TenantNet Forum

Where tenants can seek help and help others



Rights as Co-Op renter

Public Housing (NYCHA), SRO, HUD, HPD, Mitchell Lama, Lofts, Coop/Condo

Moderator: TenantNet

Rights as Co-Op renter

Postby mh622 » Thu Feb 11, 2010 9:45 am

I am a renter in a co-op building and have an uncomfortable relationship with the co-op president. He has informed me that I have essentially no rights in the building. And, when maintenance people come to the apartment, he claims the right to enter without informing me. At one point I was in the shower, when he entered. In this case he claimed emergency work. Also, he has informed me that if I contact any other owners/tenants about issues with him or the apartment it is a form of harassment and he will proceed to have an eviction vote in the co-op board. Basically my question is, what are my basic rights as a renter in a co-op? My understanding of the co-op "presidential" rights are pretty unlimited and the harassment by him seems to be almost within his rights as a co-op member, whereas I am just a renter. Am I covered by the same rights as other normal renters in NYC? Thanks
mh622
 
Posts: 4
Joined: Mon Dec 29, 2008 12:33 pm

Postby TenantNet » Thu Feb 11, 2010 10:19 am

Lets get the terminology in order here. Are you a share holder in the coop? They are commonly called renters and the real renters are often called subtenants. Which are you?

And if you are a real renter (not a share-holder), is the unit rent stabilized? If not, was it RS prior to conversion and should it be rent stabilized? Were you a tenant before conversion?
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9302
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby mh622 » Thu Feb 11, 2010 10:55 am

I am a real renter, and the apartment is not rent stabilized. I became a tenant post-conversion and I am not sure if the apartment was RS before the conversion or should be.
mh622
 
Posts: 4
Joined: Mon Dec 29, 2008 12:33 pm

Postby TenantNet » Thu Feb 11, 2010 11:11 am

So your protections are based on the lease, not rent regulation. That gives you some rights. The right you would have are based in the non-regulatory laws, i.e., Real Property Law, Real Property Actions and Proceedings Law, Housing Maintenance Code and other such laws. Those laws often cover things like minimum building conditions, heat/hot water, pets, roommates and so on. You have no lease protection or rent protection.

Your actual landlord is the owner of the unit.

Landlords are able to enter a unit without advance written notice in cases of emergency. But it must be a real emergency. Was there a fire? Did a pipe burst? What happened? Did they knock to see if you were home? The facts of the situation would determine if the acted properly.

If you speak to others, that's not harassment in itself and might give you a claim of harassment if what they said was an attempt to threaten or intimidate you, but you should probably notify the real owner in writing (cert. mail RRR). And the co-op can't evict you ... only a court can. However the owner can decline to renew your lease when it comes up.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9302
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby mh622 » Thu Feb 11, 2010 11:16 am

Thanks so much for the information. This is a great resource.
mh622
 
Posts: 4
Joined: Mon Dec 29, 2008 12:33 pm


Return to Other NYC Housing Issues

Who is online

Users browsing this forum: No registered users and 2 guests

cron