Posted by Mark Smith on October 18, 1998 at 10:08:18:
In Reply to: Manhattan Co-op Rent Regulation posted by co-op tenant on October 13, 1998 at 17:19:35:
If you rent your apartment from someone who has purchased the apartment and is a legitimate co-op owner, you are probably not entitled to a renewal lease, and the landlord can ask for any rent that he/she wants. If the landlord brings a holdover proceeding against you, the housing court will determine the reasonable amount of use and occupancy (instead of rent) for the period that you hold over after your lease expires. This may be less than the landlord is demanding from you.
However, if you rent from the sponsor or someone who has succeded the sponsor as the "holder of unsold shares," you may have a right to a renewal at an increase that is not unconscionable. See the housing court decision in Paikoff v. Harris from the New York Law Journal, September 30, 1998, page 28, column 1. You can copy and paste the URL into your browser: http://www.ljx.com/cgi-bin/f_cat?test/ht-docs/ny.archive.html/98/09/093098d6.htm or you can read the full decision, including the footnotes, in the post by Jenny Lawyer in the thread entitled NEWS FLASH...
: I need to get a lease renewal form from my current landlord.
: We live in a co-op. He told our Super that he is going to raise the rent.
: Since it is a co-op, are there legal guidelines as to how high he can raise our rentt, or can he raise the rent as much as he likes?
: Since the building maintenence fee has not gone up this year, can he raise the rent much?
: If the rent is raised to a ridiculous amont, do I have a right to dispute the rent increase at a co-op board meeting?
: Thanks in advance for any help you can provide!
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