Higher Rent Preserved in Lease Rider

A landlord asked the DHCR how it could preserve the right to collect a higher rent when signing a renewal lease while a rent reduction order is in effect. In an opinion letter, the DHCR stated that landlords can't collect guidelines increases that occur while a rent reduction order is in effect. But, a landlord can preserve the right to later collect guideline increases. To do this, landlord should offer a renewal lease containing a rider stating the rent that would have been collectible had the rent reduction order not been issued, and providing for its collection when the rent is restored. Also, a tenant can't refuse to sign a renewal lease solely because a rent reduction order is in effect.

DHCR Opin. Ltr. by Nathaniel Geller (1/22/93) [2-page document]