TERMS ON RENEWAL LEASE & RENT GUIDELINES

Every time my lease comes up for renewal, my landlord tells me I can only have a one-year lease. I want to renew my lease for two years. Can my landlord refuse to give me a two year lease?

                                                           S.J. Astoria

The option to renew a rent stabilized lease for one or two years remains with the tenant, not the landlord. Once you have signed, dated and returned your lease renewals to your landlord, he has 30 days to give you a fully signed and dated copy of the lease. If he fails to do this for any reason, including the fact that he doesn't want to renew your lease for two years, then you can file a "Tenant's Complaint of Owner's Failure to Renew Lease and/or Failure to Furnish a Copy of Signed Lease" (Form RA-90) with the NYS Division of Housing and Community Renewal (DHCR).

By law, landlords of rent stabilized apartments cannot collect a rent increase if they fail to renew the lease. So, if your landlord still has not renewed your lease by the time that your current lease expires, you should not pay any rent increases.

REMINDER: The lease renewal must be offered on the same TERMS AND CONDITIONS as those contained in the original lease. Neither the landlord nor the tenant may make any changes in the renewal form.