📋 Lease Renewal Offer
For NYC Rent Stabilized Apartments – DHCR Compliant
🚨 CRITICAL 90-150 DAY WINDOW
Renewal offer MUST be sent 90-150 days before current lease expires:
- Too early (>150 days): Invalid offer – automatic 1-year renewal at current rent
- Too late (<90 days): Invalid offer – automatic 1-year renewal at current rent
- Must offer BOTH: 1-year and 2-year term options
- Tenant chooses: Landlord cannot force term length
- 60-day response: Tenant has minimum 60 days to accept/reject
Missing window = NO rent increase allowed for that year
⚠️ Current RGB Rates (2024-2025)
For leases beginning October 1, 2024 – September 30, 2025:
- 1-year renewal: 2.75% increase
- 2-year renewal: 5.25% increase
Always verify current rates: housingnyc.com/rgb or call (212) 385-2934
📋 What This Offer Must Include
- Current rent amount
- New rent for 1-year renewal with RGB percentage
- New rent for 2-year renewal with RGB percentage
- Tenant’s choice of term (landlord must offer both)
- Statement that apartment is rent stabilized
- Deadline for tenant to respond (minimum 60 days)
- MCI/IAI charges if applicable
- DHCR contact information
📝 Renewal Offer Details
Current Rent Information
RGB Increase Rates
Percentage (e.g., 2.75 for 2.75%)
Percentage (e.g., 5.25 for 5.25%)
Additional Charges (if applicable)
Major Capital Improvement charge
Individual Apartment Improvement charge
Calculated Renewal Rents:
Renewal Terms
Day after current lease expires
Minimum 60 days from offer date
Property Information
Tenant Information
Landlord Information
📚 Complete Guide to NYC Rent Stabilized Renewals
The 90-150 Day Window
This is absolutely critical – get this wrong and you lose the rent increase:
🚨 Window Calculation
Example: Lease expires December 31, 2024
- Earliest valid date: August 3 (150 days before)
- Latest valid date: October 2 (90 days before)
- Valid window: August 3 – October 2
Sent August 1 (152 days): TOO EARLY = Invalid = 1-year at current rent
Sent October 5 (87 days): TOO LATE = Invalid = 1-year at current rent
Sent September 1 (122 days): PERFECT = Valid offer
Consequence of missing window: Lease automatically renews for 1 year at CURRENT rent. You lose the rent increase entirely for that year. You can sue tenant separately for damages if they break lease, but deposit may only cover actual costs.
What Offer Must Include
DHCR-compliant renewal offer must contain all of these elements:
- Current rent amount: What tenant currently pays
- 1-year renewal option: New rent with RGB 1-year percentage applied
- 2-year renewal option: New rent with RGB 2-year percentage applied
- Tenant choice statement: Clear language that tenant chooses term
- Renewal start date: Day after current lease expires
- RGB order year: Which RGB vote’s percentages apply
- MCI/IAI charges: If applicable, itemized separately
- Response deadline: Minimum 60 days for tenant to decide
- Rent stabilization statement: Notify tenant unit is stabilized
- DHCR contact info: Phone and website for tenant questions
RGB Rates by Year
Historical RGB-approved increases:
| RGB Order Year | 1-Year | 2-Year | Applies To |
|---|---|---|---|
| 2024-2025 | 2.75% | 5.25% | Oct 1, 2024 – Sep 30, 2025 |
| 2023-2024 | 3.00% | 5.00% | Oct 1, 2023 – Sep 30, 2024 |
| 2022-2023 | 3.25% | 5.00% | Oct 1, 2022 – Sep 30, 2023 |
Which rate to use: Use the RGB rate in effect when renewal lease BEGINS, not when you send offer
Tenant’s Rights
✅ What Tenant Can Choose
1. Lease Term:
- Tenant chooses 1-year OR 2-year renewal
- Landlord MUST offer both – cannot force one term
- Different rent amounts for different terms
2. Accept or Reject:
- Tenant has minimum 60 days to decide
- Can accept renewal at new rent
- Can reject and move out at lease end
- If no response in 60 days = deemed to accept 1-year renewal
3. Cannot Negotiate:
- RGB percentage is FIXED by law
- Tenant cannot counteroffer lower rent
- Only choice is accept, reject, or pick term length
If Tenant Doesn’t Respond
Default renewal rules:
- After 60 days: Tenant deemed to have accepted 1-year renewal
- At increased rent: The RGB-increased rent you offered
- Automatic effect: Renewal takes effect on renewal start date
- Landlord should: Send confirmation letter noting deemed acceptance
- Prepare new lease: With 1-year term and new rent
- Tenant can’t later claim: They rejected it – silence = acceptance
Common Mistakes
❌ Top 10 Renewal Offer Errors
- Sent 160 days early: 10 days too early. Offer invalid. Automatic 1-year at current rent – NO increase.
- Sent 85 days before: 5 days too late. Offer invalid. Automatic 1-year at current rent – NO increase.
- Only offered 2-year: Didn’t offer 1-year option. Tenant must have choice. Offer invalid.
- Wrong RGB rate: Used 2023-2024 rate for October 2024 renewal. Must use 2024-2025 rate.
- Gave tenant 30 days: Response deadline only 30 days. Minimum 60 days required.
- No certified mail: Mailed but no proof. Tenant claims never received. Can’t prove sent in window.
- Vague term choice: Didn’t clearly state tenant chooses term. DHCR requires explicit statement.
- Forgot MCI disclosure: Building has MCI, didn’t include charge in offer. Must disclose all charges.
- Pre-2019 preferential language: Said can raise to legal rent. Post-2019, preferential IS the legal rent.
- No DHCR contact: Didn’t include DHCR phone/website. Required element of compliant offer.
Best Practices
✅ Renewal Offer Checklist
- Mark calendar: Set reminder 120 days before lease expires
- Verify RGB rates: Check housingnyc.com/rgb for current percentages
- Calculate carefully: Double-check math on new rent amounts
- Offer both terms: Clearly present 1-year and 2-year options
- Include all charges: MCI, IAI if applicable
- Give 60+ days response: Don’t shortchange tenant’s decision time
- Use certified mail: Proof of mailing date within 90-150 window
- Keep copies: Save offer and certified mail receipt
- Follow up: If no response by deadline, send deemed acceptance letter
- Prepare new lease: Have formal renewal lease ready to sign
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. NYC rent stabilization law requires renewal offers be sent 90-150 days before lease expiration. Missing this window by even one day creates automatic 1-year renewal at current rent with NO rent increase.
The 90-150 day window is RIGID. Count carefully from lease expiration date. Sending offer 151 days early or 89 days before expiration invalidates the offer and you forfeit rent increase for that year.
You MUST offer both 1-year and 2-year options. Tenant chooses term length, not landlord. Failing to offer both options or trying to force tenant into 2-year lease violates law.
Always verify current RGB rates at housingnyc.com/rgb or call (212) 385-2934. Using outdated RGB percentages creates invalid offer. For rent stabilized properties, we strongly recommend consulting property manager or attorney experienced with DHCR regulations before sending renewal offers.
