Start Date Can Be Different from Move-In Date

Landlord asked the DHCR if there was any agency policy or procedure concerning a different lease starting date and move-in date. In an opinion letter, the DHCR stated that it permitted up to a 15-day difference between the start date of the lease and the date tenant actually moves in. The DHCR noted that there must be no evasion of the rent laws and that landlords should be careful when new tenants come in at the time a new rent guidelines year starts on Oct. 1. If the issue comes up in a DHCR proceeding, the agency will look at whether the lease term was designed to take advantage of a particular guidelines increase. The DHCR also stated that there were no Operational Bulletins or other public information on this issue.

DHCR Opin. Ltr. by Charles Goldstein (10/25/96) [2-page document]