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Denial of Basement to change Fuses?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Denial of Basement to change Fuses?

Postby brooklynstabilized » Sat Jul 30, 2016 1:07 pm

Hi Guys,

So basically our Landlord signed the building over to his son for $10.00, and the son created an LLC as the property owner (I know this because I looked it up online). He's been putting letters on our doors, and mailing them to us under the LLC name, not his. He's been harassing us for quite some time even before the building was signed over to him. He recently left all tenants a letter on the door that stated we can't enter the basement to make "repairs". This is a huge issue. We're rent stabilized, and the building wiring is very old and constantly blows the fuse. The fuse boxes are in the basement. The tenants believe he's trying to bait us into going down there to kick us out. None of this was in our lease. He also sent us a letter saying that we must remove personal belongings from the basement and/or hallways by August 5th and if we don't we're liable for a $50.00 charge for "waste removal". This is also not on the lease. They're being very petty especially after they've been harassing stabilized tenants telling us that we're living here too long and we should move. Is the landlord or "LLC" owner allowed to do this now? We never received new leases. Our leases are good until 2017. Thanks.
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Re: Denial of Basement to change Fuses?

Postby TenantNet » Sat Jul 30, 2016 1:17 pm

First, a LLC might be a good thing as the LL or his son then cannot use owner occupancy to get anyone out.

What size is the building? How many units? Is there a super on-site or nearby? Look at the Housing Maintenance Code for the super requirements.

It's the LL's obligation to make repairs, not the tenants. In fact, you run the danger of waiving your rights to demand repairs if you do them. I know it's quicker if you do it, but I would demand the super be on duty.

On the storage, if you're rent stab you might have a right for tenant storage in the building. I would ASAP go down there and take many photos of the areas where tenant storage is - if it's a defined room or cubicle. He might have a point about items left in or blocking the hallways. I would make sure the are is clean and well-sorted, nothing where the FDNY could claim there's a violation.

Defending on the facts, DHCR has in the past ruled for tenants on access to storage areas.

I do not think the $50 charge is legal, but you should look at the right to storage.

Sounds like it's time you formed a tenant association and got educated on the RS law.
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Re: Denial of Basement to change Fuses?

Postby brooklynstabilized » Sat Jul 30, 2016 1:44 pm

Thank you for the fast reply. Yes we've already formed a tenant association. We already attended a few meetings. We don't have anything in the hallway so that's not an issue for us. But I did bring to his attention that when he was renovating the apartment next door he blocked our entrance with a huge stove and cabinets for weeks. He said well that was for renovation. I informed him that it doesn't matter if it was renovation or not, it's still a fire hazard. I know this because I'm a registered fire guard. We should have reported him back then but his father never bothered us. He now wants to try to get rid of the RS tenants in the building so he's trying to find little loopholes. There is no super on site. He lives here but as i said he's not telling people he's the owner. He just posted a note saying the property has been sold and the new owner is the LLC name. He left an email for a contact. It's a 4 story 8 apartment RS building.
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Re: Denial of Basement to change Fuses?

Postby TenantNet » Sat Jul 30, 2016 5:44 pm

Look at the NYC Housing Maintenance Code at http://www1.nyc.gov/assets/buildings/pd ... ceCode.pdf

See page 28-29 (Chapter 13 Janitorial Services). If the owner lives on-site, that probably satisfies the requirement. And that means you can knock on his door at 2 AM when the fuse goes out.

You can get info on the LLC via the NYS Division of Corporations at
http://www.dos.ny.gov/corps/bus_entity_search.html
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