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Re: No written notice of lease renewal or rent increase

Posted by Mark Smith on September 25, 2000 at 10:46:00:

In Reply to: No written notice of lease renewal or rent increase posted by Bonnie on September 25, 2000 at 09:22:38:

Did you check with DHCR to determine whether your apartment is rent stabilized? An apartment in a walk-up building, with 16 apartments, with a toilet in the public hallway (and, probably, with a bathtub in the kitchen), and with a rent of $1,700 sounds like its rent stabilized.

When I checked for buildings with rent regulated apartments on TenantNet (http://tenant.net/DHCR/dhcraddr/rent.html), 177 Bleecker Street comes up.

Since time may be of the essence, you or your father should go to DHCR, with your lease and other proof of address, and get the rent history for your apartment.

It sounds like your apartment is rent stabilized and that you are probably being overcharged. You may be entitled to treble damages. If your apartment is rent stabilized, the landlady is entitled to only one month's security. You have given your landlady two months' security, although your landlady has called it one month's security and last month's rent.

In the unlikely event that your apartment is not rent stabilized, your landlady still has to give you 30-days' written notice of a month-to-month tenancy at a higher rent. You should be able to stay through October (26th?), which you have prepaid as your last month's rent.


:
: Hi, Here's the deal:
: 177 Bleecker Street
: Landlord is Mrs. Phyllis Andriani
: Rent $1700.00 (!!!)
: Not Rent controled or stabilized as far as I know (not so clear on what those are)
: 16 apts in building
: No idea when built ( walk up no elevator, single non-shared toilet in the hall)

: We have a written lease. It is in my fathers name ( even though I am 27!!). It was signed by a notary public, she was adamant about that fact.
: Our lease expires on THIS Tues Sept 26 2000.

: Now to the nitty gritty
: Last sept (9/99) we gave her first, last, and security.
: A renewal lease was not mailed to either my father or myself.
: I called at the end of august 2000 and was told that she would have to increase the

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