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The Renewal Lease NYC form is an essential document that facilitates the continuation of a tenant's lease under New York's rent stabilization laws. This form serves both as a notice for lease renewal and a formal contract, requiring careful attention from both owners and tenants. It outlines the rights and obligations inherent in the rental agreement. Specifically, it provides an option for tenants to renew their lease for one or two years, and it presents detailed financial information including the legal rent, the allowable rent increases, and any additional charges associated with the renewal. Security deposit requirements, rental term dates, and any modifications to lease conditions are also clearly stated. Moreover, this document serves to protect tenants' rights, including provisions for reduced rent under programs like SCRIE and DRIE. Importantly, both owners and tenants must complete their respective sections to solidify the renewal process. Failure to adhere to the timelines set forth in the document can lead to significant consequences, like eviction proceedings, highlighting the urgency of understanding and responding appropriately to this form.

Example - Renewal Lease Nyc Form

RENEWAL LEASE FORM

Owners and Tenants should read INSTRUCTIONS TO OWNER and INSTRUCTIONS TO TENANT

on reverse side before filling out or signing this form

THIS IS A NOTICE FOR RENEWAL OF LEASE AND RENEWAL LEASE FORM ISSUED UNDER SECTION 2523.5(a) OF THE RENT STABILIZATION CODE. ALL COPIES OF THIS FORM MUST BE SIGNED BELOW AND RETURNED TO YOUR LANDLORD WITHIN 60 DAYS.

Dated: ________________________ 20_________

 

Tenant's Name(s) and Address:

Owner's /Agent's Name and Address:

___________________________________

__________________________________

___________________________________

__________________________________

___________________________________

__________________________________

___________________________________

__________________________________

1.The owner hereby notifies you that your lease will expire on:

 

 

 

 

 

 

PART A - OFFER TO TENANT TO RENEW

 

 

 

 

2. You may renew this lease, for one or two years, at your option, as follows:

 

 

 

 

 

 

 

Column A

 

Column B

 

 

Column C

 

Column D

 

Column E

 

Column F

 

 

 

 

 

 

 

 

 

 

Renewal

 

Legal Rent on

 

 

Guideline % or

 

Applicable Guideline

 

Lawful Rent Increase,

 

New Legal Rent

 

 

Term

 

Sept.30th Preceding

 

 

Minimum $ Amount

 

Supplement, if any

 

if any, Effective after

 

(If a lower rent

 

 

 

 

Commencement

 

 

 

 

 

 

 

 

 

 

 

(If unknown, check box

 

 

 

 

Sept. 30th

 

is to be charged,

 

 

 

 

Date of this

 

 

 

 

 

 

 

 

 

 

 

 

 

and see below)*

 

 

 

 

 

 

check box and see item

 

 

 

 

Renewal Lease

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5 below)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 Year

 

$_______________

 

(

%) $___________

 

$______________

 

$______________

 

$______________**

 

 

2 Years

 

Same as above

 

(

%) $___________

 

$______________

 

$______________

 

$______________

 

*If applicable guideline rate is unknown at time offer is made, check box in Column C and enter current guideline which will be subject to adjustment when rates are ordered.

**Rent Guidelines Board Order #53 applies to leases commencing between 10/1/21 and 9/30/22. The one (1) year lease guideline increase cannot be applied until the final six (6) months of the lease. There is no guideline increase in the first six (6) months.

3.Security Deposit: *** Collectable after the sixth (6) month of a one-year lease renewal.

Current Deposit: $______________

Additional Deposit Required - 1 year lease:

$___________***

 

Additional Deposit Required - 2 year lease:

$___________

4. Specify separate charges, if applicable:

a. Air conditioner :

$___________

c.

421a (2.2%): $___________

Total separate charges: $_____________

b. Appliances

:

$___________

d.

Other: ________________ $_____________

 

 

 

5. Lower Rent to be charged, if any. 1 year lease $__________, 2 year lease $__________ Agreement attached: Yes

 

No

 

 

 

6.Tenant shall pay a monthly rent (enter amount from 2F or 5) of $______________ for a 1 year renewal or $ ___________ for a 2 year renewal, plus total separate charges (enter amount from 4) $_____________ for a total monthly payment of $_____________ for a 1 year renewal or $____________ for a 2 year renewal.

7.This renewal lease shall commence on ____________________, which shall not be less than 90 days nor more than 150 days from the date of mailing or personal delivery of this Renewal Lease Form. This Renewal Lease shall terminate on ___________________ (1 year lease) or ____________________ (2 year lease).

8.This renewal lease is based on the same terms and conditions as your expiring lease. (See instructions about additional provisions.)

9.SCRIE and DRIE. Owner and Tenant acknowledge that, as of the date of this renewal, Tenant is entitled to pay a reduced monthly rent in the amount of $ _______________ under the New York City SCRIE program or the New York City DRIE program. The reduced rent may be adjusted by orders of such program.

10. Leased premises does

 

 

, does not

 

have an operative sprinkler system. If operative, it was last maintained and inspected

on ____________________

 

.

 

 

 

This form becomes a binding lease renewal when signed by the owner below and returned to the tenant. A rider setting forth the rights and obligations of tenants and owners under the Rent Stabilization Law must be attached to this lease when signed by the owner and returned to the tenant. The rent, separate charges and total payment provided for in this renewal lease may be increased or decreased by order or annual updates of the Division of Housing and Community Renewal (DHCR) or the Rent Guidelines Board (RGB).

PART B - TENANT'S RESPONSE TO OWNER

Tenant: Check and complete where indicated one of three responses below after reading instructions on reverse side. Then date and sign your response below. You must return this Renewal Lease Form to the owner in person or by regular mail, within 60 days of the date this Notice was served upon you by the owner. Your failure to do so may be grounds for the commencement of an action by the owner to evict you from your apartment.

I (we), the undersigned Tenant(s), accept the offer of a one (1) year renewal lease at a monthly rent of $______________, plus

separate charges of $______________ for a total monthly payment of $______________. **No rent increase in the first six (6) months.

I (we), the undersigned Tenants(s), accept the offer of a two (2) year renewal lease at a monthly rent of $______________, plus

separate charges of $______________ for a total monthly payment of $______________.

I (we) will not renew my (our) lease and I (we) intend to vacate the apartment on the expiration date of the current lease.

 

 

 

Tenant's Signature(s):

Dated:

20

 

 

Dated:

20

 

Owner's Signature(s):

RTP-8 (6/21)

INSTRUCTIONS TO OWNER

At least two copies of this completed Renewal Lease Form must be mailed to the tenant in occupancy or personally delivered not more than 150 days and not less than 90 days prior to the end of the tenant's lease term, along with the New York City Lease Rider For Rent Stabilized Tenants.

If the owner offers a Renewal Lease less than 90 days prior to the expiration of the existing lease, the lease term selected by the tenant shall begin at the tenant's option either (1) on the date a renewal lease would have begun had a timely offer been made or (2) on the first rent payment date occurring no less than 90 days after the date that the owner does offer the lease to the tenant. The guidelines rate applicable for such lease shall be no greater than the rate in effect on the commencement date of the lease for which a timely offer should have been made, and the increased rental shall not begin before the first rent payment date occurring no less than 90 days after such offer is made.

The owner must fully complete PART A on the reverse side of this Form explaining how the new rent has been computed. Any rent increase must not exceed the applicable Rent Guidelines Board adjustment(s) plus other adjustments authorized by the Rent Stabilization Code.

Tenants that were paying a preferential rent as of June 14, 2019 or thereafter, retain the preferential rent for the life of the tenancy. Rent Guidelines Board increases and other increases allowed by the Rent Stabilization Law are to be applied to the preferential rent.

This Renewal Lease must be offered on the same terms and conditions as the expiring lease, except for such additional provisions as are permitted by law or the Rent Stabilization Code which must be set forth by the owner and attached to this Form. If there are any additional lawful agreements between the owner and tenant, a copy signed by both parties must be attached to this Form.

The tenant must return to the owner all copies of this Form, completed and signed by the tenant in PART B on the reverse side of this Form.

The owner must furnish the tenant with a fully executed copy of this Renewal Lease Form bearing the tenant's and owner's signatures in PART B, and a copy of the DHCR New York City Lease Rider, within 30 days of the owner's receipt of this Form signed by the tenant. Service of this fully executed Form, upon the tenant, constitutes a binding renewal lease. If the owner fails to furnish the tenant with a fully executed copy of this Form within 30 days of receipt of the Form signed by the tenant, the tenant shall continue to have all rights afforded by the Rent Stabilization Law and Code, and the owner will be barred from commencing any action or proceeding against the tenant based upon non-renewal of lease.

INSTRUCTIONS TO TENANT

(Read Owner's and Tenant's Instructions carefully before completing this Renewal Lease Form)

If you wish to accept this offer to renew your lease, you must complete and sign this Renewal Lease Form in the space provided in PART B on the reverse side of this Form, and you must return all copies of the signed Lease Form to the owner in person or by regular mail within

60 days of the date this Form was served upon you. You may wish to make a copy for your own records. If you do not sign and return this

Renewal Lease Form within the prescribed 60-day period, the owner may have grounds to start proceedings to evict you from your apartment.

Before you complete and sign PART B and return this Renewal Lease Form, be sure to check that all lawful provisions and written agreements have been attached by the owner to this Form. Please read all attachments carefully. If such other lawful provisions appear, they are part of this lease renewal offer and renewal lease. If there are any lawful agreements between you and the owner, attached copies must be signed by both parties.

If the owner agrees to a rent which is lower than the legal regulated rent, this lower amount should be entered in item 5 on the reverse side of this Form, and a signed copy of the agreement should be attached. You may not change the content of this Renewal Lease Form without the owner's written consent. If a "lower rent" amount is listed in item 5 and such rent is a "preferential rent," upon renewal the owner may not increase the rent to the legal rent listed in item 2F. Tenants that were paying a preferential rent as of June 14, 2019, retain the preferential rent for the life of the tenancy. Rent Guidelines Board increases and other increases allowed by the Rent Stabilization Law are to be applied to the preferential rent.

Your acceptance of this offer to renew shall constitute a renewal of the present lease for the term of years and rent accepted, subject to any other lawful changes which appear in writing on the attachments to this Form, and subject also to payment of the new rent and additional security, if any. Such additional security shall be deposited by the owner in the manner provided for on initial occupancy. However, pursuant to the Housing Stability and Tenant Protection Act of 2019, an owner can hold no more than one month security deposit. Anything in excess of one month must be refunded to the tenant.

Please refer to the New York City Lease Rider for a summary of tenants' rights and owners' responsibilities.

State of New York

Division of Housing and Community Renewal

Office of Rent Administration/Gertz Plaza

92-31 Union Hall Street

Jamaica, New York 11433

Web Site: www.hcr.ny.gov

RTP-8 (6/21)

File Overview

Fact Name Details
Governing Law This form is issued under Section 2523.5(a) of the Rent Stabilization Code in New York.
Renewal Options Tenants can choose to renew the lease for either one or two years.
Submission Deadline All copies of the Renewal Lease must be signed and returned to the landlord within 60 days of receipt.
Security Deposit Collectable after the sixth month of a one-year lease renewal; the maximum is one month's rent.
Rent Adjustment Notices The monthly rent may change based on the Rent Guidelines Board's orders.
Tenant's Response Tenants must indicate their renewal decision by completing Part B of the form.

Guidelines on Writing Renewal Lease Nyc

Filling out a Renewal Lease form in New York City can seem daunting, but by following a structured approach, it becomes a manageable task. Ensure all required information is accurately provided and submitted within the specified timeframe to maintain your housing rights and agree upon the new rental terms.

  1. Begin by writing the date at the top of the form, noting the year.
  2. Fill in your name(s) and current address in the designated space.
  3. Provide the owner's or agent's name and address below your information.
  4. Indicate the expiration date of your current lease in the specified area.
  5. Choose your desired lease term (one or two years) and fill in the appropriate columns with the legal rent, percentage, and any increases or supplements that may apply.
  6. List your current security deposit and if any additional deposit is required for the lease renewal.
  7. Specify any separate charges, such as air conditioning and appliances. Sum these charges to get the total separate charges.
  8. If applicable, indicate if a lower rent is to be charged.
  9. Calculate and enter the total monthly rent, combining the monthly rent from the renewal options and any applicable charges.
  10. Fill in the dates when the renewal lease will commence and when it will terminate.
  11. Confirm whether the renewal lease is based on the same terms and conditions as your previous lease.
  12. Complete the SCRIE and DRIE section if applicable, indicating the reduced rent amount.
  13. State whether the leased premises has an operative sprinkler system and provide the date of the last inspection if applicable.
  14. Sign and date your response in PART B, choosing one of the three options provided for lease renewal or indicating your intention to vacate.
  15. Make copies of the completed form for your own records and return all copies to your landlord within 60 days of receiving the notice.

Frequently Asked Questions

  1. What is the purpose of the Renewal Lease NYC form?

    The Renewal Lease NYC form serves as an official notice from the landlord to the tenant, informing them about the expiration of their current lease and the opportunity to renew it. This form is issued under New York’s Rent Stabilization Code, specifically Section 2523.5(a). Both parties must review the instructions carefully before signing.

  2. How long do tenants have to respond to the Renewal Lease offer?

    Tenants must return the signed Renewal Lease form to the owner within 60 days from the date the renewal notice was served. Failing to respond within this timeframe can put tenants at risk of eviction proceedings initiated by the owner.

  3. What happens if I choose to accept or decline the lease renewal?

    When accepting the lease renewal, tenants must indicate their decision in Part B of the form, specifying whether they wish to renew for one or two years. Should a tenant decide to decline the renewal, they must also communicate this intention clearly by completing the appropriate section. It is crucial to complete all sections accurately to avoid misunderstandings.

  4. Are there any specific guidelines for rent increases in the Renewal Lease?

    Yes, the rent increase is subject to the guidelines set forth by the Rent Guidelines Board. The form outlines how the new rent is calculated based on the current legal rent and guideline increases. Notably, if a tenant has been paying preferential rent prior to June 14, 2019, they retain that rate for the entirety of their tenancy unless both parties agree otherwise. It is vital to review the relevant guidelines and attached agreements carefully.

Common mistakes

  1. Not signing all copies of the form: It is essential that both the tenant and the owner sign all copies of the Renewal Lease NYC form. Missing signatures can invalidate the agreement.

  2. Failing to return the form within 60 days: The signed Renewal Lease must be returned to the landlord within 60 days of receipt. Missing this deadline may result in eviction proceedings.

  3. Omitting separate charges: Any additional charges, such as for appliances or air conditioning, must be specified. Failure to list these can lead to misunderstandings and disputes about monthly rent.

  4. Incorrectly calculating total monthly payment: Make sure to include the new rent and any separate charges in the total monthly payment calculation. An inaccurate figure can create issues down the line.

  5. Not checking for operative sprinkler system: Tenants must confirm whether the premises have an operative sprinkler system and the date of its last inspection. This is crucial for safety compliance.

Documents used along the form

When renewing a lease in New York City, several additional documents may be required or beneficial to complete the process smoothly. These forms help clarify agreements, establish rights, and ensure compliance with regulations. Below is a list of documents that are commonly used alongside the Renewal Lease NYC form.

  • New York City Lease Rider for Rent Stabilized Tenants: This rider must be attached to the renewal lease and outlines the rights of rent-stabilized tenants, ensuring they understand their protections under the law.
  • Notice of Rent Increase: This document informs tenants of any increase in rent as permitted under the Rent Stabilization Code. It details the legal justifications for the increase.
  • Tenant's Acceptance of Renewal Lease: A separate form where tenants formally accept the terms of the renewal lease. This can help avoid misunderstandings regarding the lease renewal.
  • Security Deposit Agreement: This clarifies the terms and conditions surrounding the security deposit, including how much is due, when it is due, and any stipulations for its return.
  • Preferred Rent Agreement: If a tenant is being offered a preferential rent lower than the legal rent, this document formally outlines the agreement between the tenant and landlord regarding the preferential rate.
  • Move-In Inspection Report: This report documents the condition of the rental unit before the tenant moves in. It can help prevent disputes about damages when the tenant eventually leaves.
  • Written Agreement for Additional Terms: If any unique terms are added to the renewal lease, this document captures those additional agreements, ensuring both parties are aware and in agreement.
  • SCRIE/DRIE Rent Adjustment Form: For tenants eligible for the Senior Citizen Rent Increase Exemption or Disability Rent Increase Exemption, this form shows adjusted monthly payments based on eligibility.
  • Tenant Certification: This document certifies that the tenant has read and understood their rights and responsibilities concerning the lease agreement, lending clarity to the arrangement.

Using these forms can aid both tenants and landlords in navigating the lease renewal process effectively. Ensuring all necessary documentation is completed and understood helps foster clear communication and minimizes potential conflicts.

Similar forms

The Renewal Lease NYC form shares similarities with the Lease Agreement. Like the Renewal Lease, a Lease Agreement serves as the official contract between landlords and tenants. It outlines the terms of the rental arrangement, includes rent amounts, security deposits, and defines the responsibilities of both parties. The Lease Agreement is typically signed at the beginning of a tenancy, whereas the Renewal Lease is used when extending an existing agreement, maintaining continuity within the terms described.

The Notice of Rent Increase is another document similar to the Renewal Lease. This document notifies tenants of a change in their rent, which is an essential aspect of lease renewal. The Renewal Lease incorporates a legal rent increase as part of the renewed agreement and also allows for adjustments that align with rent stabilization guidelines. Both documents aim to ensure transparency regarding rental costs while protecting tenant rights.

The Eviction Notice is also relevant in this context as it may arise from an expired lease term or a failure to respond to a Renewal Lease. Owners who do not receive a signed Renewal Lease within the stipulated timeframe may pursue eviction actions. While the Renewal Lease is meant to secure the continuation of tenancy, the Eviction Notice signals a potential termination of that tenancy, highlighting the importance of maintaining signed agreements.

The Move-Out Agreement bears similarities as well, particularly when a tenant decides not to renew their lease. This document details the procedures and responsibilities associated with vacating the property. While the Renewal Lease is focused on renewal and continuation, the Move-Out Agreement serves to finalize the relationship between landlord and tenant, encapsulating essential cleanup and return of security considerations.

An Addendum to Lease is comparable too, as it can provide additional terms or conditions that may apply to a lease, similar to how the Renewal Lease can highlight changes in terms, such as new rental amounts or responsibilities. The Renewal Lease may act as an addendum to the original lease by detailing any alterations necessary for the new lease term.

The Rental Application is relevant when a new tenant is being considered for a lease. While Rental Applications are for initiating a tenancy, they indirectly relate to the Renewal Lease as they govern the qualification of tenants. A tenant renewing their lease typically has undergone this process in the past, affirming their eligibility to continue living in the unit.

The Landlord’s Consent Form can also be compared to the Renewal Lease. This document may be used when a tenant wishes to undertake alterations or engage in subletting during an ongoing lease. In contrast, the Renewal Lease confirms the continuation of existing terms and conditions without requiring extensive modifications, yet both keep in mind the landlord's rights and property integrity.

Finally, the Lease Rider carries its own relevance alongside the Renewal Lease. It serves to inform tenants of their rights and responsibilities under the law. While the Renewal Lease ensures a clear renewal process, Lease Riders often supplement them with additional informational provisions about tenant protections, which can be pertinent when facilitating a renewal.

Dos and Don'ts

Things to Do:

  • Carefully read instructions for both owners and tenants.
  • Complete all sections of the form clearly and legibly.
  • Return all copies of the signed lease within 60 days to avoid eviction.
  • Make a copy of the signed form for your records before sending it.
  • Check for any agreements attached by the owner before signing.

Things Not to Do:

  • Do not alter the content of the form without written consent from the owner.
  • Do not ignore any additional charges listed on the form.
  • Do not forget to specify if you will renew or vacate.
  • Do not delay in returning the signed form, as this could lead to eviction.

Misconceptions

Misconceptions surrounding the Renewal Lease NYC form can lead to confusion for both landlords and tenants. Understanding the truth behind these misconceptions is crucial for a smooth leasing process. Here are seven common misconceptions:

  • Tenants must renew their lease. Many tenants believe they are obligated to renew their lease if a renewal offer is made. In reality, it is entirely up to the tenant to decide whether to accept the renewal offer.
  • All tenants must pay higher rent upon renewal. Some assume that any renewal will come with a rent increase. However, if a tenant has been paying a preferential rent, this amount might carry forward, and any increase is subject to specific regulations.
  • The Renewal Lease Form can be returned at any time. A common mistake is thinking that there is no deadline for submitting the completed form. In fact, tenants must return the signed Renewal Lease Form to their landlords within 60 days of receiving it.
  • Lease renewal terms must be materially different from the original lease. Some landlords presume they need to change significant terms to renew a lease. In contrast, the renewal lease is typically based on the same terms and conditions as the expiring lease.
  • Security deposits are required for lease renewals. There is a misunderstanding about security deposits during lease renewal. After the sixth month of a one-year renewal, an additional security deposit may be collectible. However, the total security deposit cannot exceed one month’s rent.
  • Tenants cannot negotiate lease terms. Some tenants think they must accept the renewal terms as presented. Yet tenants have the right to negotiate terms and should feel empowered to ask for changes or clarifications.
  • The Renewal Lease Form process is the same for all units. Lastly, it’s a misconception to assume all renewal processes are uniform. The rules can vary based on regulations, individual agreements, and whether the apartment is rent-stabilized.

Being aware of these misconceptions can help tenants and owners navigate the renewal lease process in New York City more effectively.

Key takeaways

When filling out and using the Renewal Lease NYC form, there are several important aspects to keep in mind. Understanding these key points can help ensure a smooth renewal process. Here are some takeaways:

  • Timeline Matters: Owners must provide the Renewal Lease Form to tenants between 90 to 150 days before the current lease expires. Timely notification is crucial to avoid complications.
  • Signature Required: All copies of the form must be signed by both the tenant and the owner. This makes the renewal binding.
  • Response Options: Tenants can either accept the renewal, possibly with a new rent amount, or indicate their intention to vacate. It's important for tenants to fill in the correct section depending on their decision.
  • Rent Guidelines: The legal rent increase is subject to the current Rent Guidelines Board’s rate. Any increase must comply with these established limits.
  • Security Deposits: Owners can only collect the security deposit after the sixth month of the lease. It's also essential to inform tenants of the current deposit and any additional amounts required.
  • Documentation is Key: Ensure all necessary documents, like the New York City Lease Rider, are attached to the form. This provides clarity about tenant rights and owner responsibilities.

Taking these points into consideration can make the process of renewing a lease much smoother for both tenants and owners. It’s always advisable to communicate clearly throughout this process to ensure that everyone is on the same page.