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Old 02-13-2015, 09:17 PM
 
35 posts, read 140,791 times
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I've been googling this topic for a while now but decided to make a thread here because the forum seems fairly active. I hope I can get some insight.

About 20 years ago a relative of mine negotiated a lease for my grandparents who were coming from overseas. As soon as my grandparents landed they moved into the apartment. I came to America 6 months later and moved in with them and we've been living there together ever since.

The apartment was a colossal mess from the start. Virtually the entire kitchen was infested with roaches. Old fridge (I'd guess 30+ years old). Old stove. Old cabinets. Old sink. Old flooring throughout the entire house with holes and rips in it except in the living room where its decent hardwood but dirty and stained throughout but very much acceptable considering the rest of the house which I think is vinyl or whatever. Its safe to assume the relative who negotiated the lease, who had been living in America for a good amount of time and should have been savvy enough to do so, didn't negotiate any type of renovation whatsoever. my grandparents were certainly not savvy enough to say anything to the landlord all these years and all the filthy aspects of the apartments have stayed the same for virtually all 20 years.

Over the past 5 or so years, I've noticed people have hardwood flooring in their apartments in my building and have had work done beyond just painting. some old tenants like me, mostly the new ones. The landlord has raised our rent regularly despite the filthy conditions. There has been a hole in the wall under the sink for example for probably the entire time we've lived here. The old super has seen it when fixing issues with the sink throughout the years and I've mentioned it needs to be fixed. The new super has seen it. Its ridiculous and probably the way over a dozen mice have entered out apartment throughout the years (and have been caught)

Heres the thing though, I'm older now and I've had enough. My grandparents are moving out this month and I'm ready to do what they couldnt and should have 20 years ago. I was actually planning this for a solid year, they happened to have found a good apartments just a week ago. Up until then I was going to attempt to renovate with them still here. I brought up to my landlord everything I just mentioned in person the other day and he refuses to do anything basically. He said renovations are negotiated at the beginning of a lease and I explained how we came to America not knowing we even had rights as tenants. I showed him the horrifying pictures of the apartment and he said he cant imagine anybody agreeing to move in this kind of place in the first place. He even had the nerve to say the flooring in the hallway was so awful it wasnt installed by him (obviously it was, we didnt install some ripped up dirty vinyl). He said if I want to pay for new flooring i can but he wont do anything and if I dont like it to find a new place.

I was floored. I thought he'd see the pics and say, you know, that is filthy lets fix it up.

That caught me off guard. After seeing peoples homes in the building I thought we were due for major changes but that wasnt the case. He quoted the flooring as about a $500 job, the kitchen about 2 or 3 grand. Money I dont have.

I mentioned this to my super who has seen my poor living conditions first hand for about the past 4 years (hes fairly new) and he said thats insane. he said the flooring should be split maybe but not me footing the whole bill for a place I dont own.

Anyway, after being blindsided by his response, I regrouped and called the landlords office back to schedule a proper appointment to discuss these issues instead of the way I kind of popped in without one asking for pretty major stuff. I didnt even mention my grandparents moving out the first time.

We have A LOT of issues in the house. The kitchen as I said needs to be GUTTED. Mice rummage through the stove. The fridge is at least 30 years old and leaks. The flooring is horrendous. He actually agreed to change the floors in the kitchen only its so bad. But what good does changing the floors surrounded by a disgusting stove and fridge? and why not change it everywhere because its as bad everywhere.

We dont even have a lease agreement in writing in the house. 20 years ago my grandparents signed something and thats it. Should I ask to see it? Do you guys envision him getting mad asking for it and potentially kicking me out as my grandparents, the ones who are actually on the lease, move out?

Can he have been potentially illegally raising my rent for years? Can he potentially give me a fake lease agreement, since I wouldnt be asking for one if I actually had one? Maybe our original one stated we're allowed hardwood flooring throughout the entire house and hes gonna give me one that omits that kind of info.

I'm willing to work with him. Even though our rent was JUST raised, im ready to take another $50 or so a month hit for a new kitchen. I'm planning on putting new lamps in. New doors. stuff that will only benefit him. but I dont have 3 grand for a kitchen. We have molding from a leak upstairs that has been there for years. MAJOR molding. then minor molding else where. ALL things I have pointed out in the past. Can I use this as leverage? As in, hey I'll look past the molding and the cracked painting and the hole in the wall if you can work with me. Should I mention speaking to a lawyer and saying he told me I have a case as a scare tactic? I feel like i'd be walking a fine line, I dont want to get kicked out as I have to change the name on the lease to mine.

ANYWAY, based on all this, I was looking for suggestions on how to proceed. thank you and bless you for reading if you did.
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Old 02-13-2015, 09:32 PM
 
12,340 posts, read 26,130,025 times
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Your apartment may be rent-stabilized, which means you have quite a few rights that you might not even know about. You are certainly entitled to find out what your real legal rent is (which might not necessarily match the rent you're being charged). You can go to your local borough's DHCR office to find out the rent history on your apartment IF it's a rent stabilized apartment (you will find out when you are there).

Contact DHCR

I believe you need to bring proof that you are a resident of that apartment, whether it's an old lease plus current utility bills. Not sure what they require.
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Old 02-13-2015, 09:40 PM
 
35 posts, read 140,791 times
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What does rent stabilized mean exactly? I understand the built before 1974 and six units or more which my building was and has, but what else?

And the only proof I have that I'm a resident is school records from elementary school to college currently, a few old cell phone bills and stuff like that. Otherwise its my grandparents names on all the bills, who as I mentioned who are moving out.

My plan was to go to my landlord again, and tell him, "Listen, we've been paying top rate for a bottom rate apartment for 20 years, you won, its water under the bridge. but major changes need to be made now.

Also should changing the name on the lease from theirs to mine be complicated considering I moved in 6 months after them and have been here the entire time? with over a decade worth of school records as proof?
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Old 02-13-2015, 10:11 PM
 
12,340 posts, read 26,130,025 times
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Quote:
Originally Posted by yeezu5 View Post
What does rent stabilized mean exactly? I understand the built before 1974 and six units or more which my building was and has, but what else?

And the only proof I have that I'm a resident is school records from elementary school to college currently, a few old cell phone bills and stuff like that. Otherwise its my grandparents names on all the bills, who as I mentioned who are moving out.

My plan was to go to my landlord again, and tell him, "Listen, we've been paying top rate for a bottom rate apartment for 20 years, you won, its water under the bridge. but major changes need to be made now.

Also should changing the name on the lease from theirs to mine be complicated considering I moved in 6 months after them and have been here the entire time? with over a decade worth of school records as proof?
You need to Google rent stabilization in NYC and do some reading. Maybe you could start here Tenant Net - Tenants and Renters Rights - New York City

Also you could try calling the Met Council hotline Free Tenants' Rights Telephone Hotline | Metropolitan Council on Housing

Do it well before your grandparents move out. If your apartment is rent stabilized and you are paying a very low (below market) rent, and the neighborhood you live in has gotten popular, then the landlord will play all the tricks he knows to get you out so he can renovate and jack the rent way up for the next tenant.

So you need to understand your rights. I know that's partly why you started this thread, but keep in mind that the people here are just anonymous posters on an online board, and you are better off doing your own research from reputable sources.

Also, you need to amend your "plan" of going to the landlord to tell him to renovate. Your first step needs to be going to DHCR as I mentioned above. You need a lease, you need to know what the LEGAL rent on your apartment is, you need to understand how to get your name along with your grandparents' name on the lease, etc.

Go get some help from the help that is out there in the real world.
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Old 02-13-2015, 10:21 PM
 
35 posts, read 140,791 times
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we've been paying market for well below market quality and the impression I got is they're willing to play ball but you're right I'll approach it carefully
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Old 02-13-2015, 11:42 PM
 
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I looked into it and my landlord has been raising rent under the stabilization laws based on the last few letters informing us of raises so that answers the question of whether our rent is stabilized, it is. In fact the latest raise was $8 dollars less than what it could have been. Succession is not an issue, I'm a direct relative who has been living there since the very beginning and its well documented. I will send a letter claiming succession a few days before they move out soon.

My issue is more along the lines of getting these important renovations done the second the apt is freed up. He's already agreed to do the kitchen floors; despite saying flooring and such is not of his concern. Which means he takes responsibility for some of the mess but not the whole thing because he doesn't want to foot the bill.
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Old 02-14-2015, 06:57 AM
 
43,659 posts, read 44,385,284 times
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Being that you are a direct descendant of your grandparents and you have proof that you been living with them over 2 years, there should be no problem for you to take over the lease in a rent stabilized apt.

As for renovations, I believe that rent stabilized tenants are entitled to have the whole apt. painted once every 5 years. But the tenant is responsible for moving all the furniture away from the walls, etc. As for the fridge, the landlord has to make sure you have fridge in working condition but they don't have to supply you with a new one but might willing to upgrade for free to a newer secondhand one than what you currently have.

I don't know if you are entitled to any other renovations without a considerable raise in the rent and that I suggest you google for more information.
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Old 02-14-2015, 09:08 AM
 
35 posts, read 140,791 times
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I know I'm not entitled to anything but painting but I just wanted to know if anyone has experience working with their landlord on such issues. I'm willing to chip in but not for the full thing or even half on stuff I cant take with me.
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Old 02-14-2015, 09:35 AM
 
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If the conditions were so bad 20 years ago when you moved in why did you not just moved after your 1 year lease was up. You didn't need to keep renewing it. It sucks you have a ****ty apartment and didn't know better back then but you didn't have to stay so long. Many RS tenants who live in their apartments Long term end up do all sorts of renovations to their apartment on their dime to make living there comfortable. They may not own the place but when you spend years some place you want it to feel like home and be comfortable. Of course double check what you do with you Landlord.
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Old 02-14-2015, 10:19 AM
 
35 posts, read 140,791 times
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Quote:
Originally Posted by livingsinglenyc View Post
If the conditions were so bad 20 years ago when you moved in why did you not just moved after your 1 year lease was up. You didn't need to keep renewing it. It sucks you have a ****ty apartment and didn't know better back then but you didn't have to stay so long. Many RS tenants who live in their apartments Long term end up do all sorts of renovations to their apartment on their dime to make living there comfortable. They may not own the place but when you spend years some place you want it to feel like home and be comfortable. Of course double check what you do with you Landlord.
When our 1 year lease was up we were in the country for a year. We didnt know right from left. Its not until I grew up that things started to get done. For example the tiles surrounding the toilet in the bathroom were cracked since day 1. Floor was bearable in the rest of the bathroom, but surrounding the toilet itself there was enough tile missing to expose residue from the bottom of the toilet. I just cleaned thoroughly and covered it with paper towels for over a decade. i finally went to the LL about it expecting him to patch up around the toilet last year. Instead he decided to put all new flooring in the bathroom.

The floor elsewhere is much much worse. I could have lived with the old bathroom floor but he decided to put a new one in so I agreed of course.

Just because we lived a long time there and will continue to doesnt mean I'm gonna pay for a new kitchen and floors, stuff the LL would have to pay for anyway if we moved out. The renters who do, dont live in RS places. They have money. We dont. But we deserve better after paying on time and being great tenants for almost 2 decades. Although we're RS we're paying market, not below. I get the idea people are being priced out my building in general, RS or not so I think we are of value as tenants. An empty apartment doesnt make the LL any money. Like I said, I'm more than willing to pay entirely for minor improvements I couldnt take with me if I left like new doors, new lamps, etc but not new appliances, flooring although I could chip in slightly.

Again, looking to see if anyone has been in similar scenarios.
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