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Hi All, Our landlord decided not to renew our release, even though we have been paying our rent (and very high rent to boot). Per landlord it's because we have been unhappy tenants. After a conversation, it turns out what that means is they are pissed after a 311 complaint after three rat sightings (and one captured) in the apartment. Rental market is really tough right now and with kids a move is the last thing that we want to do. There is anti-retaliation protection in the code, but it can only used as defense upon eviction. Are there any options for us other than to pack our bags, pay new broker fees and movers?
U don't complaint right away
U need to talk to the landlord before calling 311
When u call 311, they need to clear the violation - probably spending $100+ for the pest control company. They need to obtain the certificates before housing dept clear them.
Talk to the landlord
Either pay a little more on rent
See if it is still less than a broke fee and mover
It's a normal apartment. The 311 was after a third sighting and they were not acting on it. Only after we took action did they send someone. The inspectors did come a couple of months later and notated that they found signs of rodents on the report.
It's a normal apartment. The 311 was after a third sighting and they were not acting on it. Only after we took action did they send someone. The inspectors did come a couple of months later and notated that they found signs of rodents on the report.
It might hep to make sure you have things in writing - calendar notations about everything, but also copies of written notifications of letters sent certified mail, return receipt.
But again, if you are in a market-rate unit you have no rights or protections whatsoever. All of the rights and protections belong to the landlord in question. S/he is not legally obligated to renew you even if this decision was reached using crystal ball technology. No reason needs to be given unless there was mention of something in the original lease regarding subsequent leases.
You should make sure that you are not living in a "deregulated" unit. Which can be investigated.
These usually go to "new" New Yorkers or non-Americans, neither of whom know better.
You could also call Met Council on Housing - while being sensitive to the fact that they are helping many people with big needs in regulated units. If you are in a market-rate unit, perhaps consulting a lawyer ...
Hi All, Our landlord decided not to renew our release, even though we have been paying our rent (and very high rent to boot). Per landlord it's because we have been unhappy tenants. After a conversation, it turns out what that means is they are pissed after a 311 complaint after three rat sightings (and one captured) in the apartment. Rental market is really tough right now and with kids a move is the last thing that we want to do. There is anti-retaliation protection in the code, but it can only used as defense upon eviction. Are there any options for us other than to pack our bags, pay new broker fees and movers?
Thanks all
All speculation. What proof do you have that it is retaliatory other than having a "gut feeling" which will not stand in court?
Actually, under NYS Real Property Law Section 223-b, an action by landlord within 6 months of an official complaint is presumed retaliatory. But then again, I am no lawyer.
Actually, under NYS Real Property Law Section 223-b, an action by landlord within 6 months of an official complaint is presumed retaliatory. But then again, I am no lawyer.
Yes, but it up to you to prove retaliation and you can't.
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