MCI rent increase- East Harlem (New York, York: apartments, rental, buying)

[Jenny1705]

Currently residing in a rent stabilized Manhattan apartment with about 13 other tenants. So far 3 of the tenants have been "bought out" by the landlord. The landlord is doing anything possible to increase the rent of the remaining tenants so he has put in a work order to have each of the windows in our apartments replaced which of course will result in a rent increase.

I have been doing a lot of online research but wondering if anyone is or has gone through this and if they can give any advice/ information. I know we will have to respond the rent increase notice in writing but wondering if this has ever been successful for any out there?...

[pierrepont7731]

Originally Posted by Jenny1705

Currently residing in a rent stabilized Manhattan apartment with about 13 other tenants. So far 3 of the tenants have been "bought out" by the landlord. The landlord is doing anything possible to increase the rent of the remaining tenants so he has put in a work order to have each of the windows in our apartments replaced which of course will result in a rent increase.

I have been doing a lot of online research but wondering if anyone is or has gone through this and if they can give any advice/ information. I know we will have to respond the rent increase notice in writing but wondering if this has ever been successful for any out there?...

When in a rent stabilized apartment, landlord has to show a certain amount of work done in order to justify the rent. This NYTimes article should help as to how to proceed:

"The rent for regulated apartments can only be increased a certain amount every year. They are the city’s largest affordable-housing program — making them one of the only ways that many people can afford to live in New York City these days. Roughly 1 million apartments, or almost half the city’s rental stock, are supposed to be regulated.

Landlords are allowed to pass on the cost of renovations, such as redoing a bathroom or buying a new stove, to new tenants through rent increases. They are not allowed to increase the rent for normal maintenance, like painting an apartment, or for repairs.

A tenant must know to ask for his or her rental history to see what a landlord claims; otherwise, rent histories are not public record. But the state’s Division of Housing and Community Renewal, which oversees rent-regulated apartments, only asks for proof of improvements if tenants complain. Otherwise, the state just takes a landlord’s word for what was done."

https://www.nytimes.com/2017/07/25/n...suit-says.html

Am advising you to read the *entire thing*!

[Jenny1705]

Thank you. I have read the entire article. I have actually been doing a lot of researching/ reading on this particular issue. I wonder what is the success rate with winning MCI cases either through DHCR or the Supreme Court.

[MC305]

Here's a thread from last year where some people shared their experiences.

//www.city-data.com/forum/new-y...plication.html

Also, here's a fact sheet from the NYC Rent Guidelines Board: http://www.nyshcr.org/Rent/FactSheets/orafac24.pdf

[Jenny1705]

Thank you!

I was informed by the previous landlord that he replaced the windows and doors in each tenant's apartment. I have looked online for the permit but am unable to locate it as it was perhaps 15 years ago. The previous landlord did say that he will write a letter to submit as evidence that work on the windows was previously done and that the windows are less than halfway through their “useful life” of 25 to 30 years. Do you think DHCR will take this letter into consideration when determining if the rent should be increased??

I also wanted to hire an inspector to view the windows now and see if indeed the windows need to be replaced. I believe this will help our case as well.

Thoughts?...

[pierrepont7731]

Originally Posted by Jenny1705

Thank you!

I was informed by the previous landlord that he replaced the windows and doors in each tenant's apartment. I have looked online for the permit but am unable to locate it as it was perhaps 15 years ago. The previous landlord did say that he will write a letter to submit as evidence that work on the windows was previously done and that the windows are less than halfway through their “useful life” of 25 to 30 years. Do you think DHCR will take this letter into consideration when determining if the rent should be increased??

I also wanted to hire an inspector to view the windows now and see if indeed the windows need to be replaced. I believe this will help our case as well.

Thoughts?...

Should take your case to your local assemblyman and explain all of this. Call them in advance and have your lease in hand and any other pertinent information so it's all there for them to review. Am currently paying market rate rent, but did some digging and found out the building I reside in was under the 421-a program. Only question is has their participation in that program expired. If not then could be owed monies. Am thinking there is a statue of limitations, so don't sit around and wait. Act swiftly.

Can use this link below:

https://apps.hcr.ny.gov/BuildingSearch/

Was very helpful for me.

Thing is read legalize all day so am very familiar with the terminology and what the documents state, and have a friend who is a broker, so like to pretend to *feign ignorance or whatever* but will file an anonymous request with DHCR and see what pops up. Meanwhile, have a sweet deal in place either way. Negotiated to get the same grace period as before.

[Jenny1705]

Originally Posted by pierrepont7731

Should take your case to your local assemblyman and explain all of this. Call them in advance and have your lease in hand and any other pertinent information so it's all there for them to review. Am currently paying market rate rent, but did some digging and found out the building I reside in was under the 421-a program. Only question is has their participation in that program expired. If not then could be owed monies. Am thinking there is a statue of limitations, so don't sit around and wait. Act swiftly.

Can use this link below:

[url]https://apps.hcr.ny.gov/BuildingSearch/[/url]

Was very helpful for me.

Thing is read legalize all day so am very familiar with the terminology and what the documents state, and have a friend who is a broker, so like to pretend to *feign ignorance or whatever* but will file an anonymous request with DHCR and see what pops up. Meanwhile, have a sweet deal in place either way. Negotiated to get the same grace period as before.

Thank you so much for this information!

[MC305]

Originally Posted by Jenny1705

Thank you!

I was informed by the previous landlord that he replaced the windows and doors in each tenant's apartment. I have looked online for the permit but am unable to locate it as it was perhaps 15 years ago. The previous landlord did say that he will write a letter to submit as evidence that work on the windows was previously done and that the windows are less than halfway through their “useful life” of 25 to 30 years. Do you think DHCR will take this letter into consideration when determining if the rent should be increased??

I also wanted to hire an inspector to view the windows now and see if indeed the windows need to be replaced. I believe this will help our case as well.

Thoughts?...

I don't have personal experience with MCI increases but I'm not sure you can do anything until after the work is done and the landlord files an application for an MCI increase. But I guess it doesn't hurt to gather evidence in the meantime?

Better bet is to talk to an expert on this. I suggest contacting the Met Council (a tenant advocacy group) with your questions: Metropolitan Council on Housing | New York City tenants' rights education and organizing