Legal Question in Real Estate Law in New York

Renewal lease -- new or extension contract?

I am a rent stabilized tenant in New York City and lived in my apartment for 9 years. Every two years I renew my lease using a DHCR renewal form (not a brand new lease form). DHCR says that a renewal lease is an extension of a lease, but the IRS says that it is a brand new contract.

Q: legally, have I had a 9 year contract or only a 2 year contract?

Thank you.


Asked on 10/15/03, 9:17 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Renewal lease -- new or extension contract?

You have continual 2-year leases. The term controls the length of the lease, not how long you have lived there.

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Answered on 10/15/03, 4:01 pm
Seth Kaufman Seth M. Kaufman

Re: Renewal lease -- new or extension contract?

Each new agreement is a separate contract, although subsequent renewals incorporate most of the same terms of the intial lease. What is the purpose of your inquiry? Feel free to call me at 212-367-9167 to discuss this or any other real estate matter. I do not charge a fee for the initial consultation.

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Answered on 10/20/03, 11:21 am


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