N.Y. Comp. Codes R. & Regs. tit. 9 § 2503.5

Current through Register Vol. 46, No. 22, May 29, 2024

Section 2503.5 - Renewal of lease

(a) On a form prescribed by the division signed and dated by the landlord, every landlord shall notify the tenant in occupancy not more than 120 days and not less than 90 days prior to the end of the tenant's lease term, by certified mail, of such termination of the lease term and offer to renew the lease at the legal regulated rent permitted for such renewal lease and otherwise on the same conditions as the expiring lease, and shall give such tenant a period of 60 days from the date of mailing of such notice to renew such lease and accept the offer. The tenant's acceptance of such offer shall be entered on the designated part of the prescribed form, and returned to the landlord by certified mail. In the event that such 90-day notice expires after the expiration of the lease, the provisions of subdivision (b) of this section shall govern.

(b)

(1) Where the owner fails to offer a renewal of the lease in accordance with subdivision (a) of this section, the tenant shall have the option of choosing:

(i) whether the one-or two-year term of such lease whenever it is offered shall commence on the date a renewal lease would have commenced had a timely offer been made; or

(ii) on the first rent payment date commencing 90 days after the date that the owner does offer the lease to the tenant on the prescribed notice form. The guidelines rate applicable in such cases shall be the rate in effect on the first day subsequent to the expiration of the last lease or the rate in effect when the lease is renewed; whichever is lower.

(2) Where the tenant fails to timely renew an expiring lease or rental agreement offered pursuant to this section, and remains in occupancy after expiration of the lease, such lease or rental agreement may be deemed to be in effect, for the purpose of determining the rent in an overcharge proceeding, where such deeming would be appropriate pursuant to Real Property Law section 232-c. In such event, the expiring lease will be deemed to have been renewed upon the same terms and conditions at the legal regulated rent, together with any guidelines adjustments that would have been applicable had the offer of a renewal lease been timely accepted. Unless otherwise dictated by Real Property Law section 232-c, the effective date of the rent adjustment under the deemed renewal lease shall commence on the first rent payment date occurring no less than 90 days after such offer is made by the owner.

(3) Where there is no deemed lease pursuant to the provisions of paragraph (2) of this subdivision, an owner may commence an action or proceeding to recover possession of a housing accommodation in a court of competent jurisdiction pursuant to sections 2504.2(f) and 2504.3(d)(1) of this Title, where the tenant, upon the expiration of the existing lease or rental agreement, fails to timely renew such lease in the manner prescribed by this section.

(c) Notwithstanding any other provision of these regulations, the failure to offer a renewal lease shall not deprive the tenant of any benefit under these regulations.

(d)

(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 2500.2(n) 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. 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 2500.2(n) of this Title in seeking tenancy.

(2) 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 division upon application by such person.

(3) 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."

(4) For the purposes of this subdivision, 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.

(e) On a form prescribed or a facsimile of such form approved by the division, a tenant may, at any time, advise the owner of, or an owner may request from the tenant at any time but no more often than once in any 12 months, the names of all persons other than the tenant who are residing in the housing accommodation, and the following information pertaining to such persons:

(1) if the person is a "family" member as defined in section 2500.2(n) of this Title; and

(2) if the person is, or upon the passage of the applicable minimum period of required residency, may become a person entitled to be named as a tenant on a, renewal lease pursuant to paragraph (d)(1) of this section and the date of the commencement of such person's primary residence with the tenant; and

(3) if the person is a "senior citizen," or a "disabled person" as defined in section 2500.2(o) of this Title, and paragraph (d)(4) of this section. Failure of the tenant to provide such information to the owner, regardless of whether the owner requests the information, shall place upon all such persons not so made known to the owner, who seek to exercise the right to be named as a tenant on a renewal lease as provided for in subdivision (d) of this section, the affirmative obligation to establish such right.

(f) For the purpose of determining whether an owner may charge the rent increases authorized pursuant to subdivision g of section 6 of the act, every owner who enters into a renewal lease pursuant to subdivision (d) of this section, shall notify the division, in a manner prescribed by the division, whether the tenant named on the lease in effect for the housing accommodation at the time such notice is given was so named as the result of the exercise of rights pursuant to subdivision (d) of this section, together with the commencement date of the first renewal lease for the housing accommodation on which such tenant was named. Such notice shall create a rebuttable presumption that the owner is entitled to collect such sum.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2503.5

Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023