Form RA-LR1 "New York City Lease Rider for Rent Stabilized Tenants" - New York

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This is a legal form that was released by the New York State Homes and Community Renewal - a government authority operating within New York. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on September 1, 2019;
  • The latest edition provided by the New York State Homes and Community Renewal;
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  • Available in Spanish;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form RA-LR1 by clicking the link below or browse more documents and templates provided by the New York State Homes and Community Renewal.

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Download Form RA-LR1 "New York City Lease Rider for Rent Stabilized Tenants" - New York

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State of New York
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza
92-31 Union Hall Street
Jamaica, New York 11433
Web Site: www.hcr.ny.gov
Revision Date: September 2019
New York City LEASE Rider For Rent Stabilized Tenants
FAILURE BY AN OWNER TO ATTACH A COPY OF THIS RIDER TO THE TENANT’S
LEASE WITHOUT CAUSE MAY RESULT IN A FINE OR OTHER SANCTIONS
NOTICE
This Rider, with this Notice, must be attached to all vacancy and renewal leases for rent stabilized apartments. This
Rider was prepared pursuant to Section 26-511(d) of the New York City Rent Stabilization Law.
This Rider must be in a print size larger than the print size of the lease to which the Rider is attached. The following
language must appear in bold print upon the face of each lease: “ATTACHED RIDER SETS FORTH RIGHTS
AND OBLIGATIONS OF TENANTS AND LANDLORDS UNDER THE RENT STABILIZATION LAW.”
This Rider has been updated to reflect the changes made by the Housing Stability and Tenant Protection Act of 2019.
Section 1 (If this is a renewal lease, do not complete Section 1, go to Section 2)
If Box A is checked, the owner MUST show how the rental amount provided for in such vacancy lease has been
computed above the previous legal regulated rent by completing the following chart. In addition, the owner
MUST complete the Notice To Tenant Disclosure of Bedbug Infestation History, as required by the NYC Housing
Maintenance Code Section 27-2018.1, which is required to be served on the tenant with this Lease Rider.
ANY INCREASE ABOVE THE PREVIOUS LEGAL REGULATED RENT MUST BE IN ACCORDANCE WITH
ADJUSTMENTS PERMITTED BY THE RENT LAWS and RENT STABILIZATION CODE.
V ACANCY LEASE RENT CALCULATION
Status of Apartment and Last Tenant (Owner to Check and Complete Appropriate Box - (A), (B), (C), or (D). Choose
only one.)
(A)
This apartment was rent stabilized when the last tenant moved out.
Address: ___________________________________________________________ Apt.#_____________
1. Previous Legal Regulated Rent
$_____________
2. Guideline increase based on (1 year) or (2 year) lease. Circle one. (______%)
$_____________
(Note: a guideline increase, if authorized by the Rent Guidelines Board, can only
be taken once per guideline year)
3. Individual Apartment Improvements (IAI)
In order to collect rent increase for the IAI, you MUST complete the itemized list below and enter the
increase in Line 3-G (below).
Tenant Request for Documentation
Check the box if you want to request at this time, from the owner, copies of documentation (e.g., bills,
invoices, cancelled checks, etc.) that clarify and support the individual apartment improvement(s) cost
detailed in this rider. If you do not request it now, you have the lawful right to request it within 60 days
of the execution of the lease, by certified mail and the owner must then provide the documentation
within 30 days either by certified mail or by personal delivery with a signed acknowledgement
receipt by tenant. (Refer to Rider Section 3, Provision 4 - Other Rent Increases, Individual Apartment
Improvements.)
RA-LR1 (9/19)
Page 1 of 12
State of New York
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza
92-31 Union Hall Street
Jamaica, New York 11433
Web Site: www.hcr.ny.gov
Revision Date: September 2019
New York City LEASE Rider For Rent Stabilized Tenants
FAILURE BY AN OWNER TO ATTACH A COPY OF THIS RIDER TO THE TENANT’S
LEASE WITHOUT CAUSE MAY RESULT IN A FINE OR OTHER SANCTIONS
NOTICE
This Rider, with this Notice, must be attached to all vacancy and renewal leases for rent stabilized apartments. This
Rider was prepared pursuant to Section 26-511(d) of the New York City Rent Stabilization Law.
This Rider must be in a print size larger than the print size of the lease to which the Rider is attached. The following
language must appear in bold print upon the face of each lease: “ATTACHED RIDER SETS FORTH RIGHTS
AND OBLIGATIONS OF TENANTS AND LANDLORDS UNDER THE RENT STABILIZATION LAW.”
This Rider has been updated to reflect the changes made by the Housing Stability and Tenant Protection Act of 2019.
Section 1 (If this is a renewal lease, do not complete Section 1, go to Section 2)
If Box A is checked, the owner MUST show how the rental amount provided for in such vacancy lease has been
computed above the previous legal regulated rent by completing the following chart. In addition, the owner
MUST complete the Notice To Tenant Disclosure of Bedbug Infestation History, as required by the NYC Housing
Maintenance Code Section 27-2018.1, which is required to be served on the tenant with this Lease Rider.
ANY INCREASE ABOVE THE PREVIOUS LEGAL REGULATED RENT MUST BE IN ACCORDANCE WITH
ADJUSTMENTS PERMITTED BY THE RENT LAWS and RENT STABILIZATION CODE.
V ACANCY LEASE RENT CALCULATION
Status of Apartment and Last Tenant (Owner to Check and Complete Appropriate Box - (A), (B), (C), or (D). Choose
only one.)
(A)
This apartment was rent stabilized when the last tenant moved out.
Address: ___________________________________________________________ Apt.#_____________
1. Previous Legal Regulated Rent
$_____________
2. Guideline increase based on (1 year) or (2 year) lease. Circle one. (______%)
$_____________
(Note: a guideline increase, if authorized by the Rent Guidelines Board, can only
be taken once per guideline year)
3. Individual Apartment Improvements (IAI)
In order to collect rent increase for the IAI, you MUST complete the itemized list below and enter the
increase in Line 3-G (below).
Tenant Request for Documentation
Check the box if you want to request at this time, from the owner, copies of documentation (e.g., bills,
invoices, cancelled checks, etc.) that clarify and support the individual apartment improvement(s) cost
detailed in this rider. If you do not request it now, you have the lawful right to request it within 60 days
of the execution of the lease, by certified mail and the owner must then provide the documentation
within 30 days either by certified mail or by personal delivery with a signed acknowledgement
receipt by tenant. (Refer to Rider Section 3, Provision 4 - Other Rent Increases, Individual Apartment
Improvements.)
RA-LR1 (9/19)
Page 1 of 12
Individual Apartment Improvements (IAI)
NOTE: Before completing this section, refer to the IAI limitations described in Section 3 - Provision 4 of this
document.
Items
3-A. Bathroom Renovation (check all applicable items)
Complete Renovation (if this box is checked you are not required to check individual items)
OR
Individual Items (check all applicable items)
Sink
Shower Body
Toilet
Tub
Plumbing
Cabinets
Vanity
Floors and/or Wall Tiles
Other (describe) _______________________________
3-A. ______________
Total Costs for Parts and Labor
3-B. Kitchen Renovation (check all applicable items)
Complete Renovation (if this box is checked you are not required to check individual items)
OR
Individual Items (check all applicable items)
Sink
Stove
Refrigerator
Dishwasher
Cabinets
Plumbing
Floors and/or Wall Tiles
Countertops
Other (describe) _______________________________
Total Costs for Parts and Labor
3-B. ______________
3-C. Other (check all applicable items)
Doors
Windows
Radiators
Light Fixtures
Electrical Work
Sheetrock
Other (describe) _______________________________
Total Costs for Parts and Labor
3-C. ______________
3-D. Subtotal Costs for Parts and Labor (sum of 3-A, 3-B and 3-C)
3-D. ______________
3-E. Total Costs for Parts and Labor for Prior IAIs Collected on or after 6/14/19
3-E. ______________
(excluding 3-D)
3-F. Calculating the allowable IAI increase for this installation: $15,000 – 3-E
3-F. ______________
3-G. Total IAI Rent Increase (1/168th or 1/180th of Line 3-D or Line 3-F,
3-G. ______________
WHICHEVER IS LESS)
Note: 1/168th if the building has 35 or fewer units. 1/180th if the building is over 35 units.
RA-LR1 (9/19)
Page 2 of 12
4. New Legal Regulated Rent (sum of 1, 2 and 3-G)
$________________
4A. Preferential Rent* (if charged)
$________________
$________________
(enter 4 or 4A)
5. Air Conditioner Surcharges:
$________________
6. Appliance Surcharges (Tenant-installed washer, dryer, dishwasher)
$________________
7. Ancillary Services charged (e.g., garage)
$________________
8. Other (specify _______________________________)
$________________
9. New Tenant’s Total Payment
$________________
*If a “preferential rent” is being charged, please read Provision #17 of this Rider.
(B)
This apartment was Rent Controlled at the time the last tenant moved out. This tenant is the first
rent stabilized tenant and the rent agreed to and stated in the lease to which this Rider is attached is
$_______________. The owner is entitled to charge a market rent to the first rent stabilized tenant. The
first rent charged to the first rent stabilized tenant becomes the initial legal regulated rent for the apartment
under the rent stabilization system. However, if the tenant has reason to believe that this rent exceeds a
“fair market rent”, the tenant may file a “Fair Market Rent Appeal” with DHCR. The owner is required to
give the tenant notice, on DHCR Form RR-1, of the right to file such an appeal. The notice must be served
by certified mail. A tenant only has 90 days, after such notice was mailed to the tenant by the owner by
certified mail, to file an appeal. Otherwise, the rent set forth on the registration form becomes the initial
legal regulated rent.
(C)
The rent for this apartment is an Initial or Restructured Rent pursuant to a Government Program.
(Specify Program _______________________________)
$________________
(D)
Other ________________________________________________________
$________________
Section 2 – This section needs to be completed for vacancy and renewal leases
Lease Rider for the housing accommodation:
______________________________________________
______________________________________________
(Print Housing Accommodation’s Address and Apartment Number)
Lease Start Date: _______________________________ Lease End Date: ________________________________
Lease Dated: ___________________________________
The tenant named in the lease hereby acknowledges the contemporaneous receipt of the above lease rider for the
housing accommodation stated above.
______________________________________________
Print Name of Tenant(s)
______________________________________________
Signature(s) and Date
Subject to penalties provided by law, the owner of the housing accommodation hereby certifies that the above rider
is hereby contemporaneously provided to the tenant with the signing of the lease and the information provided by
the owner herein is true and accurate based on its records.
______________________________________________
Print Name of Owner or Owner’s Agent
______________________________________________
Signature and Date
RA-LR1 (9/19)
Page 3 of 12
Section 3 - PROVISIONS
INTRODUCTION:
This Rider is issued by the New York State Division of Housing and Community Renewal (“DHCR”), pursuant to the
Rent Stabilization Law (“RSL”) and Rent Stabilization Code (“RSC”). It generally informs tenants and owners about
their basic rights and responsibilities under the RSL.
This Rider does not contain every rule applicable to rent stabilized apartments. It is only informational and its
provisions are not part of and do not modify the lease. However, it must be attached as an addendum to the lease. It
does not otherwise replace or modify more exact or complete sections of the RSL, the RSC, any order of DHCR, or
any order of the New York City Rent Guidelines Board that govern this tenancy. The owner must comply with all
applicable state, federal and local fair housing laws and nondiscrimination requirements.
The Appendix lists organizations which can provide assistance to tenants and owners who have inquiries, complaints
or requests relating to subjects covered in this Rider.
Tenants should keep a copy of this Rider and of any lease they sign and carefully review the summary of lawful rent
increases described. Any tenant who believes that the rent they are being charged may be unlawful may consider
requesting a rent history of their apartment from DHCR (www.hcr.ny.gov). After reviewing the rent history, the
tenant can make an informed decision whether to file form RA-89 “Tenant’s Complaint of Rent and/or Other Specific
Overcharges in a Rent Stabilized Apartment.”
1. RENEWAL LEASES
The owner is entitled to increase the rent when a tenant renews a lease (“renewal lease”). Each year, effective
October 1, the New York City Rent Guidelines Board sets the percentage of maximum permissible increase over the
immediately preceding September 30th rent for leases which will begin during the year for which the guidelines order
is in effect. The date a lease starts determines which guidelines order applies.
Guidelines orders provide increases for Renewal Leases. The renewing tenant has the choice of the length of the
lease. Different percentages are set for rent increases for leases of one or two years. For additional information see
DHCR Fact Sheet #26.
2. VACANCY LEASES
The owner is entitled to increase the previous legal regulated rent when a new tenant enters into a lease for the first
time and this is referred to as a vacancy lease. The tenant may choose between a one or two-year lease term. The
allowable increase is set by the Rent Guidelines Board. However, no more than one guideline board increase may be
added per guideline year. Lawful Major Capital Improvement and Individual Apartment Improvements may also be
added to the rent.
3. SECURITY DEPOSITS
An owner may collect a security deposit no greater than one month’s rent. When the rent is increased, the owner may
charge an additional amount to bring the security deposit up to the full amount of the increased rent to which the
owner is entitled. If a preferential rent is being charged, the amount of the security deposit collected can be no higher
than the preferential rent.
A security deposit must be deposited in an interest bearing trust account in a banking organization in New York State.
The tenant has the option of applying the interest to the rent, leaving the interest in the bank or receiving the interest
annually. For additional information see DHCR Fact Sheet #9.
4. OTHER RENT INCREASES
In addition to guideline increases, the rent may be permanently increased based upon the following:
(A) Individual Apartment Improvements (IAI) – When an owner installs a new appliance or makes an
improvement to an apartment the owner may be entitled to an IAI rent Increase. Tenant written consent
for the improvement and rent increase is only required if the apartment is occupied by a tenant. It is not
required for a vacant apartment.
In buildings with 35 units or less, the increase is limited to 1/168th of the cost of the improvement. In
buildings with more than 35 units, the increase is limited to 1/180th of the cost of the improvement.
RA-LR1 (9/19)
Page 4 of 12
No more than three IAI increases can be collected in a 15-year period and the total cost of the
improvements eligible for a rent increase calculation cannot exceed $15,000. Work must be done by
a licensed contractor and there is a prohibition on common ownership between the contractor and the
owner. The apartment must be free and clear of any outstanding hazardous and immediately hazardous
violations. The written consent provided by the tenant in occupancy must be on a DHCR form. A
translated version in the top 6 languages spoken other than English will be made available for review
on the DHCR website. Owners are required to maintain supporting documentation and photographs for
all IAI installations, which commencing June 14, 2020 will be submitted to and stored by DHCR in an
electronic format. The IAI rent increase is temporary, as it must be removed from the rent in 30 years and
the legal rent must be adjusted at that time for guideline increases that were previously compounded on a
rent that included the IAI.
The DHCR Lease Rider offered to vacancy lease tenants contain notification to the tenant of the right
to request from the owner by certified mail Individual Apartment Improvements (IAI’s) supporting
documentation at the time the lease is offered or within 60 days of the execution of the lease. The owner
shall provide such documentation within 30 days of that request in person or by certified mail. A tenant
who is not provided with that documentation upon demand may file form RA-90 “Tenant’s Complaint
of Owner’s Failure to Renew Lease and/or Failure to Furnish a copy of a Signed Lease” to receive a
DHCR Order that directs the furnishing of the IAI supporting documentation. (Refer to Rider Section 1,
Individual Apartment Improvements.)
IAI rent increases cannot be collected if a DHCR order reducing rent for decreased services is in effect
and has an earlier effective date. It can be collected prospectively on the effective date of a DHCR order
restoring the rent.
(B) Major Capital Improvements (MCI) – An owner is permitted a rental increase for building-wide major
capital improvements, such as the replacement of a boiler or new plumbing. Major Capital Improvement
rent increases are prohibited in buildings that contain 35% or fewer rent regulated apartments. The owner
must file an application with DHCR and all supporting documentation is audited.
DHCR may issue an order denying the increase or granting it in part or in whole and serve the order on
the owner and all tenants in the building. The rent increase approved in the DHCR order is collectible
prospectively, on the first day of the first month 60 days after issuance. There are no retroactive rent
increases. The collection of the increase is limited to a 2% cap/yearly phase-in. The 2% cap also applies
to MCI rent increases not yet collected that were approved on or after June 14, 2012. Upon vacancy, the
remaining balance of the increase can be added to the legal rent. In buildings with 35 or fewer units, the
cost is amortized over a 12-year period. In buildings with more than 35 units, the cost is amortized over
12 ½ years. The building must be free and clear of any outstanding hazardous and immediately hazardous
violations. The MCI rent increase is temporary and it must be removed from the rent in 30 years and the
legal rent must be adjusted at that time for guideline increases that were previously compounded on a rent
that included the MCI rent increase.
Vacancy lease tenants are to be notified in their lease about pending MCI applications.
(C) Hardship – An owner may apply to increase the rents of all rent stabilized apartments based on hardship
when:
1. the rents are not sufficient to enable the owner to maintain approximately the same average annual net
income for a current three-year period as compared with the annual net income which prevailed on the
average over the period 1968 through 1970, or for the first three years of operation if the building was
completed since 1968, or for the first three years the owner owned the building if the owner cannot
obtain records for the years 1968-1970; or
2. where the annual gross rental income does not exceed the annual operating expenses by a sum equal to
at least 5% of such gross income.
If an application for a rent increase based on a major capital improvement or hardship is granted, the owner may
charge the increase during the term of an existing lease only if the lease contains a clause specifically authorizing the
owner to do so.
5. RENT REGISTRATION
(A) Initial
An owner must register an apartment’s rent and services with DHCR when the building first becomes subject
to the RSL and in adherence to any related regulatory agreements and/or tax benefit programs.
RA-LR1 (9/19)
Page 5 of 12
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