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. last updated 4-22-08

Tenants’ Rights > Lease

Lease is a contract between a landlord and tenant which contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree. Leases for apartments which are not rent stabilized may be oral or written. However, to avoid disputes the parties may wish to enter into a written agreement. An oral lease for more than one year cannot be legally enforced.

(General Obligations Law § 5-701)
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Tenants’ Rights > Rent

Where an apartment is not subject to rent stabilization or rent control or other rent regulation, a landlord is free to charge any rent agreed upon by the parties. If the apartment is subject to such rent regulation, the rent and subsequent rent increases are set by law. A tenant may challenge the regulated rent with the DHCR. If the challenge is upheld, DHCR will order a refund of any overcharges plus interest and, where appropriate, it may assess penalties.
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