Rent Control advice

[Bey]

Hello all,
I'm hoping some of you can give me some tips. My parents have been living in a rent controlled apartment for over 31 years. I also live with them. Every landlord we have had has tried to get us out one way or another. The latest one has refused to take our rent for over a year and verbally harassed my parents (he never says a word to me). On one occasion, we had to call the police because he threatened to get a Russian gang after my father. That being said, you get an idea of what kind of person this LL is. We are the only rent controlled tenants living in the building. He collects cash only from the other tenants and never gives them a receipt. A majority are undocumented and fear him. I mail him our rent checks.
Anyhow, his latest stunt is that he wants to renovate the whole building and wants everyone out by a certain date. He is sending a second letter confirming this so that we can reserve our new apartment at a higher price of course. I consulted a neighborhood tenants activist group and they have been helpful but basically say "sit tight, don't sign anything, and don't move anywhere!!"
My questions are:
1)Are there any lawyers out there to help with this?
2)My parents are scared out of their minds that he might hurt them. Any tips on how to ease their anxiety?
3)We may realistically be the only ones left in the building come the summer. Can he force us out? Sue us? Do we have to sue him?
4)Has anyone had a positive outcome with a similar situation? My parents' English is limited so I have to do a majority of the running around.

Any advice??

[Sean Flaherty]

Your landlord sound like one awnry, crappy, ass-faced bastard.

I'm not a lawyer, and I'm only slightly familiar with the laws relating specifically to rent stabilized apartments, but this seems like a pretty clear case of harrassment.

While I'm fairly confident that rent control laws are likely to be tenant-friendly, the greatest concern appears to be the threats of violence. I presume that you haven't taken any legal action through any of the city agencies, the police, or a lawyer. Your landlord seems comfortable fuctioning well outside of the law.

I can only recommend that you document EVERYTHING, particularly his correspondence. You should be able to speak to any real estate lawyer for a brief consultation at a reasonable cost (if not pro bono). Additionally, in almost every community there is some kind of tenants' rights organization, where, on a weekly basis, they bring in a lawyer to discuss any and all real-estate issues.

Best of luck to you.

[Bey]

Thanks for your response. The neighborhood preservation corp in our neighborhood linked us to a tenant support group made up of other rent controlled and rent stabilized tenants that have their next meeting at the beginning of March. I guess that is the best way to deal with all of this drama...one day at a time. Again, thanks for your help!!
Regards~~Bey

[tiredsecy]

If you have to call cops, I hope you filed a report and kept a copy. Every time he harrasses like that, file a report and in detail report the incident. Once he has several things like that on record, and you've been dilgently paying the rent on time (keep records of that), he won't look so sympathetic in court. Don't argue with the fool. If he has to threaten to get bullies to throw you out, he's no more than a squeaky little wheel who needs to realize there are laws protecting you from someone like him. Document everything, and file complaints and call the inspector to make surprise visits on anything that is not up to code.

As far as protection and peace of mind, one has the cops. No one here's going to recommend you going to another group to have some peace of mind. Show you're not scared of his blowhard tactics by staying calm and focused and when you send the rent, you may want to start sending it certified or federal express and insist on a signature upon receipt in order for him to receive the rent envelope, just for your own records and peace of mind if he's holding back on cashing. He also can't say he "never got it" or "it got lost". You'll have legitimate proof he's lying.

I would also consider talking to an attorney. If the tenant rights group told you to sit tight, don't sign anything and don't move, then that's good advice too to also follow while you're filing paperwork with Housing and Preservation and getting the inspectors involved. More of a detailed papertrail to various organizations, the more unlikely he's going to keep pushing and most likely just sell the building to some other idiot. You've survived other landlords, so you know the game. Stay aware and document document document, keep good notes, with dates.

Has he applied to Housing Developement and Preservation (which he's supposed to do before doing the "renovations" and HD&P are supposed to send you a notice; if not, call them and find out if anything's been filed by the landlord - and have the name of landlord, the building i.d. number and address handy)? He's also supposed to apply for a permit(s) in order to get the renovation done too.

Find this stuff out. And if he's still creepy crawly, I'd go to the media with your detailed notes and proof. Landlords hate bad publicity.

[tiredsecy]

Sorry for long post. One more note, can you organize the tenants in your building to file against this creep? Just wondering. Because there's power in numbers and a united front from the tenants with a legitimate gripe and paperwork filed can be a powerful deterrant. If he's lax on learning rent control/rent stab. laws and wants to work around them, he's most likely missed on maintaining/upkeeping the building overall. So gather everyone in the building -- you may be rent controlled but everyone else may be rent stabilized, so you all have an interest.

And if the landlord tries to retailiate -- there are laws protecting you against that too. Start reading up on your rights as a rent controlled or rent stabilized tenant. Knowledge is power.

[MikeW]

If I remember correctly, the 1997 rent law changes included a strengthened anti-harassment provision. If the LL is threatening violence, it would definitely qualify.

Now the LL is not likely to be stupid enough to do this in writing or around witnesses. However, I would put a tape recorder on their phone line and get them a mini-recorder to use in any meetings they might have with the LL (surrepititiously, of course). If you can get him on tap threatening your parents, they're essentially untouchable.

Also, from a legal standpoint, it would be nearly impossible for him to get rid of your parents.

[Phil Cohen]

I don't understand the logic of him not taking your rent for a year, unless he is trying to build an eviction case.
In any event, you need a lawyer, not a tenant bulletin board.

[Bey]

Thanks to everyone for the great advice. To answer a few questions:

--Organizing the other tenants has been futile! We tried that before and they just wind up moving out because they fear the landlord. The dude has even threatened his own father, who lives in the apartment next door to us.

--I mail the rent checks out and get them back from the bank cancelled the next month, so everything is on the up and up there.

--He didn't take our rent for a year probably in the hopes that we would have spent it and could have evicted us. But we put all the money in a separate bank account and sent him a bank check when he started yelling that he wanted his money.

I've been reading up on info via this board and it's been helpful. Hopefully, things will be ok. Considering my father is a senior citizen and rent has always been paid, the LL won't have a valid reason to have us leave. He will just be really annoyed that he can't make the kind of renovations he wants.
Thanks so much everyone!!!!!!!!!~~Bey