Division of Housing and Community Renewal.The October Problem: The Division of Housing and Community Renewal has proposed changes to the administrative code that could solve the current October renewal problem. This change would shorten the period before the lease expiration before the owner has to send the renewal offer from 120 to 90 days. "The tremendous advantage is that it would solve the October renewal problem, because you have to send it on June 1st with the old renewal numbers, checking off a box that says it will change, and then the change has to be explained to the tenant. You never want to have an October renewal," says Dan Margulies, executive director for the Community Housing Improvement Program, a middle market owners group. At a public hearing on May 25th tenants requested the changes not be made, but most of those, Margulies says, were the changes made due to the 1997 rent law. A comment period may be extended to mid-July, and then the changes would probably be adopted in late summer and fall. "Most of the changes, contrary to news reports, merely formalize and codifies the code to incorporate court actions and the 1993 and 1997 legislation," says Margulies. Items being incorporated include the four-year statute of limitations A type of federal or state law that restricts the time within which legal proceedings may be brought. Statutes of limitations, which date back to early Roman Law, are a fundamental part of European and U.S. law. on overcharge complaints, luxury decontrol de·con·trol tr.v. de·con·trolled, de·con·trol·ling, de·con·trols To stop control of, especially by the government: decontrolled oil and natural-gas prices. , and the de minimus policy so overcharges cannot be obtained for items like paint color. "What DHCR DHCR Division of Housing and Community Renewal is doing is simply telling us what the rules are and brining In cooking, brining is a process similar to marination in which meat is soaked in a salt solution (the brine) before cooking. Brining makes cooked meat moister by hydrating the cells of its muscle tissue before cooking, via the process of osmosis, and by allowing the cells us up to date," Margulies adds. New proposals include two desired by owners. One would be the repeal The Annulment or abrogation of a previously existing statute by the enactment of a later law that revokes the former law. The revocation of the law can either be done through an express repeal of the so-called Golub notice. This is a provision in the code that says owners can only commence a non-primary residence action during the period for lease renewals. This means the owner can send a lease renewal, the tenant signs and return it to the owner for signature. Margulies says even if you then send the signed lease back and get that returned by the post office because the forwarding order has expired, it is too late to begin the non-primary residence action. Another proposed change by DHCR applauded by owner reps would prevent tenants from profiteering prof·it·eer n. One who makes excessive profits on goods in short supply. intr.v. prof·it·eered, prof·it·eer·ing, prof·it·eers To make excessive profits on goods in short supply. on their room mates by prohibiting tenants from charging a roon-imate more than their "proportionate pro·por·tion·ate adj. Being in due proportion; proportional. tr.v. pro·por·tion·at·ed, pro·por·tion·at·ing, pro·por·tion·ates To make proportionate. share" of the rent; Penalties could subject the prime tenant to an overcharge complaint. |
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