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RS New Contract-Can I ask for only partial renovations?

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

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RS New Contract-Can I ask for only partial renovations?

Postby summer2345 » Sun Jun 04, 2017 10:48 pm

Any advice is appreciated!

I currently live in a rent-stabilized apartment in NYC. My roommates who are on the lease are moving out and this lease is almost up, so we have to sign a new lease with my name. However, this means that the landlord will renovate the (very old) apartment so they can significantly increase the rent.

(They renovated the apt next door to us, and raised the rent by over $600! We are students and can't afford such a major increase in rent, but have no choice but to sign a new contract since we can't renew).

Since my other roommate and I have been living here for 3 years already (but our names are not on the current lease, listed only as "roommates"), when this lease expires next month, is it possible to ask management to renovate *only* the broken creaky wooden floors and nothing else, so that they don't have to increase the rent by that much?

The floors have been a major problem and the neighbor complains about us walking even though we practically tip-toe since the floors are in such bad shape. We don't need new appliances or a completely renovated kitchen and bathroom like they did with the other apt, just for the floors to be re-done since they're in terrible shape and transmit the slightest noise and are really disrupting our lives. I assume management won't allow only partial renovations since they want to increase the rent as much as possible for the new lease :/ Is there any way I can convince them?

Thanks for your input!


---------------------------

follow up question:

Lease expiring and no response from Management?

My lease is up in 2 days, and I've been attempting to reach the management office of my building for 2 weeks and can't get anyone on the phone. I'm trying to ask them if I can stay an extra day since I'm basically clearing out a 3 bedroom on my own (everyone else left). There was extra rent on my account that could cover 5-6 days of rent, and I assumed it would save them the hassle of refunding me that money to just allow me to stay those days. The management company doesn't seem to care about anything as long as they're getting their rent. I've called dozens of times, and left many messages. The one time someone picked up, she seemed like I was annoying her and just said she'd get back to me tomorrow, presumably to get me off the phone. It has been a week and no one has called back despite my constant calls. I really just need 1 extra day since I get access to my new apartment on the 1st. Should I just stay that extra day and hand the Super the keys on the 1st after I'm done moving things to my new apartment?

I also need to ask them how the move-out process works. Do I need to be there while they inspect the apartment for damage for my security deposit? When do I get the deposit back? I already feel like they're going to give me a hard time about getting the deposit back since I can't seem to get in contact with anyone. I don't know what to do or how to get in contact with them. I would think about mailing them a letter but I don't want to cause issues because my past roommate who is on the lease sublet the apartment to me and moved out a year ago, and they don't know since I'm only listed as a "roommate" on the account so I don't feel like I have the right to be pushy with them. Any advice is appreciated!
Last edited by summer2345 on Sat Jul 29, 2017 3:53 pm, edited 1 time in total.
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Re: RS New Contract-Can I ask for only partial renovations?

Postby TenantNet » Mon Jun 05, 2017 7:28 am

Here's the problem. If two unrelated people are roommates in a RS unit, and the one on the lease leaves, if the other one wants to stay, the LL can treat it like a vacancy, giving it a vacancy increase and impose any improvements that will jack up the rent considerably.

For details, see page 6 of this fact sheet http://www.nyshcr.org/Rent/FactSheets/orafac26.pdf

This is not the case if both are on the lease and one lease-holder stays, or for succession situations. But adding a new person to the lease will create a vacancy.

In short, taking a person off the lease will not create a vacancy situation, but adding a person to the lease will.

The LL is not obligated to make all the improvements and you can negotiate, but good luck with that.
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Re: RS New Contract-Can I ask for only partial renovations?

Postby TenantNet » Thu Aug 03, 2017 4:44 am

We could have answered sooner, but

a) you first posted in the wrong forum and not as a follow-up to the original (this) thread, and

b) you edited your original post instead of posting a follow-up. We had no idea that you did that. We get email notices of new posts, but not edits.

I would just keep a record of when you called and their response, if any.

If you're still in possession after the lease officially expires, the LL can commence a holdover proceeding in Housing Court, but it will take several weeks for him to do that. It's not that easy. So if you plan on being there for only a few extra days, I would not worry. Just tell them you made attempts to contact them and they ignored you. In other words, if it were me, I would tell them to go away.

It might matter if you are/were the tenant of record, or not. You don't say so (that's why you need to post as a continuation of your previous thread). You don't say if you have a deposit or not.

I would conclude by not getting back to you they have, in essence, waived any right to object. But understand legal things like waiver and so on, really only become important if there's a court proceeding. I wouldn't worry about it now other than to keep good records. Take photos, Record conversations. Have witnesses. Ask the LL for a walk-through before you leave. On all these things, I would ask once and document it. You don't have to plead or ask many times.

I would NOT just hand the keys over to the super. This is how tenants get in trouble. Hand them to the Managing Agent or actual owner if possible, demand a receipt signed by them that they received the keys and possession as of date/time. Supers lie about these things and the LL can bring a case against you months or years later. I've seen that happen many times.

Process? You put your stuff in a box and carry it to the car, truck or whatever you're using to transport your stuff. Check the lease for any provisions. Newer leases might have days and times when they prohibit move-outs. They also might turn off the freight elevator if there is one. They might want to put up padding in the passenger elevator. They might insist you use a bonded mover. Usually with RS units, they can't enforce many of these provisions.

I would of course be mindful of your neighbors. Don't make too much noise and don't move out at 3 AM.
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