New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2523 - Notices And Records › Section 2523.5 - Notice for renewal of lease and renewal procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On a form prescribed or a facsimile of
					 such form approved by the DHCR, dated by the owner, every owner, other than an
					 owner of hotel accommodations, shall notify the tenant named in the expiring
					 lease not more than 150 days and not less than 90 days prior to the end of the
					 tenant's lease term, by mail or personal delivery, of the expiration of the
					 lease term, and offer to renew the lease or rental agreement at the legal
					 regulated rent permitted for such renewal lease and otherwise on the same terms
					 and conditions as the expiring lease. The owner shall give such tenant a period
					 of 60 days from the date of service of such notice to accept the offer and
					 renew such lease. The tenant's acceptance of such offer shall be entered on the
					 designated part of the prescribed form, or facsimile thereof, and returned to
					 the owner by mail or personal delivery. Pursuant to the provisions of section
					 2522.5(b)(1) of
					 this Title, the owner shall furnish to such tenant a copy of the fully executed
					 renewal lease form bearing the signatures of the owner and tenant within 30
					 days of the owner's receipt of the renewal lease form signed by the tenant.
					 Upon execution by the owner and delivery to the tenant, such form shall
					 constitute a binding renewal lease. Upon failure of the owner to deliver a copy
					 of the fully executed renewal lease form to the tenant within 30 days from the
					 owner's receipt of such form signed by the tenant, such tenant shall not be
					 deprived of any of his or her rights under the RSL and this Code and the owner
					 shall be barred from commencing any action or proceeding against the tenant
					 based upon nonrenewal of lease, pursuant to section
					 2524.3(f) of this
					 Title. In the event that such notice is given to the tenant after the
					 expiration of the lease, the provisions of subdivision (c) of this section
					 shall govern.
(b)
(1) Unless otherwise prohibited by occupancy
					 restrictions based upon income limitations pursuant to federal, state or local
					 law, regulations or other requirements of governmental agencies, if an offer is
					 made to the tenant pursuant to the provisions of subdivision (a) of this
					 section and such tenant has permanently vacated the housing accommodation, any
					 member of such tenant's family, as defined in section
					 2520.6(o) of this
					 Title, who has resided with the tenant in the housing accommodation as a
					 primary residence for a period of no less than two years, or where such person
					 is a "senior citizen," or a "disabled person" as defined in paragraph (4) of
					 this subdivision, for a period of no less than one year, immediately prior to
					 the permanent vacating of the housing accommodation by the tenant, or from the
					 inception of the tenancy or commencement of the relationship, if for less than
					 such periods, shall be entitled to be named as a tenant on the renewal
					 lease.
(2) A tenant shall be
					 considered to have permanently vacated the subject housing accommodation when
					 the tenant has permanently ceased residing in the housing accommodation. The
					 continued payment of rent by the tenant or the signing of renewal leases shall
					 not preclude a claim by a family member as defined in section
					 2520.6(o) of this
					 Title in seeking tenancy.
(3) The
					 minimum periods of required residency set forth in this subdivision shall not
					 be deemed to be interrupted by any period during which the "family member"
					 temporarily relocates because he or she:
(i)
					 is engaged in active military duty;
(ii) is enrolled as a full-time
					 student;
(iii) is not in residence
					 at the housing accommodation pursuant to a court order not involving any term
					 or provision of the lease, and not involving any grounds specified in the Real
					 Property Actions and Proceedings Law;
(iv) is engaged in employment requiring
					 temporary relocation from the housing accommodation;
(v) is hospitalized for medical treatment;
					 or
(vi) has such other reasonable
					 grounds that shall be determined by the DHCR upon application by such
					 person.
(4) The 60-day
					 period from the date of service of the Notice for Renewal of Lease for
					 acceptance and renewal provided to the tenant in subdivision (a) of this
					 section, shall also apply to the tenant's "family member."
(5) For the purposes of this subdivision (b),
					 "disabled person" is defined as a person who has an impairment which results
					 from anatomical, physiological or psychological conditions, other than
					 addiction to alcohol, gambling, or any controlled substance, which are
					 demonstrable by medically acceptable clinical and laboratory diagnostic
					 techniques, and which are expected to be permanent and which substantially
					 limit one or more of such person's major life activities.