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The problem in here is you signed the rider that lets your LL increased your rent from the based rent price.
Rider is everything in the lease it can override the original agreement. There is an example on how powerful the rider is...
We all know in the Rent Stabilized (RS) original agreement clause #9 that tenant can sublease/sublet their apartment. But if you get your RS apartment from the housing lottery, you must sign a couple of riders called: Attachment N-1 & Attachment N-2 that prohibited you, as a tenant, to sublease/sublet your RS unit & to make sure that this RS apartment is your primary residence & that you don't have any other property under your name within 100-mile radius of NYC.
You see, these riders seem contradict the original RS lease clause that saying tenant can sublease/sublet their RS apartment. But whatever written in those riders override this original clause so tenant can no longer be allowed to sublease/sublet their RS apartment & by tenant signed the riders, this means tenant understood & agreed.
Can tenant sue the LL for not honoring the original RS agreement clause? Definitely! Will they win? That's the question, because tenant signed the riders that override the original clause, this is proven tenant has to obey what's written in the rider.
Quote:
Originally Posted by marii212
Thank you so much, this is exactly my concern. I signed the rider with my lease because I wasn't aware of the regulations on preferential vs. legal rent at the time (and I didn't want to lose the apartment), even though it felt sort of shady. But now that I'm reading that increases should be based on preferential rent, I want to make sure I'm not being taken advantage of. Hoping to resign for a 2 year lease - if this goes through uncontested, my rent will go up ~$200 a month (which is not great in this economy and with my stagnant salary).
Yes, but in the case above, the rider about subletting is legal, as opposed to the rider that the OP's landlord inserted. Or, at least, I would be shocked if it had been approved by HPD.
I didn't oppose all you said to the OP, everything you said is right. The OP's case is very unfortunate but it has happened now so we can only see it from the evidence. The OP's LL definitely took advantage by asking their tenant to sign that rider. The rider is legally powerful, it can override things despite it's being used for positive or negative intention.
Quote:
Originally Posted by macnyc2003
Yes, but in the case above, the rider about subletting is legal, as opposed to the rider that the OP's landlord inserted. Or, at least, I would be shocked if it had been approved by HPD.
Yes, it's legal in terms of agreement (legally binding both sides) otherwise there is no need to produce any rider whatsoever. But about what's written in it whether it's legal or not, as I mentioned, both tenant & LL can always contest it!
Real Property Law § 235-c: If the court finds a lease or any lease clause to have been unconscionable at the time it was made, the court may refuse to enforce the lease or the clause in question.
Quote:
Originally Posted by macnyc2003
So you are basically saying that anything a landlord puts into a rider, and the tenant signs, is legal?
I just don't see how that's possible.
Last edited by someoneinqueens; 08-26-2022 at 04:03 PM..
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Marii212, I suggest you contact your City Councilor’s office and ask for guidance. They ought to be able to refer you to the relevant City or State office to see what policies apply to your circumstances.
If this OP currently lives on 379 Harman St. then I'm afraid they mislead us all with the information. I found the original advertisement of this housing lottery & for 1BR unit is $1999/mo at 130% AMI. Based on this, their LL is correct charging them $1999, they got $1899/mo was because of some discounted price in the first year of the initial lease.
Thank you. Too many people jump to conspiracy theories
Quote:
Originally Posted by someoneinqueens
If this OP currently lives on 379 Harman St. then I'm afraid they mislead us all with the information. I found the original advertisement of this housing lottery & for 1BR unit is $1999/mo at 130% AMI. Based on this, their LL is correct charging them $1999, they got $1899/mo was because of some discounted price in the first year of the initial lease.
If this OP currently lives on 379 Harman St. then I'm afraid they mislead us all with the information. I found the original advertisement of this housing lottery & for 1BR unit is $1999/mo at 130% AMI. Based on this, their LL is correct charging them $1999, they got $1899/mo was because of some discounted price in the first year of the initial lease.
I'm not trying to mislead you - I'm literally just trying to figure out if I am being taken advantage of by signing something that might not have been legal in the first place.
Again, when I applied for the unit ON HOUSING CONNECT, the unit was listed as $1,899. On Reside NY's WEBSITE, it is again listed at $1,899. I never saw any mention of $1,999 anywhere until I got my lease. I was also never told that the $1,899 was any sort of a discount or concession throughout the entire rental process - something that should have been mentioned by the agent. I only ever saw $1,999 in the rider I signed, and it was never explicitly made clear (even at this moment) that the lower rent was a discount or months free.
It is what it is, and I know I signed the rider to agree with these terms, but I'm just questioning it based on what I have learned about preferential rent from the Rent Guidelines Board. Just wanted to see if anyone else had experience with something like this or if I'm making a big deal out of nothing.
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