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Posted by Mark Smith on October 15, 2000 at 18:21:36:

In Reply to: Landlord harassment? posted by Susan on October 15, 2000 at 12:01:57:

It seems that the recreational use of the back yard is a service to which you are entitled under your lease. Unless there is a law or regulation that makes such use illegal, you should file a complaint with DHCR about the reduction in services. I just hope DHCR wouldn't consider this a de minimis reduction in services for which it would award no rent reduction nor order the landlord to restore the service.

Withholding your rent would probably not be advisable because a housing court judge would most likely not view this as a violation of the warranty of habitability, even though it's a reduction in service.

Your neighbor without a renewal lease could do nothing and continue to pay the old rent, or file a complaint with DHCR to compel the landlord to issue a renewal lease. No rent increase could legally be collected until the usual period after a renewal lease is executed.

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The infamous Richard (formerly loudrich) wrote:
:
: YUP the Landlord IS trying to force you out!
: So you might as well get used to it.....UNTILL we are in the next Recession!
: Do you have a door from your apartment to the back yard? or is it a communal door ? It is possible for them to restrict access to the yard if it is NOT a service....but then if ALL of you tenants had renters insurance.. It would make sense that you would be able to beat back any challege....
: And the other tenant MUST get a renewal lease she can sue the landlord too...preferably in Supreme Court....and the increase is what 4% for 1 year and 6% for a 2 year lease.....
: Now I hope you have been a good girl and have a couple of thousand dollars saved up for a lawyer....after all 31 years at such a cheap rent, there is no excuse for being broke.

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Comments:
: It seems that the recreational use of the back yard is a service to which you are entitled under your lease.  Unless there is a law or regulation that makes such use illegal, you should file a complaint with DHCR about the reduction in services.  I just hope DHCR wouldn't consider this a de minimis reduction in services for which it would award no rent reduction nor order the landlord to restore the service.  

: Withholding your rent would probably not be advisable because a housing court judge would most likely not view this as a violation of the warranty of habitability, even though it's a reduction in service.  

: Your neighbor without a renewal lease could do nothing and continue to pay the old rent, or file a complaint with DHCR to compel the landlord to issue a renewal lease.  No rent increase could legally be collected until the usual period after a renewal lease is executed.  

: ==============================================

: The infamous Richard (formerly loudrich) wrote:  
: :
: : YUP the Landlord IS trying to force you out!
: : So you might as well get used to it.....UNTILL we are in the next Recession!
: : Do you have a  door from your apartment to the back yard? or is it a communal door ?    It is possible for them to restrict access to the yard if it is NOT a service....but then  if ALL of you  tenants had renters insurance.. It would make sense that you would be able to beat back any challege....
: : And the other tenant MUST get a renewal lease  she can sue the landlord too...preferably in Supreme Court....and the increase is  what 4% for 1 year and 6% for a 2 year lease.....  
: : Now I hope you have been a good girl and have a couple of thousand dollars saved up for a lawyer....after all 31 years at such a cheap rent, there is no excuse for being broke. 


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