Tenants' Right to organize

[RosalitaNYC]

I live in a 12 building development. There is an existing tenants association but some tenants formed a separate organization because we felt they did not represent us. Can management deem one group as the "official" tenant association? (Because that is what they do). They have also banned our group from fund raising for our legal fund in common areas. Is fund raising part of organizing, according to the law? Also management sent out a derogatory email about us to all tenants and posted it in lobbies. What are our rights in light of all of this? Thank you.

[TenantNet]

I assume you're documenting all this. Before I answer though, tell us what kind of buildings are these ... regular rent stab, SRO, NYCHA, Mitchell Lama, something other?

[RosalitaNYC]

It is Knickerbocker Village, in the 2 Bridges area of Manhattan. It is affordable housing under Article 4, aka limited dividend. I believe the only housing of this kind left in NYC.

[TenantNet]

Let me look at it ... today isn't good for me. I was confusing KV with Village View.

[TenantNet]

So I thought that KV was the same as Village View. Obviously not. Wikipedia says KV was the home of early tenant organizing, so there's a long history there.

I am not familiar with Art 4 limited dividend, but am I correct that it's still a rental complex and not a coop/condo? Are the tenants rent stab and subject to DHCR rules?

The reason why I ask is that in some rental schemes, i.e., NYCHA, there are HUD-approved tenant groups. Politically and legally, that can put sell-outs or shills in positions of power. We're seeing that now in various NYCHA developments. I've also seen in in some Mitchell Lama situations. Years ago the Manhattan Plaza complex sold out to Related (a huge developer/landlord) on a rent-increase scheme. That complex is a combination of Mitchell-Lama and Section 8.

When the pols control the tenant groups, there is no independence. And when the approved tenant groups are in the pockets of the landlords, that's a huge problem. (working with the pols is one thing, being controlled by them is something else)

As far as we know, tenants can organize a separate tenants association, but as you say, the owner will side with the group you feel is not representing you. Then it gets political.

We can't say if your complex has "official" tenant groups. You should look at the rules of the complex and any regulatory agreements. However, even if there is an official group, I would say it helps to keep organizing independently.

In our view, the state law gives tenants the right to organize. LLs cannot legally prevent you from organizing, meeting or raising money. You have the right to meet in common areas of the building. But you can't be a not-for-profit corporation offering tax deductions to those giving money unless incorporated as a not-for-profit with the state and getting a 501(c)(3) status with the IRS. Get legal advice on how to do that. Google Volunteer Lawyers.

I would search this forum and the web site on the right to organize. Usually the NYS Attorney General is supposed to help with that. See https://ag.ny.gov/sites/default/files/p ... lish_0.pdf

“No landlord shall interfere with the right of a tenant to form, join or participate in the
lawful activities of any group, committee or other organization formed to protect the
rights of tenants; nor shall any landlord harass, punish, penalize, diminish, or withhold
any right, benefit or privilege of a tenant under his tenancy for exercising such right.”

Also, “…meet without being required to pay a fee in any location on the landlord’s premises
including a community or social room where use is normally subject to a fee which is
devoted to the common use of all tenants in a peaceful manner, at reasonable hours
and without obstructing access to the premises or facilities. No landlord shall deny
such right.

If your council person is Cristopher Marte, call his office ASAP and have him come to one of your meetings. 212-587-3159

Many years ago, in a building owned by my landlord (on the EV, but not where I live), they were getting flak from the LL. They called me and Assemblywoman Deborah Glick. She showed up and the LL backed-off. You can call the press (if the LES has any press, I don't know). LLs don't want attention to what they are doing, so you can shed light on what is going on.

Make sure your group is organized, there is a bank account and someone designated at treasurer to account for all monies. Get an IRS Employers ID (EIN) even if you don't have employees. Get an attorney to represent the group. If low-income, you might be able to get free legal advice or representation. I say all this so you can stave off divisive attacks by the LL or his shills.

If you have detailed information with private information, send us email or use Private Mail "PM button." But don't post it publicly.

[RosalitaNYC]

Thank you for the info. We are a rental, not a coop. The DHCR is in control of some aspects but we do not get the regular rent stab increases. Under Art 4 the owner has to document the need to increase rents. We do not get regular yearly increases.
Based on the law, we plan to continue our activities in the common areas and will contemplate legal action if that is impeded.
Thank you again for the responses.

[RosalitaNYC]

Can you refer me to any journalistic or news reports on the HUD-approved tenants associations or TAs that are weaponized by the state and/or landlords? Because I think that is what is happening here. Thank you.