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Re: Rent Controlled Tenant Rights

Posted by consigliere on December 17, 2001 at 08:14:55:

In Reply to: Month-to-Month Tenant Rights posted by Concerned about grandma on December 17, 2001 at 00:50:15:

If your grandmother has lived in her apartment for over 35 years, in a building with three or more units, her apartment is rent controlled.

She should be receiving notices from DHCR about increases in the Maximum Base Rent (MBR) and the Maximum Collectable Rent (MCR) before she pays any rent increases. Rent controlled tenants don't get renewal leases.

Even if she were a month-to-month tenant, she would be entitled to repairs, without paying extra for them. However, the height of the bath tub is a different matter. Unless there's something otherwise defective about the bath tub, she'll either have to find another way to gain access to the bath tub or pay a monthly increase for a new tub or stall shower.

: My grandmother has lived in her rent-controlled apartment for over 35 years. She does not know whether she ever had a lease for her apartment, but the landlord has not sent her a renewal lease for the past six years. But the landlord continues to accept her rent payments every month. She is elderly and is on a limited income. She is afraid that if she asks the landlord to make repairs, they will raise her rent or kick her out. Her shower fixtures do not work. No water comes out of the pipes when I try to turn the knobs. As a matter of fact, she rarely showers now because the tub is too high off the ground for her (it's one of those old tubs where the top of the tub is about three feet off the ground). The plaster of her walls are falling off. Her electrical outlets are loose and look dangerous.
: Does she have a right to ask for repairs since she doesn't appear to have a lease? If she does, does the landlord have a right to raise the rent for fixing non-working pipes and dangerous electrical outlets? Does she even have rights to ask the landlord for a lease? Would she have more rights if she did have a lease? Can someone help me please or does anyone know of a website that can answer some of these questions? Thank you!

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