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Posted by Richard on July 07, 1998 at 11:28:01:

In Reply to: Re: Unreasonable increase in 19 day notice. posted by TenantNet on July 04, 1998 at 08:48:42:

: You indicated you were month-to-month, so apparently you are not rent
: stabilized, but if you are in NYS, you could, if the unit is pre-74 and
: six units or more, seek a status determination of regulatory status.

Be a little careful
: about countersuing as it appears all you want to do is get some time --
: you might get that by negotiating, or playing him with some promises
: that you are looking for the money. There's no need to start a war,
: just focus on the issue.

You are correct in that we are not rent-stabilized and the building is under 6 units. Money is really not a factor either. I paid the July rent and am intending to pay August rent. Except without the increase. This angers him and wants me out. My next step is to inform him of finding a space available only Sept. 1'st, and that going to court would be a waste of money and time. I will if he desires to sign a letter stating that I will be out at that date. My hope is that he does not remain irrational and continue with the Holdover petition. I'm looking for confirmation that the action I'm taking is the correct one. Another alternative is to offer to pay maybe a 15-20% increase opposed to his desired 45% increase. The latter position I'd rather not do for the sake of principle. What urks me is that I may have to just grin & bare it to avoid court hassles. Regarding countersuing- Should he remain irrational and take me to court - is it not true that I have no option but to countersue to have him pay for the court costs. I've done nothing wrong, how can I lose? please inform me of your thoughts.

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Comments:
: 
: : You indicated you were month-to-month, so apparently you are not rent
: : stabilized, but if you are in NYS, you could, if the unit is pre-74 and
: : six units or more, seek a status determination of regulatory status. 

:  Be a little careful 
: : about countersuing as it appears all you want to do is get some time -- 
: : you might get that by negotiating, or playing him with some promises 
: : that you are looking for the money. There's no need to start a war, 
: : just focus on the issue.

: You are correct in that we are not rent-stabilized and the building is under 6 units.  Money is really not a factor either.  I paid the July rent and am intending to pay August rent.  Except without the increase.  This angers him and wants me out.  My next step is to inform him of finding a space available only Sept. 1'st, and that going to court would be a waste of money and time.  I will if he desires to sign a letter stating that I will be out at that date.  My hope is that he does not remain irrational and continue with the Holdover petition.  I'm looking for confirmation that  the action I'm taking is the correct one.  Another alternative is to offer to pay maybe a 15-20% increase opposed to his desired 45% increase.  The latter position I'd rather not do for the sake of principle.  What urks me is that I may have to just grin & bare it to avoid court hassles.  Regarding countersuing- Should he remain irrational and take me to court - is it not true that I have no option but to countersue to have him pay for the court costs.  I've done nothing wrong, how can I lose?  please inform me of your thoughts.


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