I have just returned from Housing Court in Brooklyn, where I was told that because I have a month-to-month agreement in a non-regulated building I basically have no rights as a tenant.
Situation:
Month-to-month verbal agreement for one floor of a non-regulated three-family dwelling (three floors plus a basement) since December 2005.
Lately the live-in owner/LL on the first floor has been playing loud music into the early morning hours. I am on the second floor and I've put up with the noise for quite a while, but I finally confronted the LL on this issue one month ago. The loud music persisted, and I confronted him again a few days ago at 1:00 am.
His response was that if I don't like it, I can get out, and that if I stay my rent will increase $100. I figured there was no way he could get away with such retaliation and that in court his actions would be construed as retaliation and harassment. I called my local police precinct and filed an excessive noise complaint. The loud music stopped at 3:15 am and has not returned. I have no idea if the Police ever came by to influence this change in behavior.
Rent for January will be due in a few days, and I am planning on refusing any rent increase, if such is demanded. I am of the understanding that I am in my rights to construe any action on his part to raise rent or evict me as retaliation and harassment for complaining about his refusal to provide a relatively quiet living environment.
Is the information I got from Housing Court correct, that I don't have any rights in this mattter?
Thank you very much fro any suggestions.