Management changing terms of a rent stabilized lease upon renewal
Started by Goldie
about 18 years ago
Posts: 182
Member since: Apr 2007
Discussion about
I'm curious if anyone has any knowledge on whether management can add a new lease rider in order to renew a rent stabilized lease. Management raised the lease payment by the New York 3% limit, which I'm happy with. However, they required that I sign a new lease rider that allows them to raise the rent in the event they apply to the regulators for a hardship increase and that the rent increase can... [more]
I'm curious if anyone has any knowledge on whether management can add a new lease rider in order to renew a rent stabilized lease. Management raised the lease payment by the New York 3% limit, which I'm happy with. However, they required that I sign a new lease rider that allows them to raise the rent in the event they apply to the regulators for a hardship increase and that the rent increase can be retroactive to the start of the lease.
The real annoying part was that they added this rider with no explanation, or even attempt at discussion. The obvious question to ask is are they planning to apply to the regulators for a hardship? Since the rider has no benefit to me, only the landlord, it only has value to the landlord. Therefore I view this benefit to the landlord as a rent increase beyond the 3% maximum allowed.
Unfortunately there is nothing in the existing lease about extending the lease terms or changing the lease. But I assume there are existing rules about lease riders in rent stabilized apartments. Has anyone had this experience or know whether management can demand this?
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Response by downtown_girl
about 18 years ago
Posts: 11
Member since: Sep 2007
This is illegal. No changes are allowed to the original lease. Sign only the parts of the renewal lease that conform to the original and remove the rider before you send it back. My landlord tried the same nonsense with all the stabilized tenants in my building, obviously hoping someone would be foolish enough to sign. No one sent the form back, and we never heard another word about it.
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Response by SlipperyPete
almost 18 years ago
Posts: 41
Member since: Jan 2008
Landlords actually trying to approach market rents? Outrageous!
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Response by JuiceMan
almost 18 years ago
Posts: 3578
Member since: Aug 2007
Goldie, are you one of those multi-millionaires that rents a three bedroom on the upper east side for $1200 a month?
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Response by Goldie
almost 18 years ago
Posts: 182
Member since: Apr 2007
I'd love to tell you I was, but sadly no. My unit is rent stabilized because the builder sold Liberty bonds to finance construction, so in exchange the units are rent stabilized. However, I paid market rent in 2006 when I moved and now the rent only goes up by the NY rent cap. Maybe in 20 years I'll have the equivalent bargain of a $1200/month rental, but not today.
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Response by alanhart
almost 18 years ago
Posts: 12397
Member since: Feb 2007
I don't see how this is a change in the terms of the lease. If the govt. approves a hardship application, the new terms (retroactive or not) are mandated by those regulators; if not, not. It's otherwise an unenforceable "what if"--don't give it too much thought.
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Response by tenemental
almost 18 years ago
Posts: 1282
Member since: Sep 2007
"the rent increase can be retroactive to the start of the lease"
That sounds like BS. Also, landlords are often very shady regarding RS tenants (pardon the stereotype, but it's smart to expect the worst, here), so who knows how the landlord will try to spin it.
I would check w/ DHCR at 718-739-6400 (rent info line), but I don't think the landlord's playing straight.
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This is illegal. No changes are allowed to the original lease. Sign only the parts of the renewal lease that conform to the original and remove the rider before you send it back. My landlord tried the same nonsense with all the stabilized tenants in my building, obviously hoping someone would be foolish enough to sign. No one sent the form back, and we never heard another word about it.
Landlords actually trying to approach market rents? Outrageous!
Goldie, are you one of those multi-millionaires that rents a three bedroom on the upper east side for $1200 a month?
I'd love to tell you I was, but sadly no. My unit is rent stabilized because the builder sold Liberty bonds to finance construction, so in exchange the units are rent stabilized. However, I paid market rent in 2006 when I moved and now the rent only goes up by the NY rent cap. Maybe in 20 years I'll have the equivalent bargain of a $1200/month rental, but not today.
I don't see how this is a change in the terms of the lease. If the govt. approves a hardship application, the new terms (retroactive or not) are mandated by those regulators; if not, not. It's otherwise an unenforceable "what if"--don't give it too much thought.
"the rent increase can be retroactive to the start of the lease"
That sounds like BS. Also, landlords are often very shady regarding RS tenants (pardon the stereotype, but it's smart to expect the worst, here), so who knows how the landlord will try to spin it.
I would check w/ DHCR at 718-739-6400 (rent info line), but I don't think the landlord's playing straight.