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Posted by   on December 05, 2000 at 15:24:48:

In Reply to: Re: Help! Notice of Non-Renewal/Ilegal Sublet posted by Jack on December 05, 2000 at 13:17:32:

The landlord doesn't have to give you a new lease. If he can evict the existing tenant, or if the existing tenant agrees to give up the apartment, the landlord can rent the apartment to anyone. If he gives you a new lease, there would be the advantage of not having any vacancy period for which he wasn't receiving rent.

It doesn't look like the apartment could legally go to market rate. If the apartment is rent stabilized and has received a vacancy increase in the last 8 years, there could be an 18% vacancy increase for a one-year lease or a 20% vacancy increase for a two-year lease. The 2% or 4% renewal increase isn't added to the vacancy increase. If there hasn't been a vacancy lease in the last 8 years, an additional 0.6% could be added for each year that there hasn't been a vacancy increase.

The landlord could get you or any new tenant to agree to a monthly increase of 1/40 of the cost of new appliances and other improvements to the apartment.

: :
: : 1) do we have a chance in hell of keeping
this place? We can pay some more rent, but not
another $1000.

: If it is stabilized and under $2000, it can
only increase by 24%: 18-20% vacancy allowance
plus 4-6% annual increase. It could increase
another 1/40 of all renovations done while the
apt is VACANT which could only happen if you
agree to move out then move back in.

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Comments:
: 
: The landlord doesn't have to give you a new lease.  If he can evict the existing tenant, or if the existing tenant agrees to give up the apartment, the landlord can rent the apartment to anyone.  If he gives you a new lease, there would be the advantage of not having any vacancy period for which he wasn't receiving rent.  

: It doesn't look like the apartment could legally go to market rate.  If the apartment is rent stabilized and has received a vacancy increase in the last 8 years, there could be an 18% vacancy increase for a one-year lease or a 20% vacancy increase for a two-year lease.  The 2% or 4% renewal increase isn't added to the vacancy increase.  If there hasn't been a vacancy lease in the last 8 years, an additional 0.6% could be added for each year that there hasn't been a vacancy increase.  

: The landlord could get you or any new tenant to agree to a monthly increase of 1/40 of the cost of new appliances and other improvements to the apartment.  

: : :
: : : 1) do we have a chance in hell of keeping 
: this place? We can pay some more rent, but not 
: another $1000.

: : If it is stabilized and under $2000, it can 
: only increase by 24%: 18-20% vacancy allowance 
: plus 4-6% annual increase.  It could increase 
: another 1/40 of all renovations done while the 
: apt is VACANT which could only happen if you 
: agree to move out then move back in.



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