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Old 01-15-2013, 01:23 PM
 
Location: NYC
1 posts, read 3,020 times
Reputation: 10

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Hi there,

My name is Yan. There is couple questions related to my 2013 lease renewal.
My sister and me were living in a rent-stabilized apartment in nyc for more than a decade now. Few years back, our old landlord sold the building we lived to a new landlord. And ever since then, our new landlord has been using different methods trying to move everyone out of the building. We surrendered this year in March. We moved to the next building that he owned, which I believed it’s also a rent-regulated building. We signed an agreement for the new apartment that the new lease should always follow the same term and rent (which we paid 741.98 for the old apt) as the old apartment. A month ago, we received the 2013 lease renewal form. It only stated the new legal rent $964.02 which I believed that's the rent the previous tenant paid. So we made complain to the landlord, kind enough, he resent us a new lease with a preferential rent stated on the new lease. So, here comes another question, for the guideline percentage of rent increase, it said 2% or $20, whichever is greater for one year renewal and 4% or $40, whichever is greater for 2 years renewal. Which one should we suppose to follow? I heard that if we are paying more than $500 rent per month, we should only be charged 2% or 4% instead of $20 or $40. Is that true? Or should we just sign the renewal form with $20 or $40 increase on top of our based rent? How can I argue that with my landlord?

There is another question. The old leases had always had only my sister's name on it. Even since we moved, the landlord agrees to add my name on the lease as well. So now, the new lease has both my sister’s name and me on it. To tell you the truth is, my sister moved out of the country and got married. Basically, just my bf and me living in the new apt now. Our landlord doesn't know that my sister is no longer live in the current apt. If he found out, does he has the right to kick us out or raise our rent based on my sister's situation? Can I also ask to remove her name from the lease? I also want to have a roommate, for my understanding, I can only charge 10% more from my current rent?
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Old 01-16-2013, 03:09 PM
 
15,488 posts, read 15,479,027 times
Reputation: 21801
Since I see you have no answers here, maybe you should call the rent stabilization office? Or you could try asking on the Housing forum on Craigslist.
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Old 01-16-2013, 05:03 PM
 
Location: NY,NY
2,896 posts, read 9,783,361 times
Reputation: 2074
Quote:
Originally Posted by dinner_nyc View Post
Hi there,

My name is Yan. There is couple questions related to my 2013 lease renewal.
My sister and me were living in a rent-stabilized apartment in nyc for more than a decade now. Few years back, our old landlord sold the building we lived to a new landlord. And ever since then, our new landlord has been using different methods trying to move everyone out of the building. We surrendered this year in March. We moved to the next building that he owned, which I believed it’s also a rent-regulated building. We signed an agreement for the new apartment that the new lease should always follow the same term and rent (which we paid 741.98 for the old apt) as the old apartment. A month ago, we received the 2013 lease renewal form. It only stated the new legal rent $964.02 which I believed that's the rent the previous tenant paid. So we made complain to the landlord, kind enough, he resent us a new lease with a preferential rent stated on the new lease. So, here comes another question, for the guideline percentage of rent increase, it said 2% or $20, whichever is greater for one year renewal and 4% or $40, whichever is greater for 2 years renewal. Which one should we suppose to follow? I heard that if we are paying more than $500 rent per month, we should only be charged 2% or 4% instead of $20 or $40. Is that true? Or should we just sign the renewal form with $20 or $40 increase on top of our based rent? How can I argue that with my landlord?

There is another question. The old leases had always had only my sister's name on it. Even since we moved, the landlord agrees to add my name on the lease as well. So now, the new lease has both my sister’s name and me on it. To tell you the truth is, my sister moved out of the country and got married. Basically, just my bf and me living in the new apt now. Our landlord doesn't know that my sister is no longer live in the current apt. If he found out, does he has the right to kick us out or raise our rent based on my sister's situation? Can I also ask to remove her name from the lease? I also want to have a roommate, for my understanding, I can only charge 10% more from my current rent?
Yours is a rather interesting case, from a number of perspectives.

First, why the F are you still WHINNING?! You've got a good rent in an apt, one presumes you are satisfied. Seems your LL is fairly reasonable, and the increase you speak of is what? $40??? I suggest you pay it, move on and be happy!

Being a PITA tenant, I don't think is a good idea in your circumstance! Seems like the LL has accommodated you and your requests. Why push it?

****

Now, to the interesting parts:

Soooo, you have a lease agreement which *ties* your rent to that of your previous apartment, correct???

I would LOVE to peruse the LANGUAGE in that contract. The language is ALL important! Your circumstance can make a *Litigator* smile!!!

If I am on the LL's side, I immediately see a few avenues for attack.

First, I find it very interesting that this LL whose focus, according to you, was in evicting tenants like yourself, entered into such an "agreement". To what benefit????!!

SECOND, yours is a rather interesting circumstance. Here a few questions I would ask if I were involved with litigating a case against you:

A) I would seek to argue that you forfeited your stabilized status by way of your *Agreement*.

B) that your present rent is, by agreement, tied to that of the previous apartment. Now what does that MEAN???

UNLESS the language in the new agreement is VERY*specific*, then a number of issues are in question. The most important of which is the question of what occurs, when and if, the previous apartment's rent comes to Market Rate?

If the agreement language is not specific in this regard, I would argue that so too does YOUR rent!!

For example, by making the "agreement" and moving you out of the apartment, the LL can then apply a strategy of making *improvements*, applying with the DHCR for rent increases due to capital improvements; then renting strictly to Transients, people who are likely to move in a year or two. At each vacancy, improvements and rent increase requests,, then rent to Transients again.

Depending on circumstances, within 5 years (maybe less), using such techniques, an apartment can be brought to market, and in the interim, he rent can be SUBSTATIALLY increased!

Now, here is the rub, in your case, and in regard to the "agreement" (as you state it) your rent should MIRROR your previuos apartment's rent.

Again, it all hinges upon the actual language.

****

Your *concern* it appears is with the legal rent of yor present apartment, BUT according to you and your agreement, your rent is that of your previous apartment.

Now, I wonder, do you have a *Lease* for the new apartment, IN ADDITION, to the "Agreement" binding your rent to the previous apartment?

If so, then the question is what are the *Terms* and language of this new lease?

ALSO, the question is WHICH agreement *supercedes* the other?? Specifically, in regard to your rent and tenant status.

There are other questions, such as WHAT is the *term* of your lease? Is it only the rent amount tied to the previous apartment; or, is your term also tied to that of the lease term of the previous apartment.

Also, linked to all te above, is your rent tied to the increases, due to capital improvements to the previous apartment? In other words, will you suffer increases w/o benefit of the improvements?

The language of the "agreement" should deal with all these questions and more; but if it doesn't, then it appears you may be open to all these vulnerabilities.

****

To any following this, this type of case is the sort that a Real Estate *Litigator* specilizes and handles, NOT a Landlord/Tenant attorney. It highlights the difference between the two types of attorneys. Litigating is a far more complicated issue. For most L&T attorneys this sort of litigation w/b above their heads.

This is not a case of signifcant monetary value, BUT it is the sort which a LL will hire a Litigator. For the long term value of removing a stabilized tenant will justify the cost, time and effort of Litigation (which is relatively expensive).

*****

NOW, to the issue of previous lease, the sister, the boyfriend and everything else!!

THIS only complicates the matter.

First and foremost is the question of the validity of the *new* lease with both your sister and you named as tenants.

As I questioned above, what is the validity of the new lease, in light of the "agreement"?

I see *arguments* for the lease to be found not valid. Possibly leaving your tenancy subject to the previous lease. If so, then, according to the previous lease (as you have stated), you are NOT a TENANT!!

According to you, your sister has long ago vacated, and you may have been illegally occupying the apartment.

The question and argument w/b that you are an illegal tenant, which invalidates the "agreement", and consequently you may be subject to eviction!!

****

The bottom line is you should never enter into such an "agreement" w/o the advise of competent counsel.


*****

Lastly, with regard to a "roommate".

The 10% increase is intended to cover any expenses or compensation due to SUBLETTING an apartment!!! For example, if you sublet the apartment fully furnished. You might wish to be compensated by the sublessor. Your "compensation" is limited to 10% of the rental amount.

In your case you are NOT "subletting"! You are seeking a *roommate*!! Big difference.

You are allowed a roommate, depending upon circumstances, but you are NOT allowed to PROFIT upon the LL's property!!!
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Old 01-17-2013, 01:26 PM
 
Location: Manhattan
25,346 posts, read 36,884,396 times
Reputation: 12749
I answered to this question already. Is this a duplicate, Yan? Or did I forget to hit POST?


Anyway, take the 2 year because this guy is trying to pull a fast one and move you up from whatever you are paying to $964.02 instead of the rent from your old apartment.
A 2 year lease will postpone the battle with this guy which seems inevitable and a 2 year lease that is precisely double the 1 year will not amount to much more money...a few bucks. Depends on next year's stabilized one year increase.
He's already tried to skrew you over with that first lease that is differed from what he agreed to so don't trust this weasel any farther than you can throw him.

Make a fuss sooner rather than later. It sounds like you new lease should read EXACTLY what the lease on the apartment you gave up did, from what you say was your agreement. First call DHCR and find out about that $964.02...it may be bogus.

Is the new apartment nicer? bigger?

How much is the "preferential rent."

Last edited by Kefir King; 01-17-2013 at 01:43 PM..
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