion of the landlord.

Thanks for your reply. I'm sure you're right and it's so frustrating that they'd do this. The *******s!

 

[BL]

Give a copy of this to your LL.

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html


RENEWAL LEASES

Except for rent-regulated apartments, a tenant may only renew the lease with the consent of the landlord. A lease may contain an automatic renewal clause. In such case, the landlord must give the tenant advance notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (General Obligations Law § 5-905)

The renewal leases for rent stabilized tenants must be on the same terms and conditions as the prior lease and rent increases, if any, are limited by law but may provide for a rent increase according to rates permitted by the Rent Guidelines Board. Rent stabilized tenants may choose either a one-year or a two-year renewal lease. For New York City rent-stabilized tenants, the landlord must give written notice to the tenant of the right to renewal no more than 150 days and not less than 120 days prior to the end of the lease. After the notice of renewal is given, the tenant has 60 days in which to accept. If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings.


New York City rent stabilized tenants are entitled to receive from their landlords a fully executed copy of their signed lease within 30 days of the landlord's receipt of the lease signed by the tenant. The lease's beginning and ending dates must be stated. (Rent Stabilization Code ("RSC") §2522.5)

 

[nystudent]

Thank you for your answer!

This is great. I'm doing a lot of research and will be submitting a complaint through the NYS Housing Division.

Give a copy of this to your LL.

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html


RENEWAL LEASES

Except for rent-regulated apartments, a tenant may only renew the lease with the consent of the landlord. A lease may contain an automatic renewal clause. In such case, the landlord must give the tenant advance notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (General Obligations Law § 5-905)

The renewal leases for rent stabilized tenants must be on the same terms and conditions as the prior lease and rent increases, if any, are limited by law but may provide for a rent increase according to rates permitted by the Rent Guidelines Board. Rent stabilized tenants may choose either a one-year or a two-year renewal lease. For New York City rent-stabilized tenants, the landlord must give written notice to the tenant of the right to renewal no more than 150 days and not less than 120 days prior to the end of the lease. After the notice of renewal is given, the tenant has 60 days in which to accept. If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings.


New York City rent stabilized tenants are entitled to receive from their landlords a fully executed copy of their signed lease within 30 days of the landlord's receipt of the lease signed by the tenant. The lease's beginning and ending dates must be stated. (Rent Stabilization Code ("RSC") §2522.5)