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Rent Stabilized-Rent Payments

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

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Rent Stabilized-Rent Payments

Postby Mittie1111 » Thu Nov 03, 2022 5:21 am

Hello all! I am seeking advice as a rent stabilized tenant in NYC. Recently my fiancé and I made a 311 complaint in January 2022. Our lease was set to go into effect feb 1 2022. He was supposed to send us the renewal in Nov of 2021 but did not. Anyways because we made the 311 complaint for a progressive leak, he and his wife typed up a letter in January 2022 (a week after I made the complaint) saying they refuse to renew our lease for the year of 2022 and wanted us to move out by May 2022. In May of 2022, they sent a letter stating they will be refusing the rent. They also have harassed us plenty since the 311 call. They ended up taking us to housing court in October 2022 as a “holdover tenant.” The court attorney advised them and their lawyer that they had no legal rights to refuse to provide us with a lease renewal. They discontinued their case and were told they had to provide us with a lease renewal for the year of 2023. (FYI-our landlord is incredibly irresponsible and does not make any repairs/nor does he do anything the right way) We also found out we were overcharged in rent. We did file an overcharge complaint and received a docket number and will be proceeding to file other major complaints. (My fiancé has been here for 7-8 years, ive been here for about 2 years) The court attorney also advised us that he was legally not allowed to backdate the lease. I am just a bit unclear on what she meant. Because we were never offered a rent stabilized lease for 2022 (or any lease) and because the landlord refused our rent, is he still allowed to collect the rent from may 2022-August 2022 even if he refused the rent and never gave us a lease renewal? I’m unsure on what the details are in regards to backdating a lease in specific. HELP! Thank you,
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Re: Rent Stabilized-Rent Payments

Postby Mittie1111 » Thu Nov 03, 2022 5:23 am

He-meaning the landlord
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Re: Rent Stabilized-Rent Payments

Postby TenantNet » Thu Nov 03, 2022 5:32 am

Please send us the docket number of the court case (are there more than one?) and borough. We think the court attorney is correct, but would like to review the case documents. Do not post the docket on the public part of the forum, instead you can email it to tenant @ tenant.net. or use the Private Mail. Use the "PM" button on the left side of each post. We'll try to look at it later today or tomorrow.
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Re: Rent Stabilized-Rent Payments

Postby Mittie1111 » Thu Nov 03, 2022 5:47 am

Great. Ty! It is sent.
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Re: Rent Stabilized-Rent Payments

Postby TenantNet » Sat Nov 05, 2022 3:38 pm

OK, looking at your documents. This appears to be a holdover filed a few months ago, but since discontinued. LL initially filed petition as "self-represented." There was an appearance in October and the case was discontinued.

Petition and Notice of Termination state unit is rent stab and tenant took possession in first in 2019, ending 2020 (first year). LL says 2021 lease was never renewed (says nothing about whether it was offered). LL claims they will not accept any further renewal in 2022 or later. Clearly this violates rent stab. LL also seeks rent from May 2022.

Service might be defective as apparently served by the Managing Agent (and perhaps relative of owner). But this is probably a moot issue.

No indication that tenant filed an answer (they should have done that).

LL hires lawyer in October 2022. Within a week, the proceeding was discontinued (Notice of Discontinuance), without prejudice. It's not a stipulation as LL's attorney stated, respondent tenants "appeared but have not returned." Tenants did not sign the notice, and the notice does not appear to have been "so ordered" by a judge.

Aside from violating the RS law, this is clearly retaliation for filing a complaint (which should have been one of several items listed on an answer). Being RS, a renewal must be offered (another thing to put on an answer). You say nothing about the rent, but you should get a rent history from DHCR and examine that ... you might have cause for a rent overcharge (seems you've already done that).

If and when the LL does provide a renewal, be aware of the date of the offer and the dates of the term (what period it covers). Look very closely at the back of the RTP-8 form. https://hcr.ny.gov/system/files/documen ... llable.pdf

All RS renewals must be on this form, and you have the option of deciding which period it covers and which percentage increase you take.

The guidelines rate applicable for such lease shall be no greater than the rate in effect on the commencement date of the lease for which a timely offer should have been made, and the increased rental shall not begin before the first rent payment date occurring no less than 90 days after such offer is made.


The court attorney also advised us that he was legally not allowed to backdate the lease.


On backdating, I was wondering if she cited which case law or regulation, if any (even as part of an off-the-record conversation). We also believe a backdated lease is illegal, but also looking for successful arguments and citations on that. As you didn't have your own lawyer or file your own brief, and since there's no order from a judge, then all you had was a comment from the court attorney.

Now, some of this is confusing. You said, "My fiancé has been here for 7-8 years, I've been here for about 2 years. But the petition says your fiance is an undertenant" (an "undertenant" is often a roommate or sublet). If you're in the same apartment your fiance has been in for the 7-8 years, then that could change a bunch of things, including the rent.

"... is he still allowed to collect the rent from may 2022-August 2022 even if he refused the rent and never gave us a lease renewal?"

Perhaps. First the matter was discontinued "without prejudice," meaning they can come back and bring it again. There was no determination on the merits. As this was only a few weeks ago, they might be considering their next move.

They could bring a non-payment in court. Have you made payment for November? I would consider that as see their response to that. You might consider sending in the rent for May-October. Whatever you do, always keep any disputed rent in escrow and always use certified mail.

Discontinuing a holdover does not free you from any rent that might be owing. But if repairs are needed and not being made, document those carefully giving the LL notice and access. You could claim an abatement is warranted.

I would also file for ERAP if you haven't already. That might add another layer of protection.
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