Rent Stabilization Leases And Renewal Offers Are Now Permitted By Electronic Means
With technological advancements, and most individuals maintaining e-mail accounts, it only seems logical to now permit Leases and/or Renewals to be offered and accepted through electronic means. Rather than meeting with the landlord personally and/or waiting for a renewal offer in the mail, which many allege never arrives, both landlords and tenants alike will now have the luxury of receiving and entering rent stabilized lease agreements from the comfort of their homes and/or office by email.
With the passage of Chapter 74 of the Laws of 2022, owners may now choose to offer Leases and Renewal Leases by electronic means, however, they are required to first obtain the tenant’s voluntary written consent on the EL-TVC Electronic Lease Offer. The Tenant is not required to consent to such means of an offer. The Consent Form may be returned by electronic means or manually in hard copy form to the owner. The Consent will apply to all current and future Renewal Offers, and either party retains the right to opt out at anytime and/or change their information provided on the Form.
The landlord must still use the Division of Housing and Community Renewal (DHCR) promulgated Lease Forms and are required to maintain proof of service of the Voluntary Consent Form, the Lease Offer and acceptance or refusal. As a reminder in New York City, a Renewal Offer by mail or personal delivery must be made between 90 and not more than one-hundred fifty (150) days before the existing Lease expires. The tenant still maintains sixty (60) days to choose a term, sign and return it to the owner. The Electronic Signatures and Records Act (ERSA) also gives electronic signatures and electronic records used or accepted in New York State the same legal validity as if manually signed paper records. So not only may the lease be offered by email, it can be signed by an electronic signature. It’s time to save the trees, cost and our valuable time.
While clearly a much more convenient means to offer a Renewal Lease is by electronic means, beware that an owner can be charged with harassment if he/she is found to be forcing a tenant to sign a Voluntary Consent Form for electronic lease offers.
A copy of the EL-TVC is attached for your reference and use: https://hcr.ny.gov/system/files/documents/2022/03/el-tvc-electronic-lease-tenants-voluntary-consent-fillable-form.pdf
SDK HEIBERGER TEAM