Hello, I have an ongoing problem with my landlord. I am a rent stabilized tenant who has shared the apartment with my brother since 2001. In 2007 I spent 6 months away traveling (it was still my primary address) and in early 2008 I moved out.
In Jan 2008 the landlord began a holdover case against us claiming an illegal sublet. There were three different cases brought to housing court.
The first two were thrown out because
#1 --the landlord failed to appear;
#2 --due to improper service;
#3 --went through a full trial which lasted 10 months. At the end, the judge ruled in our favor stating--there is NO illegal sublet, my brother proved he has rights to succession, and the landlord must give him a lease in his name.
It's now more than 5 months later and we still have yet to receive a lease. We have been withholding rent while we were in court, and continue to do so until we have a new lease.
The landlord refuses to communicate with us.
Last week we received a SEVEN DAY NOTICE, and this week a FIVE DAY NOTICE--both improperly served. In effect preparing for another housing court case--or at least the threat to do so. In these docs he is claiming we owe rent from May 09--which is true, however he has increased our rent as of August 09 by 8.5%.
According to rent guidelines documentation, rent stabilized increases for that time period of were 4.5% for one-year lease; 8.5% for a two-year lease.
Our previous lease renewal was a one-year lease. However the landlord has gone ahead and increased us as if we have a two-year lease. This brings us over $2000/month limit, which has bearing on the rent stabilization eligibility of the apartment.
At this point we still have NO LEASE. He is completely ignoring the housing court judgment.
This landlord has a long history of harassing tenants who don't cooperate with his greedy plans. He has made offers to drop all of these legal battles if we agree to a $600+ month rent increase with a non-regulated lease. He told us he would continue to "drag us into court" if we don't do it. Of course we said no. (I have a recording of this call.)
His cases have no merit. He is abusing the court system to harass and intimidate and exhaust his tenants into giving up their homes. (He is also doing this to at least one other person in the building that we know of.)
We are prepared to go to court again bc we are certain we will win especially with the previous judgment in our favor, and the fact that he has no honored it.
So now my question is this...how do you force a landlord honor a court judgment?
Please help.
Thanks,
gg