TenantNet Forum

Where tenants can seek help and help others



What are my rights, re: roommate, unregistered bldg

Rights for non-regulated tenants

Moderator: TenantNet

What are my rights, re: roommate, unregistered bldg

Postby cybernia » Sun Jul 31, 2011 12:28 pm

My landlord recently decided to jump my rent $300 due to the fact that I have a part time roommate. She complained that I didn't tell her about the roommate but she was well aware that she was here. And she's not here about half the time.

She said the increase was as "punishment" for my not telling her she moved in. I told her since she's not here most of the time, she stays with others I didn't think that counted.

Since I'm unregulated, I know she can raise my rent but since she stated that it was "punishment" isn't that retaliatory?

Also, I found out from HPD that my building is not registered with them and hasn't been for years. It's a three unit bldg. What can I do with that?

Thanks.
cybernia
 
Posts: 3
Joined: Sun Jul 31, 2011 12:20 pm

Postby TenantNet » Sun Jul 31, 2011 2:31 pm

Do you have a lease and are you in the middle of it?

There is a provision for retaliatory eviction, but it's difficult to enforce. See Real Property Law, Section 223-b. Of course if you withheld rent the LL would claim any proceeding is prompted by the failure to pay rent, not retaliation. Best to get a legal consultation prior to going down this path.

As for HPD registration, if there are three distinct units, they should be registered. See the Housing Maintenance Code Subchapter 4. Failure to register should bar a proceeding based on non-payment. See the provision in the same chapter.
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: 9238
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby cybernia » Sun Jul 31, 2011 8:46 pm

Thanks for your reply. No lease. What we think we're going to do is pay her an extra hundred which is what she originally asked for instead of the $300 (It's the same amount the other two tenants got raised). If she raises a stink, which she will, I'll have to figure out where to go from there.

We are also going to try and offer, on top of that hundred an extra $50/month until the we pay off the back time she has been in my apt.

And yes, they are three distinct units.

Oh and correct me if I'm wrong, but even though I'm not regulated, don't I still have until the 5th to pay the rent?

Thanks again.
cybernia
 
Posts: 3
Joined: Sun Jul 31, 2011 12:20 pm

Postby TenantNet » Sun Jul 31, 2011 10:02 pm

If there's no lease, then you are a Month-to-Month tenant. See the info in the Forum's Reference Section. Any change in rent has to have 30 days written notice. Can't be retroactive.

Based on your description, I would think the LL can't even take you to Housing Court with the lack of registration with HPD. There are other reasons for registering with HPD, starting with your safety.

Yes, if you fight the LL might eventually get you out, so it depends on how long you really want to stay there. But in the short term I think you have some leverage.
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: 9238
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby cybernia » Tue Aug 09, 2011 9:56 am

Thanks.

Okay. I did some more digging and it looks like the building is registered, but I also found this. There are two buildings. One in the front and one in the back. I live in the back bldg. The DOB registration says the two bldgs are on one lot. I've heard from some tenant advocates that this could mean that these two bldgs could be considered one. There are 6 units in total which would make it required to be rent regulated. The HPD records say there are only 5 units but I know that is not the case.

I also pulled the ICard and both buildings are on the same card(s)
cybernia
 
Posts: 3
Joined: Sun Jul 31, 2011 12:20 pm


Return to NYC Non-Regulated Apartments

Who is online

Users browsing this forum: No registered users and 3 guests