Posted by Par on October 26, 1998 at 16:50:01:
In Reply to: Re: Illegal rent posted by TenantNet on October 24, 1998 at 09:19:21:
: : 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.
Thanks for the reply. Further research revealed buldgs. were one ( a dance hall), still share boiler, owner, gas meters, water meters etc. but in 1942 two c of o's were applied for (lot # has clearly been altered on one for 195 aka 61, but I guess no one paid attention back then). However, my bldg is still a three family. There are three apts here and have been for a minimum of 30 years. HPD was no help and insisted it is not a multiple dwelling because c of o from 1942 says it is a two-family with a store. I still can't understand why these people are paying the same $163 rent for as long as 50 years in some cases if these apts. are not rent controlled. And why am I paying so much more? Landlord admitted legal rent is $163, but I have no proof of this. Now they have removed water meters from bldg. exterior and painted exterior and put lights in the hallway. I know something is wrong here. I don't think I can get any more info because I have looked through bldg. folder which covers year 1894 until 1943. After 1943 there is nothing. I have decided to refuse them the rent increase of $100 and ask them what my rent should be etc. ( I will ask through their attorney) and see what happens from there. If you have any further tips, please let me know and I will let you know how this turns out.
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