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Re: Increase in rent retroactively

Posted by Cranky Tenant on November 17, 2001 at 20:21:47:

In Reply to: Increase in rent retroactively posted by Joanna on November 17, 2001 at 07:44:49:

No your LL isn't entitled to retroactice increases unless they're awarded to him, either by DHCR, or the court. And, if he never gave you a lease throughout the years, I don't believe he can legally demand any increase you didn't agree to in writing.

As a rent stabilized tenant you have rights. I'd suggest you contact DHCR and discuss these issues with one of their counselors.

: For some time I have been involved in a landlord
: dispute.I am in a rent stabilized Far
: Rockaway,Queens.For many years,there was no
: heat or hot water for days,toilet back-ups,
: electrical outages,water cascading from the
: floor over me,ceiling in bathroom fell,kitchen
: wall collapsed etc. The city fixed some of these
: serious problems.All the whole the landlord was
: rabid in his intent to get me out. I stopped
: After some years,I became afraid,as I now owed
: untold amounts of money. So I my-self did not
: persue this in the court as I rightly should
: have. Finally I received a letter from the
: city housing att.They were suing him for many
: violations,not just mine.Most of the violations
: were repaired in other apts.Then he was forced
: to fix and put in new bath-room,in mine.The
: floor was falling,bath-tub falling, sink ready
: to collapse etc.I have some other problems that
: need to be addressed and the atty.stated to
: the landlord that the must fix,or they will
: access fines thru the court. He saw what needed
: to be done. I asked if he wanted me to pay
: rent,also asked for a lease. He said he would
: take rent.But said I have a lease.He refused to
: give me a lease many years ago,when this whole
: morass started,as he snarled I would be out on
: the street in a week.There are many more threats
: and screaming insults,from him thru the years,He
: told all neighbors that I was a junkie, and sold
: drugs,effectively,isolating me from seeking any
: friend-ships here.They mainly speak spanish,and
: I mainly speak english, so it was very difficult
: for me just to go to them and explain. Landlord
: speaks spanish. He now claims that a law in
: the year 2000,entitles him to all the retroactive
: increases thru the years.I had no lease,the city
: sent notice last year of what I should be paying
: and it is still the same as I had been paying.Not
: what he is claiming.I gave him a check for that
: amount.He is entiltled to back rent,when this
: was what amounted to a back woods hovel?I have
: fought him for years and all this time that he
: has made my life and my children's life a misery,
: does he in effect get rewarded for this?I told
: him my atty's name how-ever I really haven't
: used this atty.for some time.Finances became
: really bad,now landlord said he would take to
: atty not me.So I am probably going to be made
: out to be a liar,as stated previously I no longer
: use atty.(Also I used to work for said atty)Oh
: what a bigger mess I can get my-self into for
: opening my big mouth.I am still in fear of this
: landlord he has not been stable,for a long time
: and he just might cause a lot more trouble for
: me.I cannot move,with the money for rents still
: in more money than I make in a month.I cannot
: even think of moving.City housing is not an
: option,I make too much. Section Eight has a 6
: years and counting wait.With the homeless 1st.
: and rightly so.Please help me,Or at lease point
: me in the right direction.I must have answers as
: soon as possible, he intends to go to atty's ofc.
: on Mon.

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