Posted by Israel on October 26, 1998 at 20:45:38:
In Reply to: Re: Illegal rent posted by Par on October 26, 1998 at 16:50:01:
The question now is how far do you want to take this? It is complicated. From your own research you discovered hidden things. I wasn't so lucky, from my experiance anything is subject to timing. The building I was living in was a three family house. The building was sold and the rent was raised. The only problem we had was we didn't know (see, heard of) the landlord. Different people and two different managing agents claimed to have authority for the building and like any tenant in any building I requested repairs for my apartment. Nothing...
It took court, trial and more court to figure out what was going on, and that was to collect the rent until the my lease ran out and kick up out. To charge more rent to new favorable tenants.
: : : No lease? Do you at least have the first lease given to you. If no, plan to move and quickly. A building with five apartments is considered a multiple dwelling, but not rent stablized. You can withhold rent and when you go to court for non-payment of rent show documantation (get it from HPD) that the building is not registered. Case will be dismissed.
: : : You have no rights without a lease. The reason... Even before you can claim repairs, rent overcharge or building registration you will receive a holdover for eviction and be out. This is a bad problem and it won't go away. plan to move and withhold your rent. Make them prove they are the owners.
: : Not so fast Israel. This may be a complicated situation, but it might be
: : able to be sorted out. If five units, then it most likely is not regulated,
: : but what if the Doctor's office is actually a residential unit? It might
: : qualify for rent regulation and there are cases on that. Some of the older
: : rent control units still apply in buildings of 3 or more units. (very few,
: : but some). WIthout a MDR (Multiple Dwelling Registration) from HPD, the
: : MDW (Multiple Dwelling Law) could preclude any collection of rent. There's
: : a variety of scenarios and we suggest this tenant do some research first
: : (more than she's done) and speak with a good tenant attorney.
: Thanks for the reply. Further research revealed buldgs. were one ( a dance hall), still share boiler, owner, gas meters, water meters etc. but in 1942 two c of o's were applied for (lot # has clearly been altered on one for 195 aka 61, but I guess no one paid attention back then). However, my bldg is still a three family. There are three apts here and have been for a minimum of 30 years. HPD was no help and insisted it is not a multiple dwelling because c of o from 1942 says it is a two-family with a store. I still can't understand why these people are paying the same $163 rent for as long as 50 years in some cases if these apts. are not rent controlled. And why am I paying so much more? Landlord admitted legal rent is $163, but I have no proof of this. Now they have removed water meters from bldg. exterior and painted exterior and put lights in the hallway. I know something is wrong here. I don't think I can get any more info because I have looked through bldg. folder which covers year 1894 until 1943. After 1943 there is nothing. I have decided to refuse them the rent increase of $100 and ask them what my rent should be etc. ( I will ask through their attorney) and see what happens from there. If you have any further tips, please let me know and I will let you know how this turns out.
: Thanks again
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