New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter A - Emergency Tenant Protection Regulations › Part 2502 - Adjustments › Section 2502.5 - Lease agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Vacancy
					 lease. Upon the renting of a vacant housing accommodation after the local
					 effective date of the act, the landlord shall provide to the tenant and execute
					 a valid written lease for a one- or two-year period at the tenant's option at a
					 rent which may not exceed the legal regulated rent, provided further that for a
					 housing accommodation subject to the Emergency Housing Rent Control Law which
					 becomes vacant after the local effective date of the act, the lease shall not
					 provide for any increase in said rent for a period of one year.
(b) Renewal lease. Upon the expiration of a
					 prior lease or rental agreement, the tenant shall have the right of selecting
					 at this option a renewal lease for a term of one or two years, except that
					 where a mortgage or a mortgage commitment existing as of the local effective
					 date of the act prohibits the granting of one-year lease terms, the tenant may
					 not select a one-year lease.
(c)
(1) For housing accommodations subject to
					 this act, an owner shall furnish to each tenant signing a vacancy or renewal
					 lease, information in a form promulgated or approved by the division, as part
					 of such lease, describing rights and duties of owners and tenants under the act
					 including a detailed description of how the rent was adjusted from the prior
					 legal rent. Such information shall conform to the "plain English" requirements
					 of section
					 5-702
					 of the General Obligations Law and information regarding such rights and duties
					 shall also be available in all languages that may be required pursuant to
					 DHCR's language access plan.
(2) A
					 vacancy lease shall provide that the tenant may, within 60 days of the
					 execution, require the owner to provide the documentation directly to the
					 tenant supporting the detailed description regarding the adjustment from the
					 prior legal rent. The owner shall provide such documentation within 30 days of
					 that request.
(3) The method of
					 service of this lease information, the tenant request for documentation, and
					 the owner's provision of documentation, together with proof of same, shall
					 conform to the requirements set forth in the appropriate lease form or such
					 bulletin or other document rendered pursuant to section
					 2507.11 of this Title.
(4) Where a tenant is not furnished, as
					 required by the above provision, with a copy of the lease information pursuant
					 to paragraph (1) of this subdivision or the documentation required on demand by
					 paragraph (2) of this subdivision, the owner shall not be entitled to collect
					 any adjustments in excess of the rent set forth in the prior lease unless the
					 owner can establish that the rent collected was otherwise legal. In addition to
					 issuing an order with respect to applicable overcharges, DHCR shall order the
					 owner to furnish the information or documentation. The furnishing of the
					 information or documentation by the owner to the tenant shall result in the
					 elimination, prospectively, of such penalty.