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Posted by TenantNet on October 24, 1998 at 09:19:21:

In Reply to: Re: Illegal rent posted by Israel on October 23, 1998 at 23:55:01:

: No lease? Do you at least have the first lease given to you. If no, plan to move and quickly. A building with five apartments is considered a multiple dwelling, but not rent stablized. You can withhold rent and when you go to court for non-payment of rent show documantation (get it from HPD) that the building is not registered. Case will be dismissed.
: You have no rights without a lease. The reason... Even before you can claim repairs, rent overcharge or building registration you will receive a holdover for eviction and be out. This is a bad problem and it won't go away. plan to move and withhold your rent. Make them prove they are the owners.

Not so fast Israel. This may be a complicated situation, but it might be
able to be sorted out. If five units, then it most likely is not regulated,
but what if the Doctor's office is actually a residential unit? It might
qualify for rent regulation and there are cases on that. Some of the older
rent control units still apply in buildings of 3 or more units. (very few,
but some). WIthout a MDR (Multiple Dwelling Registration) from HPD, the
MDW (Multiple Dwelling Law) could preclude any collection of rent. There's
a variety of scenarios and we suggest this tenant do some research first
(more than she's done) and speak with a good tenant attorney.

Follow Ups:

• Re: Illegal rent Par 10/26/98 (3)
  • Re: Illegal rent Israel 10/26/98 (2)
    • Re: Illegal rent Pat 10/27/98 (0)
    • Re: Illegal rent Pat 10/27/98 (0)

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Comments:
: : No lease? Do you at least have the first lease given to you. If no, plan to move and quickly. A building with five apartments is considered a multiple dwelling, but not rent stablized. You can withhold rent and when you go to court for non-payment of rent show documantation (get it from HPD) that the building is not registered. Case will be dismissed.
: : You have no rights without a lease. The reason... Even before you can claim repairs, rent overcharge or building registration you will receive a holdover for eviction and be out. This is a bad problem and it won't go away. plan to move and withhold your rent. Make them prove they are the owners.

: Not so fast Israel. This may be a complicated situation, but it might be
: able to be sorted out. If five units, then it most likely is not regulated,
: but what if the Doctor's office is actually a residential unit? It might
: qualify for rent regulation and there are cases on that. Some of the older
: rent control units still apply in buildings of 3 or more units. (very few,
: but some). WIthout a MDR (Multiple Dwelling Registration) from HPD, the 
: MDW (Multiple Dwelling Law) could preclude any collection of rent. There's
: a variety of scenarios and we suggest this tenant do some research first
: (more than she's done) and speak with a good tenant attorney.


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