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Old 05-10-2011, 06:25 PM
 
3 posts, read 3,630 times
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My name is Amalfi. I have been lucky and living in a rent stabilized apartment since the 70's. My name is on the original lease. I have had no new renewal leases in the past 15 years and have been paying the same rent every month. My Landlord cashes the checks. No problem there. I just received a call from my Landlord's son saying he wants to give me a new lease of course with a big increase. Does anyone know the amount he is legally allowed to increase me since I haven't had a new renewal in so many years? He can't retro all the years he didn't collect an increase because he was too lazy to give me a renewal lease, can he? I just pay the same rent every month on time. I also have had no work done - no painting (original paint is probably lead anyway), old rotting floors, broken screens, the place is very old, run-down and un-modernized. I don't object to signing a new 2 year lease with an increase except I don't know realistically what he is allowed to charge me since I've never receive any notices from any agency regarding this; and I would bet he had not registered with the agency.Can anyone offer some Legal advice or is knowledgeable as to how much he can possibly increase me under rent stablization rules/guidelines?
Thanks.
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Old 05-10-2011, 06:43 PM
 
979 posts, read 4,117,766 times
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First things first. to check on registration and possible legal rent:
NYC Rent Guidelines Board
The repairs are somewhat separate unless your claiming a constructive eviction but you actually have to vacate but with notice given to the LL explaining why and evidence that he has ignored and not repaired in a timely manner. sounds like you've not done that and just compensated by paying cheap rent.
To answer your question. I don't know what rent he could charge you. there are penalties for not registering the apartment, Possibly someone at DHCR has a little time to research this.
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Old 05-10-2011, 06:49 PM
 
979 posts, read 4,117,766 times
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What you describe as run down might not come to the level of warrant of habitability issues (legally allowing tenant to withhold or pay a lessor rent) but are simply de minimus conditions.
NYC Rent Guidelines Board
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Old 05-10-2011, 06:54 PM
 
Location: Beautiful Pelham Parkway,The Bronx
8,845 posts, read 21,457,977 times
Reputation: 6917
What kind of building do you live in ? An apartment building or multifamily house ? How many other tenants( apartments) are there in the building ?
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Old 05-10-2011, 07:13 PM
 
3 posts, read 3,630 times
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Default bluedog2

I live in a 20 family apartment building.
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Old 05-10-2011, 09:27 PM
 
979 posts, read 4,117,766 times
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You should talk to your neighbors. Surely you're not the only one in this predicament. Pooling your financial resources to talk to a tenant lawyer will give much more credibility to you when or if you decide to negotiate. Landlords can pretty much depend on the fact that tenants rarely band together in situations like this. You're entitled to a decent place to live and he's entitled to a decent return on his property.
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Old 05-11-2011, 08:08 AM
 
Location: Manhattan
22,993 posts, read 30,999,745 times
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Amalfi,

Something smells fishy. It is a very rare landlord who would not have given you an allowable rent increase for the last 15 years. Why do you think he did that?

Since you are now a legal month-to-month tenant, you are bound by the terms of the old lease and there is no need to accept a new one and certainly, from your situation, no financial reason.

No, a landlord cannot go back a decade and play catch-up to reclaim increases he had not sought in the past. Thus the current increases are in effect: I believe 2.25% for a one year "lease" and 4.50% for a two, if I'm wrong, I'm close. (I feel taking the 2 year term is a better option given increasing inflation and landlords seeeking a greater increase this October.)


Sounds like a good time to talk to you neighbors and organize a tenants' organization. There's strength in numbers.
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Old 05-11-2011, 09:02 AM
 
3 posts, read 3,630 times
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Wink Kefir King

KK: It's not a true "fishy matter." My Landlord has always liked me, we have always gotten along and I have never bounced a check and paid my rent timely for over 25 years. He admitted to me he was just too lazy to file the papers and write out a new lease. Now that he has adult kids, his Son is the one that contacted me - I believe you are right; although I am also not an Attorney I don't believe he can just arbitrarily increase the rent by any amount he feels like as well as going back in time to all the the years he did not increase or file papers with DCHR. I will contact them anyway. Thanks for the advice. Amalfi
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Old 05-11-2011, 11:21 AM
 
646 posts, read 2,316,849 times
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The above is correct the current renewal is at 2.25%. I agree that should be the most he should legally can do on a new renewal.
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Old 05-11-2011, 12:17 PM
 
Location: No Sleep Til Brooklyn
1,410 posts, read 4,911,810 times
Reputation: 608
Good luck! I agree that the situation is not fishy. I once had one of those old-school landlords who liked me. When she died, her daughter couldn't be bothered to deal with all of the paperwork and wouldn't take my rent checks for a year while she waited to sell the building.
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