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Posted by TenantNet on August 30, 1996 at 13:01:58:

In Reply to: Small Unit Rent Increase posted by Julian Henkin on August 30, 1996 at 04:24:51:

: Q: Is there a maximum he can increase the rent?
: Q: Is there a minimum notice of rental increase?
: Q: What happens if the lease expires, and there has been no change to the lease arrangement? Does the lease automatically evolve to a month-to-month arrangement vs. 1 yr?

In NYC if the building is new or substantial rehab since 1974, or
if it less than six units, it is not rent stabilized and therefore free-market.
The only exception is if there exists a J51 or 421a tax abatement which
brings the building into voluntary rent stabilziation inn exchange for
substantial tax abatements [this might now apply here given it's
small size]. Your only protection is you lease until it ends.
He can then raise it to whatever he wants and you can accept or reject it.
I believe that he would need to give you 30 days notice prior to the ending
of the lease [but check the language in the lease for conditions for renewal].
After that you become month-to-month tenant and I think the 30 days notice holds.
In any case he would still need to go to court if he hoped to evict you.

Follow Ups:

• Re: Small Unit Rent Increase Julian Henkin 9/06/96 (0)

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Comments:
: : Q: Is there a maximum he can increase the rent?
: : Q: Is there a minimum notice of rental increase?
: : Q: What happens if the lease expires, and there has been no change to the lease arrangement?  Does the lease automatically evolve to a month-to-month arrangement vs. 1 yr?

: In NYC if the building is new or substantial rehab since 1974, or
: if it less than six units, it is not rent stabilized and therefore free-market.
: The only exception is if there exists a J51 or 421a tax abatement which
: brings the building into voluntary rent stabilziation inn exchange for
: substantial tax abatements [this might now apply here given it's
: small size]. Your only protection is you lease until it ends.
: He can then raise it to whatever he wants and you can accept or reject it.
: I believe that he would need to give you 30 days notice prior to the ending
: of the lease [but check the language in the lease for conditions for renewal].
: After that you become month-to-month tenant and I think the 30 days notice holds.
: In any case he would still need to go to court if he hoped to evict you.


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