NYS Housing Stability and Tenant Protection Act of 2019

[Adam Stone]

Hi all. I’m hoping for some guidance from some NY landlord/tenant lawyers. Have to give notice to a client’s tenant that the house lease will not be renewed. Westchester County. Do you have a form or guidance on what should be included in the notice? And is it sufficient to comply with the Notice provision of lease for method of delivery? Or do we need a process server?

Thanks much!

[Howard Berglas]

Adam,

I've attached the form I've drafted and use in this situation. I'd rather not share it with the list at this time but I'll provide to you as a courtesy.

Good Luck!

Howard  

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[Howard Berglas]

From the information you're stating, I'm assuming that there is a valid, currently effective written lease that will be expiring in the near future. I assume as well that it's a non-regulated tenancy, correct?

Prior to the HSTPA, when a lease for a non-regulated apartment was expiring on its own terms, a Petition could be filed on the next day without even an iota of prior notice (unless required by the lease). That has now changed. When the landlord of such an apt. wishes to not renew the tenancy or to increase the rent by more than 5%, prior written notice must be given to the tenant. The length of the notice depends on the length of the tenancy. If by the end of the lease, the tenant will have been in occupancy for less than 1 year, 30 days prior notice will suffice. If 1 year or more but less than 2 years, you need 60 days. If 2 years or more, the notice must be at least 90 days. If sufficient notice is not given prior to the expiration of the lease, the proceeding cannot be commenced until the requisite time has passed.  

The Notice may be in letter form, that's what I normally do. The statute says that the "landlord" must provide the notice. So I suggest that the letter have the landlord's name and address at the top as letterhead, rather than the lawyer's, and that it should definitely be signed by the landlord or corporate officer/manager, not the attorney. There is no form that I've seen. Just include in the letter that the tenant is in occupancy pursuant to a lease which will be expiring on a given date, which is not less than 30/60/90 days following the sending of the notice, and that following the expiration, will not be renewed. State that the notice is provided in accordance with the terms of the Housing Stability and Tenant Protection Act of 2019 and that the premises must be surrendered vacant and broom clean upon the expiration date or a proceeding will be commenced.    

No need for process server. Send by certified mail. Statute requires that.

Hope it helps.

Howard Berglas, Esq.

-----Original Message-----
From: Adam Stone <adamh...@gmail.com>
To: nyclar...@googlegroups.com
Sent: Wed, Jun 3, 2020 9:44 pm
Subject: [nyclarealprop] NYS Housing Stability and Tenant Protection Act of 2019

[massimo.f.dangelo]

Howard is right on the money. 

[Adam Stone]

Thanks for your input, Massimo. Have you had to use a residential tenant's security deposit as payment of rent since Governor Cuomo's May 7 order requires landlords to accept it? I see I need a written agreement with tenant about this. Wondering if you could send a copy of an agreement to base mine on instead of trying to re-invent the wheel. Would be much appreciated! Thanks!

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[Marino, Jack]

Sent from my iPhone

On Jun 6, 2020, at 9:38 PM, massimo.f.dangelo <massimo....@gmail.com> wrote:



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[Ben Birchenall]

I have a related question: 

If the same situation was to take place within New York City, would a process server then be required?

RPL 226-C seems to indicate that only written notice is necessary; but, RPL 232-A requires the landlord or landlord's agent to serve upon the tenant "in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law."

Thanks in advance, 

Ben

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[Howard Berglas]

RPL 232-a refers to a month-to-month tenancy; normally a situation where there is no written lease or where the lease has expired and the tenant continued to reside in the apt. and pay rent. In such a situation, a formal 30 day termination notice must be served in the same manner as a petition must be served (See RPAPL Art. 7). The HSTPA extended the notice to 60 or 90 days depending on how long the tenant has occupied the apt. Whereas Adam was inquiring about notice to be sent to a tenant with an expiring written lease. HSTPA provides that a tenant be served with notice if the lease will not be renewed or if the landlord wishes to increase the rent by over 5%. That notice must be provided 30-60-90 days in advance, depending how long the tenant has occupied the apt. That notice need only be sent by certified mail.

Howard Berglas, Esq.

c/o Schiller Law Group, P.C.   

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[Susan Baumel-Cornicello]

This begs the question whether a tenant is entitled to a notice that the lease is not being renewed (30/60/90) (226-c) AND a notice of termination (232-a), if the lease already expired, and the tenant is month-to-month. Can these notices be combined? 

This is not an academic question. This comes up often in our practice.

 

Susan Baumel-Cornicello, Esq.

Cornicello, Tendler & Baumel-Cornicello, LLP

2 Wall Street, 20^th Floor

New York, New York 10005

(212) 994-0260 (X 119)

(212) 994-0268 (Fax)

scorn...@ctbclaw.com

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[Howard Berglas]

No need to combine. In both cases, only one notice is required. If the lease has expired and the tenant remained in occupancy on a month to month basis paying rent monthly, he must be served with a termination notice, 30/60/90 days before the proposed termination date, and it must be served in the same manner as a petition as set out in RPAPL Article 7. No other notice is required prior to commencing a proceeding. If the landlord does not wish to renew the lease, he must provide notice to the tenant 30/60/90 days prior to the expiration of the lease telling the tenant that the lease will not be renewed. That notice is to be served by certified mail. No other notice would be required prior to commencing a proceeding. 

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[Santo Golino]

Susan

I've run up against your scenario too, usually where the lease recently expired. The way I do it is create a notice that states the lease expired on such and such date and will not be renewed and that the tenancy is terminated  effective 30/60/90 days from when the notice is served, usually setting a date far enough out to account for process server time, using the process server because a month to month has usually been created.  This way it complies with both statutes.  

The tricky situation is what if the lease expired say June 30, client says I'd like to get the tenant out and tenant has not paid July rent.  There is no month to month yet created and no notice of non-renewal was sent.  What I have done is sent the 30/60/90 notice of non-renewal (served per the lease notice provision) telling them that their lease that expired is not being renewed and inform the tenant, per the language from RPL 226-c, that the 'tenancy shall continue under the existing terms of the tenancy from the date on which the landlord gave actual written notice until the notice period has expired".  

Effectively, the legislature created a statutory lease extension.  This allows my client to collect the rent until the end of the notice period without creating a month to month and, prior to Covid, even starting an immediate non-payment while we wait for the 60/90 day period to come to an end.  I've only had a few like that, but have not yet been challenged.

Stay well and regards to Tony,

Santo  

Santo Golino

Golino Law Group, PLLC
46 Trinity Place
New York, NY 10006
ph: (212) 344-9300
fax: (212) 363-9444

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