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.
The only people I know who live in RS apartments and have gotten new kitchens, or upgraded kitchens, have paid for it themselves (after presumably getting permission from the LL). I do have a friend who got some new floor tiles but I am not sure if she split it with the LL or if he paid for it entirely.
I hope you realize that any improvement done by the LL entitles him to charge you more rent on a monthly basis. You would know this if you read up on rent stabilization laws as I suggested. It's called an IAI, Individual Apartment Improvement, and the LL can pass on 1/40th of each improvement. Example: $40,000 of improvement equals $1000 extra per month that you would then have to pay, forever raising your monthly rent. About Rent Stabilization | Metropolitan Council on Housing
I am not sure how you are so sure that you are paying market rent for your apartment? It seems to me if you live in such a hellhole and you are paying market rent, that you would just move to a nice apartment that costs the same amount in your same neighborhood.
Most of the time tenants agree to live in substandard conditions, it's because their rent is really low compared to market rents in the area.
things dont always go by the letter of the law in Brooklyn. The LL tried to insist he doesnt know the condition he handed us the apartment in 20 years ago. How is that possible or legal? Is it not his responsibility to know the condition of his property when he rents it out? At the very least so he knows what to expect when the renter moves out?
Its posturing. Like I mentioned, his language and recent actions leads me to believe hes willing to work with me. I have yet to determine just how much hes willing to work though which is why I made the thread.
Like I said, I mentioned the floor thing to my super and he looked like I was crazy for even bringing up paying for something entirely by myself. I dont know about your friends but I cant afford to upgrade a home I dont own.
And I know we're paying market because I have friends in the building. We dont have time to look for a new place. The area is very convenient for shopping and traveling so we lived with what we have. despite it being a hellhole, I keep the hellhole very clean with a lot of effort.
The LL wouldnt renovate and blindside me with a raise in rent. He just wont renovate or will let me know how much more per month it would be to do so. Which we will discuss next time I'm at the office. i just wanted to hear suggestions on doing so but sounds like I'm alone with my circumstances
If your friends have been there a while it may be that they are stabilized too.
You might as well just post what you're paying in rent, along with the size of the apt. and the neighborhood- and the forum will let you know whether or not it's even worth bothering to fix the place up.
I dont need to know if its worth fixing, it is in my eyes and thats all that matters. I was looking for suggestions on doing it in a manner that benefits both the LL and I.
Our rent lines up with new tenants in the building, thats not an issue.
I was able to obtain the very last lease signed by my grandparents, in 2003. They never signed anything thereafter. We were informed of rent increases by mail and thats it. Does that mean ever since this lease I have in my hand expired, we've been on a month to month lease?
But he's been raising the rent at 2 year rates for rent stabilized apartments. Could he have potentially been signing my grandparents names on new lease papers? If yes, can he be in trouble for that?
if not then its a month to month lease ever since 2003. how often and by how much can LL's raise rents in RS apartments on month to month leases?
Heres another kicker: at the end of this old lease agreement from 2003, it says this apartment is not rent stabilized. But the lettering is totally different from the rest of the lease. different font and font size. Can he have taken advantage of our lack of knowledge and illegally added that? You dont need to tell me I should check if the apartment is actually RS, I will do that first thing Monday morning.
It sounds like in a lot of ways you're in a tenuous situation:
- It should be a rent regulated apartment, with you in succession. But if your grandparents didn't do the paperwork correctly (ie sign the renewal leases), you may have problems getting the lease in your name. In point of fact, he may be able to claim that since they didn't sign the renewal leases, they, and you, are month to month tenants, and try to evict you. You can always fight, and maybe win. But in doing so, you're rack up significant legal bills, and your name will get into the court records as having been taken to housing court. Companies collect these records and sell them in searchable form. Landlords routinely search these for anyone applying for an apartment, and also routinely reject applicants who have any housing court history, justified or not, successful or not. So if you want a new apartment at some point, you may have problems getting one.
- The LL has to maintain basic health and safety standards, as defined by the building code. If you feel you're apartment isn't up to these standards, you can call for an inspection. If the building inspector finds violations, he'll hit the LL with them. Then they will likely get fixed (or not depending on the level or recalcitrance of your LL.) But this doesn't apply to cosmetic issues. Old floors, old cabinets, old appliances (that work), etc., won't get violations. A standard lease calls for painting every three years, but that's it. The LL doesn't owe you more than that, and if you're a regulated tenant with a below market rent, he's not likely to do anything for you.
It sounds like in a lot of ways you're in a tenuous situation:
- It should be a rent regulated apartment, with you in succession. But if your grandparents didn't do the paperwork correctly (ie sign the renewal leases), you may have problems getting the lease in your name. In point of fact, he may be able to claim that since they didn't sign the renewal leases, they, and you, are month to month tenants, and try to evict you. You can always fight, and maybe win. But in doing so, you're rack up significant legal bills, and your name will get into the court records as having been taken to housing court. Companies collect these records and sell them in searchable form. Landlords routinely search these for anyone applying for an apartment, and also routinely reject applicants who have any housing court history, justified or not, successful or not. So if you want a new apartment at some point, you may have problems getting one.
- The LL has to maintain basic health and safety standards, as defined by the building code. If you feel you're apartment isn't up to these standards, you can call for an inspection. If the building inspector finds violations, he'll hit the LL with them. Then they will likely get fixed (or not depending on the level or recalcitrance of your LL.) But this doesn't apply to cosmetic issues. Old floors, old cabinets, old appliances (that work), etc., won't get violations. A standard lease calls for painting every three years, but that's it. The LL doesn't owe you more than that, and if you're a regulated tenant with a below market rent, he's not likely to do anything for you.
Concerning your first point:
whose responsibility is it to provide a lease agreement for signing, me or the landlord? he never asked us to sign anything in over 10 years. Two potential things could have been going on: hes signing our name for us. Or we're just month to month.
But I just read this:
"You may want to double-check with the NY State Division of Housing and Community Renewal (DHCR), the state agency which administers the rent laws, at 718-739-6400, to see if your apartment is rent stabilized. If you rent a stabilized unit, your landlord must offer you a lease. Your rent cannot increase until you receive a lease, and may only increase according to the annual rent guideline increases voted on by the Rent Guidelines Board. Information of rent increases can be found here."
It says your landlord must offer you a lease. He hasnt in over 10 years. But raised rent according to RS guidelines.
Again I need to find out immediately if the apartment is in fact RS in the first place but lets go under the assumption it is. Otherwise why would he raise rent based on RS guidelines??
I've personally never heard of a RS tenant or any tenant for that matter being entitled to an apt renovation.
You are entitled to have working appliances, heat, electricity...etc... and a new paint job every few years. But thats about it. The mold is definitely on the LL as well.
It does sound odd, if you're paying market rate why would you put up with such a horrible landlord and horrible apt for all these years? THat makes zero sense... what you're describing most people would move the second the lease was up, if not just break the lease all together and move.
Either way, you've been there a long time, and if you plan on staying a lot longer why not just invest some money and time and do some work on the apt? As long as you OK it with the super and LL he's not going to have a problem with it. You say you can't take the stuff with you, but really who takes a stove or fridge with them when they move unless they are super expensive? Just buy some decent used appliances off CL.
The landlord is under NO obligation to renovate your apartment especially if you're rent stabilized. If you do not like the unrenovated condition of your apartment, move to a renovated apartment. If you are already paying market rate rent for your unrenovated apartment, then there is no incentive for you to put up with these unrenovated conditions. Just move. If you are indeed paying market rent for the area, then finding another apartment with a similar price but renovated shouldn't be a problem. It will however be a problem if you're accustom to paying below market rent thinking what you're paying is market rate rent when in reality the market rate rent is higher.
The only people that have the nerve to complain about unrenovated rent stabilized apartment conditions are the old time tenants who pay $400 rent and have the balls to be demanding and request such upgrades ignoring the fact that their rent is dirt cheap. As the saying goes...you get what you pay for.
Last edited by allpro123; 02-14-2015 at 01:05 PM..
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.
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.
