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Posted by Chelsea on April 08, 2001 at 14:52:31:

In Reply to: Landlord Construction posted by Christopher on April 08, 2001 at 00:02:37:

You can say no to the relocation offer and as a rent stabilized tenant, almost certainly block construction of a penthouse that would become part of your apartment. You might have a harder time blocking construction that would become part of the other apartment, if the other tenant is not opposed to it. You should hightail it down to the building department to look at the plans. You should also check zoning, because maybe it's not legal.

Theoretically, the enlarged apartment would have a free-market "first rent," and the apartment would continue in rent stabilization with that as a base. But these days, such an apartment would probably rent for above $2,000 right off the bat, and be decontrolled.

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: I live in a rent stabilized apt in the upper east side. I have a lease that I renewed last year for 2 years. I have lived at this location for 9 years.

: Today I received a letter from my landlord stating that, "Plans have been filed with the Building Dept for the contruction of front and rear penthouses." Of course, the penthouse is planned right on top of my apt since I live on the 5th floor of a 5 floor walk up. The letter goes on to state that the rear penthouse is designed so that entrance to to the penthouse my be through either apt 5re or 5rw. I live in 5re.

: It goes on to state " We have recently completed a number of similar projects in which existing apartments have been connected to new construction. In each case we have obtained possession of the occupied apartments by structuring offers that have satisfied the tenant's individual needs. Most frequently this has been accomplished by relocating tenants to other, more desireable Eberhart apartments."

: Do I have anything to worry about and can I say NO. If anyone can help, please let me know.

: Thanks

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Comments:
: You can say no to the relocation offer and as a rent stabilized tenant, almost certainly block construction of a penthouse that would become part of your apartment.  You might have a harder time blocking construction that would become part of the other apartment, if the other tenant is not opposed to it.  You should hightail it down to the building department to look at the plans. You should also check zoning, because maybe it's not legal.

: Theoretically, the enlarged apartment would have a free-market "first rent," and the apartment would continue in rent stabilization with that as a base.  But these days, such an apartment would probably rent for above $2,000 right off the bat, and be decontrolled. 
:   
: --------

: : I live in a rent stabilized apt in the upper east side. I have a lease that I renewed last year for 2 years. I have lived at this location for 9 years.

: : Today I received a letter from my landlord stating that, "Plans have been filed with the Building Dept for the contruction of front and rear penthouses." Of course, the penthouse is planned right on top of my apt since I live on the 5th floor of a 5 floor walk up. The letter goes on to state that the rear penthouse is designed so that entrance to to the penthouse my be through either apt 5re or 5rw. I live in 5re.

: : It goes on to state " We have recently completed a number of similar projects in which existing apartments have been connected to new construction. In each case we have obtained possession of the occupied apartments by structuring offers that have satisfied the tenant's individual needs. Most frequently this has been accomplished by relocating tenants to other, more desireable Eberhart apartments."

: : Do I have anything to worry about and can I say NO.  If anyone can help, please let me know.

: : Thanks


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