Rent increase with no lease?

[Kelial]

Hi. In the further adventures of me and and the landlord, in Sept 2002, while FEMA was assisting me with the arrears, my ladnlord increased my rent 2% without a lease. At the end of last month, he gave a lease renewal form with the standard 2%/4% increases which will take effect in June. I am under the impression that a) the September incresae is illegal, as I had no lease, and live in a stabilized building, b) that they may have commited fraud (I can only hope) with the rent increase to gain more money from FEMA.

The question is: Was the Sept 2002 increase legal, and is the second increase in the lease legal, as it gives me two increases in less than a year despite what is on the lease as the start of the 2003-4/5 lease.

The Stabilization Board sorta hemmed and hawed around the question, and passed me off to another agency.

:confused:

[jot0n0]

If as of 9/02 you did not have a lease which you mentioned, “ladnlord increased my rent 2% without a lease”, you would be considered a month-to-month tenant and LL can raise your rent by first giving you 30 days notice. It’s not clear whether you had a rent stabilized lease prior to 9/02 and LL did not offer you a renewal lease at the time, which is illegal or if you never signed a lease before, then the June 2003 would be the initial lease. You may want to clarify your post.

[Kelial]

The landlord gave me no such notice, and the increase was on the 9/02 rent envelope, which was the first rent envelopeI had been given since my lease expired.

My lease was/is stablized and had expired 6/02. Between 10/01 and 6/02 there was never a demand for rent - I was given a lease renewal for 6/02-6/03, which I signed and returned and was greeted with an eviction attempt while I was awaiting FEMA's response.

[jot0n0]

If your lease expires on 6/30/02, then LL should have given you a renewal lease a minimum of 90 days earlier, approximately 4/1/02. In addition, LL had to give you a choice of either 1 or 2 year renewal and cannot force you to take 1 year lease unilaterally. Depending on when LL presented you with the renewal, the rent increase cannot take effect until after 90 days.

But since you already signed a 1 year lease renewal, you may be stuck. You also mentioned being arrears in rent, which may complicate this matter even further, giving LL ammunition to file for an eviction, which he did. I would advise you to contact DHCR and make an appointment to speak to a counselor to see what your options are.

Below is DHCR Factsheet #4 - Lease Renewal in Rent Stabilized Apartments which pertains to your situation. Good luck.

Tenants in rent stabilized apartments have the right to select a lease renewal for a one or two year term. Due to a recent change in legislation, tenants receiving a New York City Senior Citizen Rent Increase Exemption (SCRIE) can choose a one or two year lease renewal.

The owner must give written notice of renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires. The offer to renew the lease for New York City tenants must be on a Renewal Lease Form [DHCR form RTP-8]. For tenants outside of New York City, the renewal notice must be sent by certified mail not more than 120 days and not less than 90 days before the existing lease expires. To obtain an approved form outside NYC, contact your local Rent Office.

The owner may charge the tenant a Rent Guidelines Board authorized increase based on the length of the renewal lease term selected by the tenant. The law permits the owner to raise the rent during the lease term if the Rent Guidelines rate was not finalized when the tenant signed the lease renewal. A space appears on the Renewal Lease Form for the owner to either enter the rent increase or check the box indicating that the authorized increase is unknown at this time.

The renewal lease must keep the same terms and conditions as the expiring lease unless a change is necessary to comply with a specific law or regulation. Those lawful provisions and any other written agreements between the owner and the tenant that would alter the expiring lease should be attached to the Renewal Lease Form.

After the renewal offer is made, the tenant has 60 days to accept. If the tenant does not accept within this 60 day period, the owner may refuse to renew the lease and may also proceed in court to have the tenant evicted.

When a tenant signs the Renewal Lease Form and returns it to the owner, the owner must return the fully signed and dated copy to the tenant within 30 days. A tenant does not sign a new lease since all lease renewals must be on the Renewal Lease Form [DHCR form RTP-8].

If the owner does not return a copy of the fully executed Renewal Lease Form to the tenant within 30 days of receiving the signed lease from the tenant, the tenant may file the Tenant's Complaint of Owner's Failure to Renew Lease and /or Failure to Furnish a Copy of a Signed Lease [DHCR form RA-90].

An owner can refuse to renew a lease for many legitimate reasons. The Rent Stabilization Code and Law defines these reasons in detail, including:

The owner or a member of the owner's immediate family needs the apartment for their personal use and primary residence. If the tenant is a senior citizen, or disabled, special rules apply [See Fact Sheets on Special Rights of Senior Citizens and Special Rights of Disabled Persons].

The tenant refuses to sign the renewal lease or Renewal Lease Form [DHCR form RTP-8].

The apartment is not used as the tenant's primary residence.

The owner wants to take the apartment off the rental market, either to demolish the building for reconstruction or use it for other purposes permitted by law.

Three years have gone by since the building was converted to a cooperative or condominium, and the tenant did not purchase the apartment under a legal Eviction Plan proposed by the owner. If a tenant is an eligible senior citizen or a disabled person, other rules apply. For more information, write the Office of the Attorney General, 120 Broadway, 23rd Floor, Real Estate Financing Bureau, New York, N.Y. 10271.

When a tenant receives the Lease Renewal Form, a copy of the Rent Stabilization Rights Rider For Apartment House Tenants Residing in New York City must be attached. The Rider will explain how the proposed rent was computed and describe the rights and obligations of tenants and owners under the Rent Stabilization Law [See Fact Sheet on Rent Stabilization Lease Rider]. A renewal lease should go into effect on or after the date that it is signed and returned to the tenant. In general, the lease and any rent increase should not begin retroactively.

If DHCR approves an application for a rent increase based on a major capital improvement, the owner may charge the increase during the term of an existing renewal lease only if the lease contains a clause specifically authorizing the owner to do so. A satisfactory lease clause would provide, "The rent established in this renewal lease may be increased or decreased following an order of DHCR or the Rent Guidelines Board."

For more information or assistance, call the DHCR Rent InfoLine, or visit your Borough or County Rent Office.

[Kelial]

John:
1) I HAVE NO LEASE -what part of that did you misread. He gave no notice of a rental increase.

1a) when my lease expired on 6/01, he began eviction proceedings, which brought FEMA to full bear.

1b) They (FEMA) covered my rent for 18 months.
1c) 9/02, he presented me with a rent increase when he slid the rent envelope under the door.

2) HE GAVE ME NO 30 DAY NOTICE OF AN INCREASE
3) I SIGNED NO LEASE

HOW MANY TIMES DO I HAVE TO SAY THAT?

4) NO LEASE
5) NO NOTICE

6) 3/01 HE PRESENTED A NEW LEASE TO TAKE EFFECT 6/03 WITH MY CHOICE OF INCREASES 2% or 4%

Therefor two (2) increases in less than a year and one WITHOUT NOTICE

Pardon my yelling, but you are totally mis-reading
7) I HAVE NO LEASE
I haven't had a lease since 6/01
OK?

is this clear?
1) No Lease
2) No Notice of an increase
3) Two Increases over the course of 10 months.

IS THAT LEGAL?

[NYHawk]

Do you have a lease????

[Chimera]

By reading John's replies, all of your questions are answerable.

"[If] you had a rent stabilized lease prior to 9/02 and LL did not offer you a renewal lease at the time, which is illegal"

So. . . . to answer the "No lease, is this legal" question. . . NO. This also answers the question of having 2 increases in 10 months. . . because if you had been given a lease, which is legally required, he would not have been able to raise your rent twice in 10 months.

"[If you are not stabilized and if you are a month-to-month tenant] LL can raise your rent by first giving you 30 days notice."

If you were a non-stabilized month-to-month tenant, which is basically a tenant with the least amount of protection, you are still required to be given 30 days notice of any rent increase. Since you are NOT a month-to-month, and since you say you are stabilized, clearly it is not legal to be given NO notice of an increase.

You said: "Between 10/01 and 6/02 there was never a demand for rent."

Does this mean he hasn't been paid rent for these 8 months? Just because a landlord doesn't demand rent, it does not excuse you from paying it. You should make sure that you have enough money to cover these months, if in fact you have not paid them, in case you end up in court.

With a modicum of research through all of the information available on this website, you could have answered these questions on your own. I am surprized at your poor attitude regarding a boardmember who is only trying to help you out.

<small>[ March 08, 2003, 02:12 AM: Message edited by: Chimera ]</small>

[Chimera]

Originally posted by NYHawk:
Do you have a lease????

Good one, NYhawk

<small>[ March 08, 2003, 02:15 AM: Message edited by: Chimera ]</small>

[lappert]

Didn't wade through all the intermediate posts, although I thihnnk John's first reply was incorrect. First, disregard what you paid or didn't pay, or FEMA's involvement. We're talking issues of lease, not arrears. Two entirely separate issues.

1. You're rent stab.
2. LL must give you a lease offer
3. You can only have one increase per year, not more. If your existing period is for two years, then only one increase for that period.
4. LL must provide you with a lease offer and your lease rent does not go up until:
a. LL makes offer - 90 days prior to expiration
b. You accept - you have 60 days I think
c. LL executes lease

If these things don't happen, then is no lease and your rent does not go up. If the September increase was not at the end of a lease expiration, then its probably illegal.

If the second increase (June ?) was based on the September increase, then that is illegal. Your rent does not increase from the pre-June 02 rent until the LL offers, you accept and he executes a lease based on the prior legal rent.

[Kelial]

Originally posted by Chimera:
By reading John's replies, all of your questions are answerable.

"[If] you had a rent stabilized lease prior to 9/02 and LL did not offer you a renewal lease at the time, which is illegal"

So. . . . to answer the "No lease, is this legal" question. . . NO. This also answers the question of having 2 increases in 10 months. . . because if you had been given a lease, which is legally required, he would not have been able to raise your rent twice in 10 months.

"[If you are not stabilized and if you are a month-to-month tenant] LL can raise your rent by first giving you [b]30 days notice."

If you were a non-stabilized month-to-month tenant, which is basically a tenant with the least amount of protection, you are still required to be given 30 days notice of any rent increase. Since you are NOT a month-to-month, and since you say you are stabilized, clearly it is not legal to be given NO notice of an increase.

[qb]You said: "Between 10/01 and 6/02 there was never a demand for rent."[/qoute]

Kelial:
That was a correct. I never saw a rent envelope from him until 6/01 and the new lease. 7/01 he began eviction proceedings. This is when FEMA kicked into gear and provided rent relief. I lost 3 performance gigs on 9/11 totaling $8,000.

Does this mean he hasn't been paid rent for these 8 months? Just because a landlord doesn't demand rent, it does not excuse you from paying it. You should make sure that you have enough money to cover these months, if in fact you have not paid them, in case you end up in court.

Kelial:
No, he has bveen paid. I have repeatd this. FEMA provided the relief

With a modicum of research through all of the information available on this website, you could have answered these questions on your own. I am surprized at your poor attitude regarding a boardmember who is only trying to help you out.[/b]

First, My apologies. but in my original post, I stated:
1) My work was wiped out on 9/11 Lese expired 6/30/01
2) FEMA has paid my arrears. I am current.
On 9/02 the LL gave me a rent increase
On 3/03 he gave me a lease to take effect 6/03

It seems, that these are being over looked:
FEMA has paid my rent I am current
I had no lease after 6/01 and I still have no lease.

John said I had signed a lease. I have not had signed a lease since 6/00

I am mildly disabled with a TBI (Traumatic Brain Injury). I frustrate very easily.
again my apologies.

too stupid to post

[Cranky Tenant]

As a Rent Stabilized tenant you're entitled to a renewal lease and whether the renewal is for one year or two is your choice. If your Landlord didn't give you a lease, he wasn't entitled to an increase. Plain and simple.

You should contact DHCR and speak with a counselor who should help you file any necessary compaints.