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My advice has been specific to the OP's question. You on the other hand have bogarted the thread to fit your soapbox diatribes about the evils of RS, knee jerk defenses of any LL without knowing anything about this specific one, and suing the RS/RC board. How does that help OP solve her problem? I don't disagree with you about the abuses of RS, however it is naive and intellectually lazy to demand elimination of RS in NYC. You know it will never happen. There is a hell of a lot more renters then landlords that vote.
Regarding an alleged hatred of landlords: I could care less. I think this one misrepresented the apartment and now stands back, claiming he's a victim too, while his good tenant suffers and defends him. Sounds like a case of Stockholm syndrome.
Are you forgetting the fact that the LL has ALREADY taken this loud tenant to court SEVERAL TIMES to try to put an end to the noise and to try to evict/not renew their lease. I'm sure that the LL has the paperwork of all of his attempts as proof if needed.
Do YOU not understand that the LL's hands are tied due to Rent Stabilization procedures/restrictions that gives the RS tenant 9 lives???
If this wasn't a RS tenant, this loud tenant would of been gone a long time ago. Its not like the LL is sitting on his rear doing nothing. So now your advise to the OP is sue the LL for misrepresenting the apartment? OH PLEASE...I'm in the real estate business and I guarantee you that won't happen and won't stick in a court of law. You are just giving her false advise out of your own personal hatred towards LLs in general. News Flash Modsquad: NOT ALL LANDLORDS ARE EVIL, GREEDY AND SLUMLORDS. Maybe the ones that you have currently or had in the past which brings out the prejudice in you.
I don't disagree with you about the abuses of RS, however it is naive and intellectually lazy to demand elimination of RS in NYC. You know it will never happen. There is a hell of a lot more renters then landlords that vote.
I certainly disagree with most of what you say (some of it offensive), but I managed to pull out a couple of sentences that indicate that even you see the abuses of RS and the problems that this system creates. And I agree that politicians keep it in place, and even strengthen it, because they want their jobs and not because they think it's in the best interests of the city (with the exception of a few leftist idealogues). My point is that if renters such as the OP see the abuses and how it negatively effects them, the scales of the votes could tip in the direction of at least loosening the RS stranglehold. As you say, it will not be eliminated. But it would be nice if it can be improved so that trouble-making tenants are not guaranteed a lifetime lease. Housing court offers no relief when the tenant knows how to play the system.
Are you forgetting the fact that the LL has ALREADY taken this loud tenant to court SEVERAL TIMES to try to put an end to the noise and to try to evict/not renew their lease. I'm sure that the LL has the paperwork of all of his attempts as proof if needed.
Are you forgetting that the OP said that the LL said it STOPPED? That's why I've asked repeatedly what the decision was of that case.
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So now your advise to the OP is sue the LL for misrepresenting the apartment?
Yes, I advised her to do so because legally that is her only recourse.
You said
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Instead of suing the LL, I suggest the OP band together with the LL and sue the hell out of the Rent Stabilization system
Talk about giving "false advise" (your words, not mine)
My beef with you victorfox is that you are short on real advice and long on diatribe.
I certainly disagree with most of what you say (some of it offensive), but I managed to pull out a couple of sentences that indicate that even you see the abuses of RS and the problems that this system creates.
Tell victorfox that lamontnow. He thinks I'm an "undercover Tenant Advocate", whatever the hell that is.
I can't imagine what I said that offended you. I actually went back and read the whole thread. Maybe you need a tougher skin, this is New York!
Well, it's been three weeks since I last posted so it's time for an update. Probably my last post. I'll be moving in with my sister temporarily next week. Gotta get some sleep. I've been sleeping there about half the time anyway.
The landlord has let me end my lease 1 1/2 months before it expires. He practically begged me to stay but he understands the situation and my decision. He is taking the noisemaker to court and I will be a witness. I'm the one being most effected by the noise because of my apartment's location. There is another tenant who also is very bothered by it but they're afraid, literally afraid, to get involved. You see, it's apparently the noisy tenant's boyfriend who is the culprit. And this guy is somewhat scary - low-class, covered with tattoos. Hey, I'm gonna be out of here - the others have to continue living here. I can sympathize with their concern.
The landlord is the one with the biggest problem. He'll be losing rent until he can rent the apartment again. And he doesn't want to do that until the noise stops. So he has to spend the money and time to go to court (again). According to his lawyer he probably won't be able to get the tenant evicted because of the way judges do things so he's hoping to just get her quiet again for a few years.
I want to thank everyone for their suggestions. However, there is one poster who suggested several times that I withhold rent, sue the landlord, even try to squeeze money out of him! This man could not have been nicer to me. And I find it insulting that because I sympathize with this man, this poster says that I have Stockholm syndrome!
Until I encountered this problem I had no idea that there is a system which requires that a nasty tenant's lease be automatically renewed no matter what. If that weren't the case, this tenant would be long gone and I would still be living in an apartment and location that I love.
Dear spicetaster,
First of all thank you for the update. That is rare for an anonymous poster to give a follow up. My advice to you is based on 25 years of landlord/tenant relationships, often time spent in part 52 (LL/tenant court) in lower Manhattan. Irregardless of how kind your landlord is, a tenant's only legal option is to go after the landlord. There are many good and decent people who rent out space in NYC, I work for some of them, and my job is to keep them out of the kind of trouble you are having. Unfortunately being the "landlord" is a thankless job, and inevitably leads to unpopular decisions being made. It's human nature to avoid confrontations and NY real estate is certainly confrontational. By avoiding the issue or discontinuing the previous court case your landlord only made it more difficult for himself and any future tenants that might of moved into the neighboring space. You have to admit, when he rented you the space he must of had his fingers crossed!
Not sure why you feel compelled to move. Once the Landlord brings suit, the offending tenant must answer which at the very least requires a court appearance or a legal stipulation promising not to offend. Given the fact that the LL has a witness now, that is usually enough to shut the music down. Believe me, Landlord/Tenant court is very painful for everyone!
Victorfox, I work for half a dozen small landlords who like this thread's LL doesn't have the stomach to deal with typical ownership problems. My time in court involves simple hold overs, non payments or lease breaches.
Victorfox, I work for half a dozen small landlords who like this thread's LL doesn't have the stomach to deal with typical ownership problems. My time in court involves simple hold overs, non payments or lease breaches.
No victorfox, I'm not a paralegal. I legally represent the owner and stand with his attorney negotiating settlements (stipulations) in the hallway after the first call and hopefully sitting somewhere else by noon. On a normal day I manage property and act as owner's rep for ongoing renovation/construction projects.
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