Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New York > New York City
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 02-13-2013, 09:50 AM
 
16 posts, read 56,132 times
Reputation: 12

Advertisements

Hello all! I would appreciate any insight on this matter. So, I've been living in a studio apartment that I love in Astoria for the past year, in a rent-stabilized building. The problem is, the management/landlord is the devil and I wouldn't put any retaliatory behavior past her.

I received my renewal lease form (RTP-8) a few weeks ago, and my preferential rent is going up by the standard 2% for a one-year renewal, which I'm happy about. The problem is, the RTP-8 she mailed me was also sent with many Riders (lead paint, fire acknowledgement, etc.). I am OK with signing the majority of them, except for a Rider which states that the bounced rent check fee is increasing from $50 to $75. I had already signed a Rider when I signed my initial lease a year ago that acknowledged a $50 bounced check fee. My question is, do I have to sign this new Rider that increases the fee to $75? I don't plan on bouncing a check, so it's not a huge deal, but why should I sign something "just because" when it's not in my favor?

My other concern with this is that if I don't sign the Rider, can she retaliate by changing my preferential rent to the legal regulated rent when it comes time for my lease renewal next year? When I signed my initial lease, the landlord had me sign the Preferential Rent Rider, stating that she could increase the rent to the legal regulated value. She did not, thankfully, on the RTP-8 that I received for this year's renewal. My question is, could she still increase my rent to the legal regulated value for the next lease renewal if she wanted to? Or does the Preferential Rent Rider that I signed last year expire upon this year's lease renewal? I just realized that she did not give me a copy of the Preferential Rent Rider that I signed last year, so I cannot confirm whether it stated it was for the duration of the lease term or my tenancy. Although I would like to consult it now, I don't want to ask her for a copy until I sign this RTP-8 because she may be reminded that I signed it and decide to send me a new RTP-8 with a higher rent amount for this year's lease renewal (again, this is COMPLETELY typical of her actions). Not to mention, she usually ignores my efforts at contacting her altogether.

Any advice? I sincerely appreciate your thoughts. Thank you everyone!!
Reply With Quote Quick reply to this message

 
Old 02-13-2013, 01:19 PM
 
393 posts, read 779,535 times
Reputation: 513
Quote:
Originally Posted by postnobills1 View Post
Hello all! I would appreciate any insight on this matter. So, I've been living in a studio apartment that I love in Astoria for the past year, in a rent-stabilized building. The problem is, the management/landlord is the devil and I wouldn't put any retaliatory behavior past her.

I received my renewal lease form (RTP-8) a few weeks ago, and my preferential rent is going up by the standard 2% for a one-year renewal, which I'm happy about. The problem is, the RTP-8 she mailed me was also sent with many Riders (lead paint, fire acknowledgement, etc.). I am OK with signing the majority of them, except for a Rider which states that the bounced rent check fee is increasing from $50 to $75. I had already signed a Rider when I signed my initial lease a year ago that acknowledged a $50 bounced check fee. My question is, do I have to sign this new Rider that increases the fee to $75? I don't plan on bouncing a check, so it's not a huge deal, but why should I sign something "just because" when it's not in my favor?

My other concern with this is that if I don't sign the Rider, can she retaliate by changing my preferential rent to the legal regulated rent when it comes time for my lease renewal next year? When I signed my initial lease, the landlord had me sign the Preferential Rent Rider, stating that she could increase the rent to the legal regulated value. She did not, thankfully, on the RTP-8 that I received for this year's renewal. My question is, could she still increase my rent to the legal regulated value for the next lease renewal if she wanted to? Or does the Preferential Rent Rider that I signed last year expire upon this year's lease renewal? I just realized that she did not give me a copy of the Preferential Rent Rider that I signed last year, so I cannot confirm whether it stated it was for the duration of the lease term or my tenancy. Although I would like to consult it now, I don't want to ask her for a copy until I sign this RTP-8 because she may be reminded that I signed it and decide to send me a new RTP-8 with a higher rent amount for this year's lease renewal (again, this is COMPLETELY typical of her actions). Not to mention, she usually ignores my efforts at contacting her altogether.

Any advice? I sincerely appreciate your thoughts. Thank you everyone!!
Has she already signed your new lease? If she did and you sign it and then call her to talk about the bounced check rider, then she can't send you a new lease. If I were in your position and didn't want to move, then I would just sign the rider. If you don't get your checks bounced, it doesn't matter. If she is as temperamental and vindictive as you say she is, it's not worth the fight.

Honestly, I HATE the preferential rent thing with a passion. It's a total scam. If your original lease says that you are getting a preferential rent, then yeah she can raise it to the "legal rent" at any lease renewal. Last time I moved I refused to look at apartments that came with preferential rent..some of them had a $500 discrepancy, so that leaves the landlord a huge window for rent increases on a rent stabilized apartment. I was moving from a building that was bought and the new owners sent us a 50% rent increase. There was no way that I was going to be put into that position again, which is exactly what you do by taking preferential rent. Next time you move, don't do it.

Try posting your question on the tenantnet forum...they have a rent stabilized section, you can get good advice there
Reply With Quote Quick reply to this message
 
Old 02-13-2013, 04:04 PM
 
Location: West Harlem
6,885 posts, read 9,880,121 times
Reputation: 3060
If I were you, I would find out the legal rent on the apartment.

Many of the "preferentials" reflect illegally raised rents.
Reply With Quote Quick reply to this message
 
Old 02-13-2013, 04:39 PM
 
Location: NY,NY
2,896 posts, read 9,775,763 times
Reputation: 2074
Quote:
Originally Posted by postnobills1 View Post
Hello all! I would appreciate any insight on this matter. So, I've been living in a studio apartment that I love in Astoria for the past year, in a rent-stabilized building. The problem is, the management/landlord is the devil and I wouldn't put any retaliatory behavior past her.

I received my renewal lease form (RTP-8) a few weeks ago, and my preferential rent is going up by the standard 2% for a one-year renewal, which I'm happy about. The problem is, the RTP-8 she mailed me was also sent with many Riders (lead paint, fire acknowledgement, etc.). I am OK with signing the majority of them, except for a Rider which states that the bounced rent check fee is increasing from $50 to $75. I had already signed a Rider when I signed my initial lease a year ago that acknowledged a $50 bounced check fee. My question is, do I have to sign this new Rider that increases the fee to $75? I don't plan on bouncing a check, so it's not a huge deal, but why should I sign something "just because" when it's not in my favor?
You are being ridiculously silly, and letting ignorance rule!

The Rider is simply to announce the increase in late fee, and to insure, by your signature, that you have been informed, and are aware. It is simply an acknowledgment! Nothing more nothing less. Your consent is not necessary in order for the fee to be increased! Sign it or not, the fee is now $75.

I presume that the lease must be rather simple, leaving such details to side agreements.

Quote:
My other concern with this is that if I don't sign the Rider, can she retaliate by changing my preferential rent to the legal regulated rent when it comes time for my lease renewal next year? When I signed my initial lease, the landlord had me sign the Preferential Rent Rider, stating that she could increase the rent to the legal regulated value. She did not, thankfully, on the RTP-8 that I received for this year's renewal. My question is, could she still increase my rent to the legal regulated value for the next lease renewal if she wanted to? Or does the Preferential Rent Rider that I signed last year expire upon this year's lease renewal? I just realized that she did not give me a copy of the Preferential Rent Rider that I signed last year, so I cannot confirm whether it stated it was for the duration of the lease term or my tenancy. Although I would like to consult it now, I don't want to ask her for a copy until I sign this RTP-8 because she may be reminded that I signed it and decide to send me a new RTP-8 with a higher rent amount for this year's lease renewal (again, this is COMPLETELY typical of her actions). Not to mention, she usually ignores my efforts at contacting her altogether.

Any advice? I sincerely appreciate your thoughts. Thank you everyone!!
There is NOTHING wrong with your LL's actions, but there is quite a bit of confusion with your thinking!

I strongly suggest you drop the *adversarial* attitude, as, given your comments above, there is no justification for your semi hostility!

Anyway, all of your thoughts stem from your own ignorance.

All of the "Riders" are simply 'Acknowledgments'! The purpose of which is simply to insure that you have been *directly* informed, and are aware. With your signature, you simply acknowledge whatever *fact* contained in the Rider(s). That's it!

The Preferential Rider (simply the title they chose to give it), informs you of the LEGAL rent, and the (referential) rent you are being charged. The preferential rent does not have an expiration, nor lease term. Your *agreement* is not necessary, nor needed.

I do not believe your LL is retalitory, it is in your mind; but, if you intend to be a PITA, then the LL has less incentive to treat you with a preference!

I strongly assume, that the information contained in the Rider(s) is simply info not contined within the lease agreement itself. So, it is added in the form of Riders. Simply a matter of preference in regard to the LL and/or its attorneys.

Btw, why don't you COPY your lease and riders, before signing and sending them in!?
Reply With Quote Quick reply to this message
 
Old 02-13-2013, 04:52 PM
 
Location: NY,NY
2,896 posts, read 9,775,763 times
Reputation: 2074
Quote:
Originally Posted by aptnyc View Post
Has she already signed your new lease? If she did and you sign it and then call her to talk about the bounced check rider, then she can't send you a new lease. If I were in your position and didn't want to move, then I would just sign the rider. If you don't get your checks bounced, it doesn't matter. If she is as temperamental and vindictive as you say she is, it's not worth the fight.


Quote:
Honestly, I HATE the preferential rent thing with a passion. It's a total scam. If your original lease says that you are getting a preferential rent, then yeah she can raise it to the "legal rent" at any lease renewal. Last time I moved I refused to look at apartments that came with preferential rent..some of them had a $500 discrepancy, so that leaves the landlord a huge window for rent increases on a rent stabilized apartment. I was moving from a building that was bought and the new owners sent us a 50% rent increase. There was no way that I was going to be put into that position again, which is exactly what you do by taking preferential rent. Next time you move, don't do it.
It is NOT a scam, in any way, shape nor form!

Yet, you are correct in suggesting that when renting, make yourself aware of the LEGAL rent. You are even more corrct, in choosing NOT to accept a rent you cannot afford!!

The rest of us can continue enjoying the "preferential" benefit bestowed on us by our LL!

One thing to note, if the LEGAL rent is greater than the MARKET rate, and you can afford market rent, then there is little concern, particularly, if you are paying market rent.

If you cannot afford market rate, then indeed, heed the poster's advice.

Frankly, I LOVE preferential rent!

Pay your rent on time, don't be a PITA, and the LL rewards you for being a *good* tenant; incents you to remain his tenant and not to move (which is the whole point!)!

Now, WHY would anyone "hate" that?
Reply With Quote Quick reply to this message
 
Old 02-13-2013, 05:10 PM
 
393 posts, read 779,535 times
Reputation: 513
Quote:
Originally Posted by jcoltrane View Post




It is NOT a scam, in any way, shape nor form!

Yet, you are correct in suggesting that when renting, make yourself aware of the LEGAL rent. You are even more corrct, in choosing NOT to accept a rent you cannot afford!!

The rest of us can continue enjoying the "preferential" benefit bestowed on us by our LL!

One thing to note, if the LEGAL rent is greater than the MARKET rate, and you can afford market rent, then there is little concern, particularly, if you are paying market rent.

If you cannot afford market rate, then indeed, heed the poster's advice.

Frankly, I LOVE preferential rent!

Pay your rent on time, don't be a PITA, and the LL rewards you for being a *good* tenant; incents you to remain his tenant and not to move (which is the whole point!)!

Now, WHY would anyone "hate" that?
Actually yes it is absolutely a scam and a loophole that landlors use to get around rent stabilization laws. If your landlord wants to reward you, how about giving 1 rent instead of 2? The preferential rent should be the only rent listed on your lease. Otherwise, there is no point to having a rent stabilized apartment. Landlords use preferential rents as a way to get people in because they know they can't get a higher rate for the apartment now but they want to have that window for a giant rent increase in the future. Best of bothw worlds. Especially true in a growing neighborhood like Astoria. If the apartment is being rented for 1,600 but has a legal rent of 2,000 (which like Harlem resident said is actually often illegal), then next year the landlord can completely bypass rs limits and instead of raising the rent by 2-5% jack it up by 25%. Same thing happens when the building is sold...you can 100% kiss your preferential rent good bye.

Paying market rate is one thing, but the rent increases in the city get ridiculous. You can't move every year. Brokers fees, moving fees, deposits, apartment hunting..it's too much. Preferential rent takes away that stability of knowing that you are safe from moving again in a year. The question really is why wouldn't you hate preferential rent?
Reply With Quote Quick reply to this message
 
Old 02-13-2013, 05:13 PM
 
Location: West Harlem
6,885 posts, read 9,880,121 times
Reputation: 3060
Quote:
Originally Posted by aptnyc View Post
Actually yes it is absolutely a scam and a loophole that landlors use to get around rent stabilization laws.
Yes, it is. That's why I gave the advice that I did.

I do not know that they are connected, exactly (i.e., "get around" and "preferential rent"), but I have noticed that the scam landlords have begun to do this.
Reply With Quote Quick reply to this message
 
Old 02-13-2013, 06:48 PM
 
24 posts, read 42,204 times
Reputation: 27
hey,

actually the advice above is wrong. stabilized apartments have to be renewed pursuant to the exact same terms (other than rent) as the original lease. i probably still wouldn't make a big deal about it unless you do bounce a check and are charged the fee. the higher fee won't be enforceable.

sounds like you're getting the legal rent, not the preferential one. if you were getting a lower rent, there's a place on the rtp-8 to indicate that "lower rent to be charged if any" or something like that.
Reply With Quote Quick reply to this message
 
Old 02-13-2013, 09:16 PM
 
2,517 posts, read 4,238,951 times
Reputation: 1948
Quote:
Originally Posted by Harlem resident View Post
Yes, it is. That's why I gave the advice that I did.

I do not know that they are connected, exactly (i.e., "get around" and "preferential rent"), but I have noticed that the scam landlords have begun to do this.
Preferential rent is NOT a scam. That's what ignorant PRO-TENANT/PRO-Rent Stabilization advocates rant about but have no merit. HArlem, you have no idea what you are talking about. Take it from a LL like myself..IT IS NOT A SCAM. 90% of my rent stabilized tenants in the Bronx have preferential rents. Why do they have preferential rents you ask? Well because the legal regulated rent for the apartments is HIGHER than the MARKET rent so therefore I give my tenants a "discounted" rent aka Preferential rent.

If I advertised those apartments with the higher legal regulated rent, no one will rent from me, the apartment remains vacant, and I loss money. Therefore I offer a discounted rent (Preferential rent) which is market rent for the area, allowing me to rent the apartment out. If the rental market in the Bronx heats up and the annual RGB percentage increase don't keep up with the red hot Bronx market, I have the ability to charge the NEW higher market rent value which can still be lower than the legal regulated rent but higher than the RGB increases which are all over the place and typically on the low side like this year's percentages of 2% for a 1 year and 4% for a 2 year.

Without preferential rents, LLs would waive their legal right to collect the higher rent if market conditions improve more than the RGB percentages. But of coarse you PRO-Tenant advocates would LOVE to see LLs lose those preferential rent rights along with the other rights LLs have lose and been striped away from ever since the existance of Rent Stabilization. PRO-Rent Stabilization advocates' focal rant is about LLs being greedy but the real GREEDY people are the PRO-Rent Stabilization people. You people are the REAL greedy people! Gimme gimme gimme!!! You people pasted laws to give you SUCCESSION rights to your RS/RC apartments as if the apartment was part of your ESTATE yet the LL is the property owner. You passed laws to give you AUTOMATIC LEASE RENEWALS or aka a FOREVER LEASE. You passed laws that limit the rent increase to the apartment for individual improvements...the list goes on. If that wasn't enough, now you want to take away yet another right of preferential rent. FOH!!!
Reply With Quote Quick reply to this message
 
Old 02-14-2013, 10:36 AM
 
393 posts, read 779,535 times
Reputation: 513
Quote:
Originally Posted by hilltopjay View Post
Preferential rent is NOT a scam. That's what ignorant PRO-TENANT/PRO-Rent Stabilization advocates rant about but have no merit. HArlem, you have no idea what you are talking about. Take it from a LL like myself..IT IS NOT A SCAM. 90% of my rent stabilized tenants in the Bronx have preferential rents. Why do they have preferential rents you ask? Well because the legal regulated rent for the apartments is HIGHER than the MARKET rent so therefore I give my tenants a "discounted" rent aka Preferential rent.

If I advertised those apartments with the higher legal regulated rent, no one will rent from me, the apartment remains vacant, and I loss money. Therefore I offer a discounted rent (Preferential rent) which is market rent for the area, allowing me to rent the apartment out. If the rental market in the Bronx heats up and the annual RGB percentage increase don't keep up with the red hot Bronx market, I have the ability to charge the NEW higher market rent value which can still be lower than the legal regulated rent but higher than the RGB increases which are all over the place and typically on the low side like this year's percentages of 2% for a 1 year and 4% for a 2 year.

Without preferential rents, LLs would waive their legal right to collect the higher rent if market conditions improve more than the RGB percentages. But of coarse you PRO-Tenant advocates would LOVE to see LLs lose those preferential rent rights along with the other rights LLs have lose and been striped away from ever since the existance of Rent Stabilization. PRO-Rent Stabilization advocates' focal rant is about LLs being greedy but the real GREEDY people are the PRO-Rent Stabilization people. You people are the REAL greedy people! Gimme gimme gimme!!! You people pasted laws to give you SUCCESSION rights to your RS/RC apartments as if the apartment was part of your ESTATE yet the LL is the property owner. You passed laws to give you AUTOMATIC LEASE RENEWALS or aka a FOREVER LEASE. You passed laws that limit the rent increase to the apartment for individual improvements...the list goes on. If that wasn't enough, now you want to take away yet another right of preferential rent. FOH!!!
HAHAHA..yeah ok tenants are the greedy ones? What a joke. Most peope in rent stabilized apartments already pay market rate rents. With preferential rents, you want it both ways...get a good tenant in now but still have access to ridiculous rent increases if the rents go up in the neighborhood. Since you can't charge the amount of the preferential rent..guess what? It shouldn't be on the lease. What you can charge right now is the market rent period end of story. You are so angry about tenant rights, seriously why don't you do something else with your life instead of looking for loopholes you can exploit when your ghetto hood finally starts to gentrify
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:



Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New York > New York City
Similar Threads
View detailed profiles of:

All times are GMT -6. The time now is 08:27 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top