Etpa Renewal Lease: Fill & Download for Free

I worked in housing/real estate in NY for most of my life, on both sides of the fence - as tenant oriented, and as owner oriented. There are two kinds of rent “control” in NY (New York state, including NYC) There is Rent Control (RC), and there is Rent Stabilization (ETPA - Emergency Tenants Protection Act).At this point, the people who were supposed to have benefited from RC are mostly long gone, deceased, and it is their survivors or even people never related to them living in the units. RC has turned into a multigenerational hijacking of a landlord’s property. I know of people who moved into a RC apartment who were two generations removed from the original renter, but because the laws are written to grandfather in anyone residing in the unit, and the landlord is notified, for at least 6 months before the primary tenant leaves. or passes away, they get to keep the apartment. So, you can have someone paying $700 for a unit that a similar unit in the building is renting for over $3000. RC needs to be abolished, and transitioned to ETPA. And, ETPA does not cover all units, only in buildings constructed prior to 1974, generally buildings 6 units or larger, and only in municipalities that voted to accept the regulation.ETPA isn’t permanent, and units can and do get taken off the rent stabilization program, once the rent passes a certain threshold. (varies from location to location) As a disclaimer, when I apartment hunted, I made sure I lived in ETPA units. That way I knew what my rent would be for at least the upcoming couple of years. Living in an area where the vacancy rate was often less than 0.05%, it is a landlord’s market, and rents are obscene. (lots of contributing factors there) It was not uncommon to have a non-ETPA unit have a rent increase each year that far exceeded an ETPA increase. The last years I was in NY, my lease renewal was 3% for two years. A friend’s rent went up in a nonETPA building 8% for one year. When I moved out, my rent was $1100/mo. The incoming tenant paid $1775/mo, and after they moved out the next tenant is now paying $1995/mo. So, the rent jumped $895/mo in the course of two years. (These amounts are more than likely illegal under ETPA, but unless a tenant does the proper research, they will never know they are over-paying). The threshold to deregulate the unit is $2737/mo., so you can see the landlord’s rush to get that rent up and over the threshold.Now that I am living in a free market area, I was pleasantly surprised to see that it is lower cost all around, that it is a renter’s market, and rents are negotiable. In fact, even after a rent increase after two years, my rent here in Ohio is still less that the amount of the rent increase in my old NY place! Landlords don’t need to try to offset controlled rents by extremely high rents for new rentals

You have to be a bit more specific. Where in NY? If you are talking about New York City, properties in Nassau, Rockland or Westchester Counties, the local DHCR office (Division of Housing & Community Renewal) would be able to tell you if you reside in a property that is regulated by one of several rent programs. If you are in a property that is less than 6 families, there are no programs that I am aware of that would regulate your rent. As long as your landlord follows proper protocol, they can charge whatever the market will bear, and as long as they provide you with 30 days advance written notice, can request a rent increase of any size, or, request you to vacate the premises. (assuming you do not have a written lease).However, in June 2019 the New York State legislature passed a game changer : The Housing Stability and Tenant Protection Act of 2019. Unlike the prior tenant protection act (ETPA) that expired every 4 years, this one is permanent. Any municipality with a jurisdiction that has less than 5% vacancy can declare a housing emergency and adopt the Emergency Tenant Protection Act (ETPA) after conducting a study to confirm that the applicable jurisdiction has less than a 5% vacancy rate.The ETPA does not apply to buildings containing less than six (6) units; rent controlled apartments; motor courts; tourist homes; nonprofit units; housing supervised by the government; substantially rehabilitated housing and housing within buildings completed after 1973.Units that fall under the ETPA programs have (or are at least supposed to have) a paper trail of the rents charged for that unit. You can file a formal request with DHCR to have them ascertain the rent you are being charged is the legal amount. Not many tenants are aware of that, and because finding decent housing is so difficult in many areas, tenants don’t question the rent or what they are being charged, such as sewer charges, etc. If you are in a unit and find you have been charged an illegal rent or illegal charges, there are penalties that the landlord will have to pay, and will have to reimburse you for all illegal charges (and sometimes you get treble damages back). But, you have to be be proactive: DHCR can only go back one year to get you you refund(s).