DHCR Updates NYC Lease Rider and ETPA Standard Lease Addenda

The Housing Stability and Tenant Protection Act (HSTPA) of 2019, which went into effect on June 14, 2019, made numerous changes to the rent regulation laws. These changes required the DHCR to review and update the New York City Lease Rider [RA-LR1] and the Emergency Tenant Protection Act Standard Lease Addenda [RA-LR1 ETPA] to reflect these changes.

According to the DHCR, the time required to revise and translate the documents coupled with the need to give owners and tenants a fair and reasonable opportunity to become aware of them, has factored into their effective date. The DHCR has determined that the effective date for implementation shall be Oct. 24, 2019.

As a result, any lease offered on or after Oct. 24, 2019, is required to have these updated documents attached. Any lease offered before Oct. 24, 2019, may be offered with the updated documents or those previously in use. It’s important to note that, in all circumstances, the requirements of HSTPA are in effect as of June 14, 2019.

Lease Rider/Addenda Basics

These documents describe the rights and obligations of tenants and owners under the rent laws and regulations. They don’t replace or modify the laws and regulations or any orders of the DHCR or the NYC Rent Guidelines Board (NYCRGB).

They inform rent-stabilized tenants signing a vacancy lease of the legal regulated rent in effect immediately prior to the vacancy and explain how the present rent was computed. They also contain provisions that are required by the Rent Code Amendments of 2014 (RCA 2014), which are embodied in the NYC Rent Stabilization Code (RSC) and the Tenant Protection Regulations (TPR).

An owner must include a copy of a NYC Lease Rider or an ETPA Standard Lease Addenda with a tenant’s vacancy lease and all renewal leases, personally or by mail, and they must contain the following elements:

• The identity of the subject address and apartment.
• The signature of the tenant and owner, to be affixed at the offering and execution of the lease, respectively.
• Information on the rent paid by the previous tenant and a detailed summary of Individual Apartment Improvements (IAI) and related costs and rent. This section also includes a notification to the tenant of his or her right to request from the owner detailed IAI supporting documentation (such as invoices, cancelled checks, etc.) at the time the lease is being offered or within 60 days after it’s executed, by certified mail. The owner must provide such documentation within 30 days of that request by certified mail or in person with a signed acknowledgement of receipt.
• A description of rights and duties of owners and tenants under the Rent Stabilization Law, RSC, TPR, and other laws, including information on preferential rents, air conditioner surcharges, and IAI notification requirements.

A tenant who isn’t served with a copy of the Rider/Addenda when signing a vacancy or renewal lease may file form RA-90/RA-90 ETPA “Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease.” The failure to serve the Rider/Addenda properly or provide information as required by the Rider/Addenda may result in the complaint being treated as a specific overcharge complaint. The DHCR may issue an order directing a refund of any payment inappropriately made plus all penalties otherwise due in an overcharge proceeding.

Copies of the Rider/Addenda are available for informational purposes only, in languages required by the DHCR’s Language Access Plan and can be viewed at www.nyshcr.org. However, the Rider/Addenda is required to be offered and executed only in English, at the issuance of a vacancy lease or renewal lease. The DHCR RTP-8 and DHCR RTP-8 ETPA Renewal Lease Forms are required to be offered and executed only in English.