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Homes and Community Renewal

COL-9007: Summary - Renewal Leases and Rent Reductions

February 1, 1994

This is in response to your letter, dated January 16, 1994, requesting information regarding two questions.

Where a rent reduction order, based upon a reduction of services is still in effect, the owner may not collect any rent increase for the affected housing accommodation, including an increased security deposit for a barred renewal lease increase.

Section 2523.5(a) of the Rent Stabilization Code provides that the notice of lease renewal (RTP-8) be "On a form prescribed or a facsimile of such form approved by the DHCR...." As the form used by the owner contains all of the essential elements of DHCR's RTP-8 and is identical thereto except for some minor details, the owner's form is a proper "facsimile" whose use is permitted by the Rent Stabilization Code.

I trust that I have responded to your inquiry.

Very truly yours
Gary Turk
Deputy Counsel

GT: NG: adh
Log No. G-4507

cc: James Procopio
COL- 9007

Last updated on 04/08/08