Lease renewal - can LL withdraw or raise the rent?

[NYLover]

I have been battling with the tenant right below my apartment(RS) due to noise issues for months.
I did everything I can so far except for complaining seriously to the LL. I mostly complained to the super. Because I was afraid that the LL will jack up the rent on the renewal lease.
(The current rent is below the legal rent)

Now I finally receive the renewal lease and I think it's time to get serious.
I really don't want to move out, I just want the noise level from downstairs to normal so I can study. But I don't see any way to resolve this issue without taking legal action.

I am paying this month in full and will send the detailed letter to the LL by certified mail.

My questions are:
(1) Can the LL withdraw or raise the rent on the renewal lease after he already issued it to me?

(2) What can I do in addition to the following that I am already doing?
- I call 311(website) and make the noise complaints
- I am making detailed log about the noise levels and hours and when I complained to the super.
- I've been recording his loud music playing with my phone.

(3) I called twice today but only got the machine so I left the message.
My plan is: first write a letter in details and ask him to take serious actions.
If the noise continues, I will warn the landlord I will withdraw my rent by paying only half staring next month.

If the LL takes me to court, how long will it take to resolve?


I have to concentrate and focus on my study but the guy downstairs play music really loud and vibrations through the floor is unbearable. And he play stop and go, stop and go fashion (the best way to kill the concentration) so when the police comes it's always in between music. And after the police went way, he always plays loud music for some time because he knows it will take some time for them to come again.

Please any input will be appreciate. thanks.

[TenantNet]

Once the LL offers a renewal with the preferential rent, he can't change it for this term, but the next time in 1 or 2 years he can change it then. Best to wait until you send the lease back in, and get a copy executed by the LL.

Are other tenants also affected y the noise? Better to complain in groups.

You can start a HP Action instead of withholding rent (it's really your choice). Both will likely get the LL pissed off, but you might get quicker action with a HP action. Of course that will depend on a HPD inspection, and that's real iffy in a situation like this. It would not surprise me that the LL will tell the tenant to be quiet when the inspection is scheduled, thereby denying you proof of the condition.

[NYLover]

Do you mean the LL can withdraw on the renewal?

How about the local community board? I found the following link:
http://www.tenant.net/Rights/Noise/noise1.html

will it be helpful if I complaint to the local community board?

[TenantNet]

Did I say the LL can withdraw the renewal? No, I didn't.