Posted by richard on May 21, 2000 at 23:23:20:
In Reply to: Re: fire...and renters insurance posted by gary on May 21, 2000 at 22:30:41:
OK you read this........The rent can be adjusted(increased) if the demolition is necessary.....and I think a fire is a necessity.....and she did cause the fire.....It does say the tenant has to sign a written request to have the rent increased.....
This is my ONE crusade that is NO discussion allowed. There is absolutely no reason NOT to have renters insurance.....at what i pay is $228 a year less then $20 a month for a lot of coverage... and this woman would have Nothing to worry about......
Here me out......If HER insurance paid the Landlord for the repairs, and the landlord did not spend any money....then she would have a nice new apartment and appliances with NO rent increase......How could DHCR allow the LL an increase with no out of pocket expense? See what a strong position she would have if she had renters insurance.
Policy Statement 91-1 (January 23, 1991)
Demolition Costs Associated with Individual Apartment Improvements
This policy statement is being issued to explain the instances when an owner may recover the cost of removal or demolition associated with an individual apartment improvement.
In accordance with Section 2522.4(a)(1) and (4) of the New York City Rent Stabilization Code, an owner is entitled to a rent increase when there has been a substantial increase of dwelling space; an increase in the services provided by the owner; improvements installed in the tenant's housing accommodation; or new furniture or furnishings that are provided by the owner. If there is a tenant in residence when the improvements are made, the written consent of the tenant is required. Consent is not required if the improvements are made while the housing unit is vacant. The allowable increase in the monthly stabilization rent for these improvements is one fortieth (1/40th) of the total cost including installation.
The cost associated with the removal or demolition of the item(s) being replaced can be included in the calculation for determining the allowable rent adjustment for an individual apartment improvement only when this removal or demolition is
necessary and is performed contemporaneously with the completion of the work.
Any removal or demolition work performed by the owner or an employee of the owner during the course of assigned duties (i.e. removal of a refrigerator or rubbish) does not constitute an expenditure that can be included in the calculation of the rent adjustment for the individual apartment improvement.
Elliot G. Sander
Deputy Commissioner for Rent Administration
: This posting is really offensive. Somebody burned out of his apartment should get intelligent suggestions, not some bull about the fire being his fault and the landlord having the right to raise the rent. That is totally bogus.
: He's banned from the board. Isn't there some way of blocking his email address?
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