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Posted by Lilly on November 17, 2001 at 20:17:58:

In Reply to: Increase in rent retroactively posted by Joanna on November 17, 2001 at 07:44:49:

You have the defense of latches regarding LL demand for all the back rent. He can only go back so far. I think it may be only a few months.
Additionally, you are probably entitled to a rent abatement for the conditions that existed in your apartment, LL breached the warranty of habitability, so the abatement (rent reduction) would clearly offset any increase the LL might have been entitled to. And the new law he is referring to is only if you failed to sign a renewal lease or renewal leases when offered, but as I understand you, you were not offered any renewal leases despite your asking for them. SO there. Since you are rent stabilized you have statutory protections, but a lease is always better, and under RS you file with DHCR "Landlords failure to furnish tenant with renewal lease".
Get all your files from the lawyers office and go down to DHCR at Gertz Plaza. Speak with a case worker. Also, get a list of building code violations from HPD, specifically the ones in your apartment; HPD is at 100 Gold Street in lower manhattan.

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Comments:

: You have the defense of latches regarding LL demand for all the back rent. He can only go back so far. I think it may be only a few months.
: Additionally, you are probably entitled to a rent abatement for the conditions that existed in your apartment, LL breached the warranty of habitability, so the abatement (rent reduction) would clearly offset any increase the LL might have been entitled to.  And the new law he is referring to is only if you failed to sign a renewal lease or renewal leases when offered, but as I understand you, you were not offered any renewal leases despite your asking for them. SO there. Since you are rent stabilized you have statutory protections, but a lease is always better, and under RS you file with DHCR "Landlords failure to furnish tenant with renewal lease".
: Get all your files from the lawyers office and go down to DHCR at Gertz Plaza. Speak with a case worker. Also, get a list of building code violations from HPD, specifically the ones in your apartment; HPD is at 100 Gold Street in lower manhattan.


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