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Posted by TenantNet on April 19, 1998 at 18:53:47:

In Reply to: write-ins on leases posted by Jeannette on April 02, 1998 at 17:43:21:

: ? - I'm not sure exactly what my landlord was doing, but I believe my apartment building is rent-stabilized at the moment. However, he wrote in on the lease and had me initial this clause: "This apartment is not rent-stabilized. It is free-market." How legal is this? I know that he applied for exemption from rent-stabilization status. If he has been refused, how do you suggest I negotiate during a renewal of my lease?

RS status is a matter of law and not what you and the owner agree to. Indeed, the RS law prohibits your waiving your rights. On the other hand you should find out from DCHR on what basis he's claiming it is (or will be) exempt, and then fight it if possible.

: Also, I'm sure it's too late now, but back in the winter, the boiler in our building exploded, leaving the whole building without heat or hot water for over a week. Needless to say, my apartment was uninhabitable for that period of time. Would it have been legal for me to deduct a proportionate amount from my rent? Also, my landlord had a write-in section at the end of the lease stating: "Tenant can not reduce any part of rent for repair bill or damages."

He may be referring to "repair and deduct" where you do the repairs. But you can certainly seek an abatement by withholding rent and seeing if the court would agree to it.

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Comments:
: : ? - I'm not sure exactly what my landlord was doing, but I believe my apartment building is rent-stabilized at the moment.  However, he wrote in on the lease and had me initial this clause: "This apartment is not rent-stabilized.  It is free-market."  How legal is this?  I know that he applied for exemption from rent-stabilization status.  If he has been refused, how do you suggest I negotiate during a renewal of my lease?  

: RS status is a matter of law and not what you and the owner agree to. Indeed, the RS law prohibits your waiving your rights. On the other hand you should find out from DCHR on what basis he's claiming it is (or will be) exempt, and then fight it if possible.

: : Also, I'm sure it's too late now, but back in the winter, the boiler in our building exploded, leaving the whole building without heat or hot water for over a week.  Needless to say, my apartment was uninhabitable for that period of time.  Would it have been legal for me to deduct a proportionate amount from my rent?  Also, my landlord had a write-in section at the end of the lease stating: "Tenant can not reduce any part of rent for repair bill or damages."

: He may be referring to "repair and deduct" where you do the repairs. But you can certainly seek an abatement by withholding rent and seeing if the court would agree to it.


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