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Lease renewal (in plain English please)

Rights for non-regulated tenants

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Lease renewal (in plain English please)

Postby nabiscosboy » Sun Sep 21, 2008 9:07 pm

Can someone to break down the lease renewal process for non-rent stabilized apts simply?



Say my lease runs up Sept 1st.

1. When would I get a renewal notice by (90 days in advance?)

2. Since I am non-rent stabilized, what % can the rent go up reasonably?

3. Are there any LEGAL reasons a landlord can kick me out (e.g. they don't like me, can get more money from a new tenant etc?)

4. Say I don't agree with the % increase, what recourse do I have (e.g. write a letter contesting the increase)? What would be included in such a letter?
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Postby nabiscosboy » Sun Sep 21, 2008 9:50 pm

Also, I want to contact DCHR to find out if I'm stabilized or not.


Will my LL/building mgr get wind of this?


My lease does NOT say I am RS but I think they have conveniently forgotten to register as such.
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Postby TenantNet » Sun Sep 21, 2008 10:38 pm

How many units are in the building? When (approx.) was it built? Is it a coop or condo?
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Postby nabiscosboy » Mon Sep 22, 2008 11:14 am

20 units approximately


Not a coop


Built maybe in the 60s or 70s?


**Also, my lease says NOTHING about renewal options**
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Postby TenantNet » Mon Sep 22, 2008 11:44 am

If it was built after 1974 there is a good chance the units should be regulated. Find out the date of construction. There are other reasons why units in a building might not be regulated (i.e., J-51, 431(a), high rent or high income deregulation), but get the construction date first.
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Postby nabiscosboy » Mon Sep 22, 2008 11:52 am

Can I do this w/o my landlord knownig?



As per my other thread, he is already on my case about being a "troublemaker" and I have not lived there very long.
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Postby queensborough » Mon Sep 22, 2008 4:48 pm

You can check all those things without LL knowing. Call DHCR and they can tell you if you are, were or should be rent stabilized. Lots of times when a rent stabilized tenant moves out of an apartment, the LL decides to rent it as a market rate apartment. The tenant doesn't know. Are any tenants in the building rent stabilized?

http://www.dhcr.state.ny.us/AboutUs/contact.htm
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Postby nabiscosboy » Mon Sep 22, 2008 7:05 pm

According to the website none of the units are RS.


The unit I got was pretty cheap for the area which is why I am leaning towards RS. If the LL could get a ton more money, wouldn't he?
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Postby TenantNet » Mon Sep 22, 2008 7:08 pm

That just reports which units are registered as being RS by the LL. That's not a legal determination.
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Postby nabiscosboy » Mon Sep 22, 2008 9:05 pm

I'll check on my status closer to my lease renewal (especially if they DON'T offer me a renewal based on some bogus LL claim)


Thanks for the info. I'll keep you all posted :D
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Postby jkgal » Tue Sep 23, 2008 4:37 pm

Hello,

I realize that you have reason to believe that you are non-R/S. And, R/S tenants can breathe easier, knowing that they are in many ways protected from landlord whimsy. However, I just thought I'd note (knowing next-to-nothing about non-R/S places) that even tenants in R/S places act like they must sneak around to find out information which is their LEGAL RIGHT TO KNOW! We have rights! Why shouldn't we know whether our apartment is/ is not R/S? If a LL purchases a building, LL sure as hell wants to know whatever information about the building s/he feels s/he's entitled to! Oh, we'll just pitter-patter around like sitting ducks! Maybe, did you think, you are NOT being a troublemaker? Maybe this is LLs trick to keep you quiet. Guess what? It's working!

jkgal
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Postby queensborough » Tue Sep 23, 2008 5:11 pm

nabiscosboy wrote:According to the website none of the units are RS.


The unit I got was pretty cheap for the area which is why I am leaning towards RS. If the LL could get a ton more money, wouldn't he?


You need to CALL them and ask if your apartment is RS. Why would you want to wait until you get closer to your lease renewal?
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Postby nabiscosboy » Tue Sep 23, 2008 6:49 pm

OMG YES. Sadly, I LIVE IN FEAR of my LL already!


I will call to find out my R/S status asap. The worst thing that can happen is that I am NOT R/S and they not renew my lease. Big deal. :roll: :x
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