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My great aunt has lived in her apartment for the last 30 years, she has controlled rent, she is 80 years old and the little money that she receives is from her disability checks. The building that she lives in was sold a couple of years ago and the new landlord is asking for a security deposit, keep in mind that the apartment needs a lot of repairs they are asking for 50% more of what the rent is supposed to be, can they ask legally for a deposit after living in that apartment for that long. They recently made some repairs to the apartment but it was really choppy work I even had to take apart the kitchen sink to put it in place.
I don't believe that the new owners can ask for more than one month's security deposit but I'm not too familiar with rent-controlled buildings.
What I can tell you, and I believe I'm correct, is that you shouldn't have taken apart the kitchen sink to put it in place. Repair requests should always be put in writing and, if the repairs aren't made within the time allowed under state law, or the repairs aren't properly made, a further written request should be made documenting the continued problems.
Google "NY rent controlled apartments security deposit repairs" for a start. The new owners may well be relying on the fact that your 80 year old aunt knows nothing about the legalities involved where rent control is concerned and would be more than happy to have her leave so they can rent the apartment out at market value.
Hopefully someone who reads this forum will know way more than I do about rent-controlled apartments in NY. Good luck!
I would call a Lawyer since most real estate in NY is done through a lawyer and go from there or call the local authorities. This sounds weird to me.
First how will they be able to say how the apartment was when she moved in....at least start to make a ton of pictures and a list of repairs and have it delivered to the new LL by certified mail (keep the pictures for your own file and make a copy of the letter). Write in the letter you have made pictures as proof, they probably don't expect an 80 yr old to do this...
The security deposit goes for old landlord to new landlord. They can not ask for sercurity desposit again from tenants. And as far as rent increase on rent control can only be a certain amount of % ex: 2-6 precent. and must be with the annual renewal of a lease.
On June 24, 2010, the NYC Rent Guidelines Board adopted renewal lease guidelines for rent stabilized apartments, lofts and hotels with lease effective dates between October 1, 2010 and September 30, 2011.
The site cover all the guidelines for all sorts of residences effected by this.
Since it began on Oct 2010, this is probably why they landlord is now bringing up the matter. With a new law like this, you really have to pay attention quickly so she doesn't lose her home.
A local senior citizen committee should also have the specifics on this law if you have any additional questions without wanting to pay for attorney time. (She SHOULD qualify for free legal though.)
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