Rent increases are coming

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warsha...@gmail.com

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Aug 24, 2008, 10:01:36 PM8/24/08
to 52 Clark Discussion
Thanks for spreading the flyers with the link to the discussion
group. I had noticed the signs in the elevator but didn't have a
chance to write down the address before they were taken down.

Here's my two cents. I was planning to move out when my lease ran out
in September because I am moving out of town, but I was nonetheless
surprised that J&O proposed to raise my rent from $1600 to $2000. My
apartment is no longer rent stabilized (assuming that J&O is correct
on that one), so there is not much I could do to fight it, assuming I
was planning to stay. But, the important thing is to spread the word
that management is looking to raise rents.

My suggestion for those of you in the building is to form a tenants
association. You will have much better luck if you work together.
Plus, you should know that NY Law protects such organizations (see
below). Again, I'm moving out, but this is my sincere suggestion for
those of you who stay.

Best of luck,
Aaron


http://www.oag.state.ny.us/realestate/habitability.html#23

TENANTS' ORGANIZATIONS

Tenants have a legal right to organize. They may form, join, and
participate in tenants' organizations for the purpose of protecting
their rights. Landlords may not harass or penalize tenants who
exercise this right. Tenants' groups have the right to meet in any
common area in their building, such as lobbies and halls, in a
peaceful manner, at reasonable hours without obstructing access to the
premises or facilities. (Real Property Law §230)

RETALIATION

Landlords are prohibited from harassing or retaliating against tenants
who exercise their rights. For example, landlords may not seek to
evict tenants solely because tenants (a) make good faith complaints to
a government agency about violations of any health or safety laws; or
(b) take good faith actions to protect rights under their lease; or
(c) participate in tenants' organizations. Tenants may collect damages
from landlords who violate this law, which applies to all rentals
except owner-occupied dwellings with fewer than four units. (Real
Property Law §223-b)

bdo...@gmail.com

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Aug 24, 2008, 10:45:17 PM8/24/08
to 52 Clark Discussion
Thanks Aaron!! As for your rent increase, it looks to me like another
of J&O's illegal antics. Your apartment *cannot* have been removed
from rent stabilization unless it once rented for $2000. It is
possible that it did once, but more likely J&O was counting on your
not knowing your rights and illegally attempted to raise your rent
more than the stabilization rate.

It's moot for you since you're leaving, but everyone else: the ONLY
circumstances under which the apartment can be removed from rent
stabilization is if it actually (not hypothetically) rents for $2000,
OR the occupant's household income exceeds $175,000. (I'm assuming
Aaron's didn't since he's probably young, like most people in the
building.) Unless ONE of those is true, tenants remain protected
under rent stabilization.

Best of luck!

P.S. Germane to this discussion, this is the fact sheet page at the
Rent Guidelines Board: http://www.housingnyc.com/html/resources/dhcrfact.html
.

warsha...@gmail.com

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Aug 24, 2008, 11:13:07 PM8/24/08
to 52 Clark Discussion
Assuming that they kept accurate records, it's actually legit... When
I moved in, the permitted increase put the rent above $2000, but they
gave me a $400/month concession so my rent was only $1600. I did some
research and this appears to be legal under the rent stabilization
laws.

Again, it's moot because I was planning to move anyway, but fair
warning that if your apartment is no longer rent stabilized that you
shouldn't be surprised by an increase. I wouldn't be surprised if
this was also the reason for all of the renovations (although would've
helped if they got permits first), because such work typically permits
a landlord to raise rent in rent-stabilized apartments.

And, again, my suggestion is to form a tenants organization. It will
give you protection from harassment and permit you to hold meetings in
the building.
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