can a landlord do this?

[Brooklyn Babe]

I've heard of tenants having to move out for hazardous conditions, so the LL may repair. Not quite sure about "improvements". Do you have a lease or are you mth to mth? Stabilized or Private?
In the agreement that says he will pay living expenses, maybe you can negotiate no rent increase. Would'nt leave the premises without a written agreement...

[johndoe]

Whatever you do, don't move out. This just might allow the landlord to increase the rent under the 20% vacancy allowance. Then, on top of the 20% increase, the landlord can tack on 1/40 of the costs of the so-called "repairs" done to the apartment to the rent. These increases are allowed when tenants "move out." While ethically, you vacated the apartment on a temporary basis, technically, the landlord can claim that you have, in fact, really moved out. To reiterate the above posting, get everything in writing, i.e. date you will be allowed in the apartment, living expenses to be covered, the fact that this is temporary and not to be considered that you actually vacated the apartment by moving out, and, last but not least, have them put in writing what your rent will be after the renovations are done. Remember, you can't be forced to move out if you don't want to. Personally, if it were me, and I didn't have a problem living in the apartment the way it is now, I wouldn't move out at all.

<small>[ July 18, 2002, 03:46 PM: Message edited by: youraveragejoe ]</small>

[ChrisG]

i don't know that the LL is necessarily up to something here. maybe you should put together something in writing to lay out what the LL is doing to the space, how long it will take, how much he will cover for your living expenses, and what the situation will be when you return. i assume you have a lease, so assuming the renovation is finished before your lease runs out he won't charge you more. and if you have signed proof that you weren't really 'vacating' the place, then no one can claim the increase when you come back.

[Phil Cohen]

The LL is asking for a LOT from you. Moving is very very inconvenient. You have absolutely, positively NO obligation to agree to do this. What is he giving you in return?
At the very least he should give you the ironclad legal guarantees others have mentioned--that your lease is not lapsing and will remain in force, that you are not formally vacating the apartment, plus some other consideration, unless of course he is turning your apt. into a palace. And no, absolutely no increase in rent for the improvements.
In addition he should pay for moving expenses and additionally compensate you for the inconvenience, as well as guarantee that the temporary quarters will be as good as, if not better than, what you now have.