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Old 03-14-2012, 08:38 AM
31 posts, read 30,235 times
Reputation: 10
Default Laws about increasing rent

Hello Everyone,

I am posting this for my mother.

She leased out her apartment the past year for the first time. It is an apartment in my home on the first floor.

She has one year lease that is coming up this month so last month she told her tenant if he planned on renewing that the rent would be increased my 100 a month. (It will now be about what others in my area charge) He said it was okay so she thought everything was good.

Last night however he came up and said by New York State law she can only increase his rent by 4% and that she must give him a 90 day written notice that it is going up. She was really shocked by this and he caught her off guard so she said $50 would be okay instead... he then said he was currently looking for a house and that his girl friends apartment is much bigger and is the same cost. She asked him if he was planning on moving out and he said he is now looking and will let her know in about 2 weeks.

My mom is really bad with confrontation and really needs the extra money because all of the bills really increased (as I know most people are going through) She hasn't really had many problems with him throughout the year except I feel he has been taking advantage of her in some areas, like asking her to pay for an extra cable box for him, having people stay there often even when he wasn't home and using the pool after being told not to without permission. I know she should of said something but she liked him and felt bad. But he does pay every month on time which is GREAT. I know that is a problem with some tenant.

I looked online for the laws regarding rent increases and I found things that say only if it is a rent stabilized apartment. From what I understand that is mainly for apartment buildings with 6 or more apartments in them. I tried calling up the town just to ask what the laws were but I can't get through. Is anyone familiar with them? I live in Nassau county.

Any info would be greatly appreciated. Thank you in advance
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Old 03-14-2012, 09:08 AM
3,939 posts, read 4,088,218 times
Reputation: 1391
IIRC unless they are on a lease or an assistance program, the landlord can increase the rent at whatever amount they want with proper notice.

4% sounds like rent controlled housing, is this true?
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Old 03-14-2012, 09:12 AM
31 posts, read 30,235 times
Reputation: 10
Thank's for the reply.

I don't think we are considered rent controlled housing since it is an apartment inside of our home. But that's what I am confused about, if we are or not.

He does have a 1 year lease that my mom made and that expires in April.
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Old 03-14-2012, 09:13 AM
2,931 posts, read 5,460,086 times
Reputation: 738
I have never heard of such a law.
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Old 03-14-2012, 09:16 AM
527 posts, read 394,756 times
Reputation: 494
Yeah, I'm pretty sure that guy read something about NYC rent control laws and somehow thinks it applies to his situation - it doesn't. Have him print out this supposed law in-context and from an appropriate site so you can show him why it has nothing to do with him.

I know what you mean about non-confrontational people being landlords though. My in-laws rent out the apartment in their house and have a tough time getting the right amount of money from the tenants because they're too polite to say "pay up or get out." In fairness, the tenants do make up for it somewhat by doing most of yard work and such around the house.
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Old 03-14-2012, 09:24 AM
31 posts, read 30,235 times
Reputation: 10
Hey Guys,

Thank's for all of the replies.

I was thinking that it was some NYC law but wasn't 100% sure.

I just feel so bad for my mother because she is really one of the nicest people and I hate seeing her so worried and upset about this.

s13, your inlays sound very similar to my mother, she really has a tough time being stern and get's very emotional easily (not in front of the tenant but afterwards)

I wish I could talk to him for her but she doesn't want me to. I would never be rude but I would say what needs to be said.
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Old 03-14-2012, 01:15 PM
Location: Queens
155 posts, read 191,603 times
Reputation: 91
Unless the house is actually a building, is in NYC, has multiple units and was rented before 1974, it is not covered under the rent-stabilization laws.

Your mother can charge him whatever she wants as long as she gave the proper notification that was stated in the lease (usually 60-90 days). If that verbiage doesn't exist, neither does his claim.
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Old 03-14-2012, 01:18 PM
653 posts, read 1,051,926 times
Reputation: 233
I am sure that her tenant realizes that he needs to give your mother 30 days notice if he is leaving.
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Old 03-14-2012, 02:09 PM
Location: Long Island
175 posts, read 253,604 times
Reputation: 87
i cannot stand when people take advantage of the elderly. sounds like she'd be better off getting that tenant out and starting fresh with loads of upfront disclosure. sign on the line and follow her designated rules or OUT. i assume her home is on the island, being that it's a long island forum --- there are other avenues for finding renters besides craiglist. PM me, as a military wife, i'm getting REALLY good as hunting and pecking houses.
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Old 03-27-2012, 04:28 PM
Location: Yucaipa, California
8,307 posts, read 9,873,935 times
Reputation: 4589
You mom sounds nice & this guy is absolutely taking advantage of her. Mom shouldnt of bought this guy a xtra cable box & the pool rules should be honored by him. Let him move.
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