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I guess right now I have bigger problems. The LL might have been forging our signature on leases and if not that, then illegally raising our rent. But we have been paying it, so if he says those signatures are ours they might believe him. BUT, we never got any contracts by certified mail so I dont think he can just say we signed them in person.
You are correct. The LL does have to offer you (or in this case, your grandparents) a renewal. But on the flip side, it's up to them to enforce this. If the LL doesn't offer you a renewal, you may need to file a complaint with the DHRC to record the fact that this didn't happen, and to have them order him to issue the lease.
If you haven't had a lease since 2003 and your GPs haven't filed a complaint, he may be able to claim they acceded to becoming month to month tenants at the higher rent. I don't know if a housing court judge will buy that. Also, I'm not sure if this is still in place, but at one point the law changed to only allow challenges to go back four years. Given that you don't have a renewal for over a decade, I have no idea how that will play into this situation.
Also, you aren't a tenant on the lease. You're looking to get a lease in your name, where the LL can make a claim that no lease in is force. Again, this may be a complicating factor.
On the flip side, NY Housing Court judges tend to be very tenant friendly. So you could get a break. But this would not be DIY law. I think you'd need to pay a lawyer to litigate this. And, as I said, merely going to housing court can have negative consequences.
Quote:
Originally Posted by yeezu5
Concerning your first point:
whose responsibility is it to provide a lease agreement for signing, me or the landlord? he never asked us to sign anything in over 10 years. Two potential things could have been going on: hes signing our name for us. Or we're just month to month.
But I just read this:
"You may want to double-check with the NY State Division of Housing and Community Renewal (DHCR), the state agency which administers the rent laws, at 718-739-6400, to see if your apartment is rent stabilized. If you rent a stabilized unit, your landlord must offer you a lease. Your rent cannot increase until you receive a lease, and may only increase according to the annual rent guideline increases voted on by the Rent Guidelines Board. Information of rent increases can be found here."
It says your landlord must offer you a lease. He hasnt in over 10 years. But raised rent according to RS guidelines.
Again I need to find out immediately if the apartment is in fact RS in the first place but lets go under the assumption it is. Otherwise why would he raise rent based on RS guidelines??
The last lease we ever put a signature to, from 2003, states, and I quote, "This is a co-op apartment and it is not under rent control or rent stabilization ruling. This apartment is not under any city or government ruling."
If I find out that this is in fact a rent stabilized apartment, how do i proceed? Does my LL just get away with falsely stating something like this?
but if it is in fact a co op apartment, what does that even mean?
Neither. He'll just claim you and your GPs are month to month. There's no law that you have to have a lease, he just has to offer you one. As I said in my other post, it's up to you to seek enforcement. Apparently your GPs never did.
Quote:
Originally Posted by yeezu5
I guess right now I have bigger problems. The LL might have been forging our signature on leases and if not that, then illegally raising our rent. But we have been paying it, so if he says those signatures are ours they might believe him. BUT, we never got any contracts by certified mail so I dont think he can just say we signed them in person.
You are correct. The LL does have to offer you (or in this case, your grandparents) a renewal. But on the flip side, it's up to them to enforce this. If the LL doesn't offer you a renewal, you may need to file a complaint with the DHRC to record the fact that this didn't happen, and to have them order him to issue the lease.
If you haven't had a lease since 2003 and your GPs haven't filed a complaint, he may be able to claim they acceded to becoming month to month tenants at the higher rent. I don't know if a housing court judge will buy that. Also, I'm not sure if this is still in place, but at one point the law changed to only allow challenges to go back four years. Given that you don't have a renewal for over a decade, I have no idea how that will play into this situation.
Also, you aren't a tenant on the lease. You're looking to get a lease in your name, where the LL can make a claim that no lease in is force. Again, this may be a complicating factor.
On the flip side, NY Housing Court judges tend to be very tenant friendly. So you could get a break. But this would not be DIY law. I think you'd need to pay a lawyer to litigate this. And, as I said, merely going to housing court can have negative consequences.
Should I bring all of this up to my LL first (after confirming whether its RS or not?)
I'm not a tenant on the lease but I've been living here since the beginning and I'm a direct relative. does that not count for something?
Neither. He'll just claim you and your GPs are month to month. There's no law that you have to have a lease, he just has to offer you one. As I said in my other post, it's up to you to seek enforcement. Apparently your GPs never did.
you might be reading this like you cant believe it, but its real. My gp's arent necessrily dumb, they're just delusional. they dont get these things need to be in writing. they think "ill pay the rent they ask me" and thats it. but now im in a bad predicament.
The short answer here is to get the rent regulation history of the building from the DHRC. That will give your the official status.
Before the mid-'90's, when the rent regulations were modified to make it easier to get an empty apartment out of rent regulation, the only real way to deregulate a building was to convert it to a coop. Now this would not generally deregulate apartments where there were regulated tenants in place, but it would allow the owner of the apartment (either the sponsor of the conversion, or someone who bought the occupied apartment from the sponsor), to deregulate it if it became vacant. Your building is one of these (based on what your saying.)
A big question is, was the apartment initially rented as a regulated rental, and they got converted, or did your grandparents rent a deregulated apartment initially. That's a HUGE issue. The DHRC history should tell you this.
Quote:
Originally Posted by yeezu5
The last lease we ever put a signature to, from 2003, states, and I quote, "This is a co-op apartment and it is not under rent control or rent stabilization ruling. This apartment is not under any city or government ruling."
If I find out that this is in fact a rent stabilized apartment, how do i proceed? Does my LL just get away with falsely stating something like this?
but if it is in fact a co op apartment, what does that even mean?
Not just no, but HELL NO! Don't go to the LL until you know independently what the situation is, and what you want to do. Up till now, it seems like he's happy to let whatever situation you're in continue. If/when you decide to rock the boat, he may decide it's time to get rid of you and your GPs.
Quote:
Originally Posted by yeezu5
Should I bring all of this up to my LL first (after confirming whether its RS or not?)
It does, but only if there's a regulated lease in force. If not, no.
Also, there are rules controlling which type of relative is allowed to get succession on a lease. Parents, children and siblings are. I don't know about grandchildren. You need to research that also.
Quote:
I'm not a tenant on the lease but I've been living here since the beginning and I'm a direct relative. does that not count for something?
The short answer here is to get the rent regulation history of the building from the DHRC. That will give your the official status.
Before the mid-'90's, when the rent regulations were modified to make it easier to get an empty apartment out of rent regulation, the only real way to deregulate a building was to convert it to a coop. Now this would not generally deregulate apartments where there were regulated tenants in place, but it would allow the owner of the apartment (either the sponsor of the conversion, or someone who bought the occupied apartment from the sponsor), to deregulate it if it became vacant. Your building is one of these (based on what your saying.)
A big question is, was the apartment initially rented as a regulated rental, and they got converted, or did your grandparents rent a deregulated apartment initially. That's a HUGE issue. The DHRC history should tell you this.
thanks. Now I cant wait to go to the DHRC office on Monday (or Tuesday if they're closed for the holiday). Wish I went yesterday.
so if the apartment is indeed a co-op apartment, its deregulated? Then why would the LL raise rent according to rs guidelines to the t? this is extremely stressful but i'm so glad I made these threads. thanks for responding.
Can a tenant be evicted if the owner of the building fails to give him or her a renewal lease?
If the building owner fails to offer a renewal lease to the tenant, the tenant shall not be deprived of his or her rights under the regulations. The owner shall be barred from commencing any action or proceeding against the tenant based upon the lack of a required renewal lease. See Fact Sheet #4.
I cannot wait to find out if my apartment is RS.
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