LL won't sign and return lease renewal form

[santra]

Hi, folks. Been living 6 years in rent-stabilized apartment in East Harlem. Up for another lease renewal. Received form from LL late January. Standard 4% increase + an unauthorized increase for ConEd power upgrade that hasn't been done and the DHCR has never heard of it. Called LL and said "What's up? This isn't authorized." LL said: "Oh, DHCR is just backlogged on paperwork." Decided to give LL benefit of the doubt and signed and sent back renewal form Feb. 6. Told LL, "OK, whatever, I'll pay the extra, no problem."

But now LL won't sign off on lease renewal and send back. Doesn't make sense. They're ripping me off, OK, but hey, I agreed to it; what more do they want? Have called office 3x. They say they've received my lease renewal form but have no idea why LL won't sign it.

What are my options? I'm ready to go with the DHCR Complaint of Owner's Failure to Renew Lease form. I should be able to file that on March 10, which will mark 30 days after the LL received my signed copy of the lease renewal. But what is my LL up to? What are other options? I'm worried they'll claim I never sent renewal form in (I didn't send registered or certified); so tomorrow I'm sending *another* signed copy in triplicate via registered and certified (just in case).

It's all the more upsetting because there was massive gas leak last year on account of their idiot contractors doing bad work, building could have exploded, no one called ConEd or 911 or anything, I got ConEd and FDNY involved, and they turned off gas for weeks but at least the building was saved. For this kind of good samaritan act I guess they want to can me. They would rather have the building burn than fix gas leaks, I guess.

Any feedback greatly appreciated! I haven't had to fight a LL in years, so I'm a bit out of practice.

<small>[ March 03, 2003, 03:44 PM: Message edited by: tempforlife ]</small>

[TenantNet]

Never ever give the LL the benefit of the doubt. Here, he's probably fibbing and you should have been served with any paperwork pending, given an opportunity to respond/object/contest, and nothing is collectible until DHCR approves it (I assume we're talking about a MCI).

If LL does not sign the lease, your rent does not go up until he does (research the provisions on the web site). So it's in your interest to let sleeping dogs lie. You're stabilized, so you have a lease as a matter of law -- at the old rent.

Remember, there are three components of a lease:
offer (done)
acceptance (you did)
execution (still to be done)

You might consider resending the lease, but with a cover letter indicating that the extra charge is unauthorized (assuming it was an MCI and not approved or even served on you or the other tenants -- also check to see if other tenants for this charge) and that the correct legal rent plus RGB increases is what you're signing the lease for. I would cross out the illegal charge.

Then let him sit on it. If he doesn't sign, the nkeep paying the lower amount. If he wants the 4% RGB, then he's gotta do the Saddam Tango.

[santra]

Thanks for the response.

[QUOTE]Originally posted by TenantNet:
[QB]Never ever give the LL the benefit of the doubt. Here, he's probably fibbing and you should have been served with any paperwork pending

What kind of paperwork? Something evidencing LL's intention to do the electrical work that the renewal lease details an increase for? And DHCR's approval of same? I didn't get anything like that. I guess it's an MCI but I never received the paperwork that the DHCR supposedly sends out (I understand that the "DHCR notifies the tenants and gives them an opportunity to submit objections to the application" and that never happened). I guess I'll call the DHCR (again) to see if there is (now) a record of the MCI. How does the MCI thing work? Can they start charging me now for work that may not be completed for another year?

I really can't talk to any other tenants about this. They are an assortment of undesirables: (literally) thieves, drunkards, violent types, and some regularly beat their spouses. Not the kind of people you invite in for tea. And the super is useless (despite the huge tip I give him every year).

Thanks for detailing how I would protest the illegal increase when I send in a second signed copy of the lease. Sounds a little risky, but I'll consider it. I'm rather amazed that the LL didn't sign and send back that lease renewal copy I already sent in, since I signed it as-is, allowing LL to "get away" with the illegal charge.

[Lilly]

DHCR sends (should) every tenant in the building a notice that the LL has applied for the MCI for the work. You could go to DHCR and ask a caseworker if and MCI has been applied for. Has to be within 2 years of the work being completed. Here is the link for Rent Administration and their addresses:

http://www.dhcr.state.ny.us/ora/ora.htm

Lower Manhattan Borough
Rent Office
(South Side of 110th St. and below)
25 Beaver Street, 5th Floor
New York, New York 10004
Phone: 212-480-6238

Upper Manhattan Borough
Rent Office
(North Side of 110th St. and above)
Adam Clayton Powell, Jr. Office Bldg
163 West 125th St, 5th Floor
New York, New York 10027
Phone: 212-961-8930

Enforcement Unit
Gertz Plaza
92-31 Union Hall Street
Jamaica, New York 11433
Phone: 718-262-7974

[santra]

Thanks, Lilly! VERY helpful info.

[QUOTE]Originally posted by Lilly:
[QB]DHCR sends (should) every tenant in the building a notice that the LL has applied for the MCI for the work. You could go to DHCR and ask a caseworker if and MCI has been applied for. Has to be within 2 years of the work being completed.

Ha! They haven't even *started* the work (aside from ConEd running a cable into the basement for who knows what).

[TenantNet]

Better yet, in your letter (where you revise the lease to the legal rent), ask the landlord to provide a reason and authorization to add additional amounts to the rent. Don't even suggest it's an MCI. Just ask on what basis he is increasing the rent and ask for proof. Don't take his word; that doesn't count. Unless he has a DHCR order, the only thing he can add is the RGB increase.