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Notification of lease not being renewed past date in lease

Rights for non-regulated tenants

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Re: Notification of lease not being renewed past date in lea

Postby JingoFresh » Thu Jul 24, 2014 11:39 pm

I contacted DHCR for the history. Seemed to be RS in the past, but not after maintenance was done.

Not preparing to move because hoping it goes to housing court and that will cause a settlement to be reached. At a minimum I need more time, which I think my lawyer should be able to argue.

Hoping I have some hope with them not renewing my lease as a retaliatory measure, both because they didn't follow the lease in responding to my notice of intent to renew, and only responded after I withheld rent.

Since it's going to court, the issue of utilities will also be addressed. $400 water bills with no explanation provided, no shared meter on a property with 9 units (one building with six units one read building with 3), not to mention the constant trespassing.

I just want to stay, not be ripped off, and have the hot water work. Hoping my lawyer can make that happen.

I have emails dismissing my concerns about the hot water since January and I've always paid rent on time in full, so hoping it all works in my favor.
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Re: Notification of lease not being renewed past date in lea

Postby TenantNet » Fri Jul 25, 2014 12:00 am

Many LL's report Individual Apartment Improvements (IAI) - what you refer to as maintenance. But in many cases it's not really done, or done cheaply.

You also need to see if the rent they start with for calculation purposes was the legal rent in the first place.

A good lawyer should be able to pick that apart.
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Re: Notification of lease not being renewed past date in lea

Postby innocent1997 » Fri Jul 25, 2014 6:40 am

If my memory searches me correct, if you are the first tenant after the apartment becomes destabilized, then you have rights to argue the rent stabilization status.

I was able to follow the calculation on DHCR rent history on my own and estimate the individual apartment improvement that the landlord claimed. For instance, if the amount of increase was $200 dollars in 2013, then I multiplied this 200 by 40 which would be $8000.
Then, I said it was not possible due to the bad conditions of the apartment that the landlord would have spent 8000. If I subtract this 8000, then I show a revised legal rent of less than $2,500 meaning the apartment should still be stabilized.

I believe it's better you file the complaint with DHCR prior to your lease expires.

As far as hoping to settle the case in housing court and buy some time, it should be fine too but you will need to make sure that the settlement has no judgment, otherwise it will appear on your credit reports and could affect your apartment hunting.

Another suggestion is to hire a lawyer to negotiate for you even before going to housing court so you can avoid the hassle of going thru housing court at all.
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Re: Notification of lease not being renewed past date in lea

Postby TenantNet » Fri Jul 25, 2014 9:04 am

The ability to challenge is not restricted to the first tenant after destabilization. The limit is four years on overcharge but stabilization status is not limited. Of course on overcharges the 4-year SOL can be pierced by a showing of LL fraud.

The rent for high-rent destabilization was $2000 up until 2011.
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Re: Notification of lease not being renewed past date in lea

Postby JingoFresh » Fri Jul 25, 2014 11:58 am

Would it make sense for me to dispute it with DHCR, or wait for my lawyer to handle that? After I get one...
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Re: Notification of lease not being renewed past date in lea

Postby TenantNet » Fri Jul 25, 2014 12:09 pm

I don't think it can hurt - maybe help, but it's always better to check with an attorney to see how this could impact your defense in a holdover. But just make sure the filing isn't frivilous ... have some good grounds.
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Re: Notification of lease not being renewed past date in lea

Postby JingoFresh » Tue Jul 29, 2014 11:57 am

Talking with a lawyer I am probably going to hire, it seems unlikely I could get the landlord to renew, but could probably get more time and some money back.

I'm going to try and dispute the status with the DHCR as well, as it wouldn't surprise me if there is deceit going on there.

Is there an online form to do this?
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Re: Notification of lease not being renewed past date in lea

Postby innocent1997 » Tue Jul 29, 2014 12:41 pm

DHCR advised me to use "Tenant's Complaint of Rent and/or Other Specific Overcharges in Rent Stabilized Apartments" to dispute the status. You can search it online and should be able to find the form.

After filling out the form, you can drop off at the DHCR offices. They will stamp the pages with DHCR stamp as proof. You will need to bring two copies so that you can get a copy back for your own record.

In about few weeks, they will mail you the case ID in mail. With the case ID, you can check the case status.

I suggest you call DHCR to confirm the above, just in case they changed the process.
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Re: Notification of lease not being renewed past date in lea

Postby JingoFresh » Tue Jul 29, 2014 1:02 pm

I was hoping they could do it online as I won't be able to do it until next Monday and I'm away for work at the moment.

Next Monday it will have to be.

How will this buy me time while they investigate?

Thank you Tenant Net.
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Re: Notification of lease not being renewed past date in lea

Postby innocent1997 » Tue Jul 29, 2014 3:32 pm

I suggest you show your planned filing with DHCR to your attorney first before filing it so that what is written to DHCR is consistent with the overall legal strategy your attorney and you come up with.
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Re: Notification of lease not being renewed past date in lea

Postby JingoFresh » Tue Jul 29, 2014 4:03 pm

I will do, thanks.

I had thought I could just kind of ask for an investigation, didn't realize I had to do more than that and that it may need to be consistent with a legal strategy.
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