Electric Landlordland

[Sean Flaherty]

My landlord informed my fiance and me recently (originally in May, then again this last week) that our apartment was to be rewired. (I believe we're running on 110 W right now. We can't have a toaster without blowing the circuit.)

The pros are obvious: I'll be able to have things like a toaster and an air-conditioner for the first time in five years.

The cons are not so obvious. I saw the work being done on the 2nd floor and noted that the entire apartment had essentially been gutted.

I asked the landlord if that's what they're doing on the 2nd floor, and she said "yes." The landlord tells me that we will be given one day's notice before the work begins. We have been asked to "cover and move all furniture away from the walls." When I asked which walls (East or West), the landlord replied that she didn't know.

This means taking furniture apart, taking down artwork and wrapping it, while our apartment is turned into a disaster zone. I also lack confidence with regards to the "before" and "after" looks of my home. I have no guarantee of recovery (i.e., who's doing the spackling and painting?)

One of us will also have to be at home during the construction, as well, giving up valuable work time.

My query is as follows:

1. Can my rent be increased as a result of the rewiring? (I have a 2-year lease).

2. In the days when we will essentially be moving out of our home without having any place to move our things our ourselves to, can we reduce our rent by the number of days we are inconvenienced?

[consigliere]

110-120 volts is the standard voltage in the U.S. 208-220 volts is sometimes used for a separate air conditioning circuit.
 
If the landlady is rewiring the entire building, she would not be entitled to a rent increase for a major capital improvement (MCI) until the end of the lease, unless the docket number for the MCI is specified in your lease. The increase would be on a per-room basis, for 1/84 of the cost of the improvements in the building.
 
If the landlady is rewiring only individual apartments, the increase would be 1/40 of the cost of the improvements in your apartment. Your consent would be required to do the rewiring. You could negotiate with your landlady for a rent abatement for your inconvenience and taking time off from work, before you sign a consent to do the work. This should be in writing, and you should also get in writing that the landlady will be responsible for plastering and painting, to restore your apartment to its previous condition.
 

[Cranky Tenant]

If this is a building wide improvement the LL can file an MCI (Major Capital Improvement) to increase your rent.

As for the work -
I had a vaguely similar situation a couple of years ago when the LL's contractors spackled and painted my entire apartment.

I specifically requested a schedule but the contractors showed up, and worked, whenever and whereever they pleased.

Sometimes only one worker showed up but othertimes were were more people than I thought could fit into my apartment at once. Sine even brought their friends and children!

The apartment was throws into total chaos, My computer equipment was damaged and there are numerous personal items I haven't seen since. Maybe they were thrown out with the debris?

I would strongly suggest you demand a schedule in writing that states exacrly which room they plan on working in each day. Insist that they use drop cloths and take any other precautions necessary. Do what you can to limit them to one room so that you're well aware of what they're doing.

[Lilly]

I believe that if your lease states that the rent may be adjusted as per DHCR order (words to that effect) then the rent may be increased during the term of the lease. Also the increase cannot be more than 6% of the rent provided for in your lease. In order to qualify for the MCI the re-wiring has to be building-wide. I was not aware of any provision that states the docket number has to be in your lease.

[consigliere]

It's not clear if this is a major capital improvement (MCI), and if so, when the landlady started the work.
 
DHCR Fact Sheet #11 - Rent Increases for Major Capital Improvements (MCI) provides, in relevant part:
 
If an apartment(s) is vacant or becomes vacant while the MCI application is pending, the owner must notify any incoming tenant that the tenant's rent will increase if the MCI application is approved. Failure to indicate this anticipated rent increase in the vacancy lease will result in no MCI increase being approved for this apartment until the lease is renewed. If an owner charges the increased rent without this proper notification, the owner risks overcharge penalties.
 
A vacancy lease clause that satisfactorily notifies an incoming tenant of a pending MCI application is one which provides, "Application for a major capital improvement rent increase has been filed with DHCR based upon the following work: _______________, Docket # ______. Should DHCR issue an order granting the rent increase, the rent quoted in this lease will be increased."
 
If DHCR approves an application for a rent increase based on an MCI, the owner may charge the increase during the term of an existing 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 lease may be increased or decreased by an order of DHCR or the Rent Guidelines Board."
 

[Sean Flaherty]

My many thanks (again) to you folks for your informative replies.

The landlord has provided none of the tenants with any schedule/consent in writing and, to my knowledge, it appears the rewiring is only taking place in some of the apartments.

Unfortunately, while there is no such language in the standard "lease renewal" form, the clause in one of the original leases reads: "the rent to be paid during the term of this lease may be adjusted, prospectively or retroactively, pursuant to an order of the New York State Division of Housing and Communinity Renewal (DHCR)."

There is, however, no MCI docket number for the work being done in any of my leases (or renewals).

It appears that, if we're going to suffer a rent increase, the landlord would be subject to overcharge penalties for not going through the appropriate channels.

My landlord seems to have little understanding of the law and, I expect a little more than a train wreck coming my way (physically and legally).

[joliett]

VERY IMPORTANT...

Make sure the landlord has the appropiate building permits, and that the workers are licensed electrical contractors.

Frequently its all illegal.

http://www.ci.nyc.ny.us/html/dob/html/bis.html