Crappy, Ass-Faced Landlord

[Sean Flaherty]

Rent-Stabilized Building. Tenant since 1998. No lease renewal, no Golub notice, as required per section 2522.5.(b)of the NYC Rent Stabilization Code.

It is my understanding that my Landlord has, as a result of offering neither the renewal nor the Golub notice, and failing to comply with statutory time lines, waived their rights.

I believe that I am currently paying rent under my most recent lease (expiring Jan 31, 2003).

My question relates to my suspicion that my Landlord may be laying in wait for a June judgement so that they can increase my rent by more than 2-4%.

If New York were to alter or nix the rent regulated laws by June, do the current rent stabilization laws and the current lease still have any legal footing?

<small>[ January 28, 2003, 11:08 AM: Message edited by: Sean ]</small>

[Phil Cohen]

Yes, failure to provide renewal means you continue under the old lease, and any offer must be timed so you get the statutory time to respond.

Your concern re June is well-taken. Suggest you file a no-renewal complaint before then to preserve your rights, just in case the legislature lets the laws lapse. If you set the D

[Phil Cohen]

.... to finish my sentence..
if you set the DHCR wheels in motion, you are in a stronger position if the laws vanish.

[Sean Flaherty]

Thank you, Phil.

I just had a moment of panic.

The DHCR wheels have been in motion since early December. Went from mediation to docketing and processing. Now, I guess I wait to hear from them with a docket number, etc.

I'm fairly certain I've got all of my bases covered.

[NYCkid]

Your landlord sounds just like mine. He even has an ass face too.

[Sean Flaherty]

WHAT the hell is it with these people? They live in the same building with me and, after 5 years of attempted evictions - all of them based on picayune and improbable issues - they still keep on with the same crap.

If I tattooed the law on my forehead, I know they wouldn't see it.

I understand that money may be at the source of it all, but I think that landlords somehow twist, take a turn toward the dark side. As if the prerequisite is that you sell your soul.

[Phil Cohen]

You went to the DHCR, it was docketed etc., and he STILL hasn't given you a lease? What is his defense? Doesn't make sense.
I think the problem with your LL is not that he has the face of an ass but that he has shit for brains. Well, I guess the vicinity is correct.

[MikeW]

Sean,

In case you haven't realized it, you're worth much more to him gone then there. He'll do anything viable to get rid of you. Be glad he's only stretching the law a little bit. LLs have been know to kill regulated tenants to get rid of them (which is the only viable way in some cases).

[Sean Flaherty]

EXACTLY. I just don't get it. That's why I was asking about the (albeit unlikely) change in rent regulated laws.

Even the slightest research shows that as a result of the landlord's actions, they are now barred by waiver and barred by statute of limitation.

And, further, I'm now paying the 2002 rent rate. Does the landlord think they will prevail in housing court?

In the meantime, I'm going to sit tight, pay rent on time, and wait to hear from the DHCR.

[NYCkid]

Can you slap him with harassment complaints through DHCR? Each time one sticks it can be anywhere from $1,000 to $5,000. If he is concerned with his wallet, that may make him start thinking straight. Then again, this guy doesnt sound like he has the intelligence to realize that.

[Cranky Tenant]

I understand that money may be at the source of it all, but I think that landlords somehow twist, take a turn toward the dark side. As if the prerequisite is that you sell your soul.

Sad but true. I had a friend who managed to get ttogether enough money for a down payment on an apartment building. After a year of hearing her complain about her rent stabilized tenants, I just couldn't continue to call her my friend.

Landlords aren't necessarily born this way. It's more like a slow degenerative process.

[Sean Flaherty]

She hit me with a Notice to Cure (see earlier posts) after she was contacted by the DHCR mediator. I mentioned harassment in my response to the notice, since one of the law's definitions of harrassment includes trying to evict in response to a tenant's effort to exercise his/her rights.

I'm not seeking conflict, I really just want a new lease. I can easily ignore her. If she can't get her shit together, I'm happy paying the 2002 rate.

I'm not all that interested in spending time in court, but the DARK SIDE of me is curious about pursuing harassment charges. What are the parameters? Would 5 years of petty bullshit add up to harassment?

PS MikeW, thanks for your concern(?). I have beaten off a handful of muggers - one of them armed - in three boroughs. I'm not worried about bullies, murderers or other idiots.

[Cranky Tenant]

Sometimes DHCR counselors are willing to help tenants fill out harassment complaints.

I was told that while a single incident may not meet their standard for harassment, if you can show a pattern of this kind of behavior you may have a valid complaint.