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Posted by Anna on May 06, 1999 at 09:48:10:

In Reply to: What are my Rights? posted by Jared on May 02, 1999 at 04:58:35:

: I moved into this apt. 1 year ago within a month of me moving in I started to have problems with the ceiling caving in, I had a Glass entry door that was supposed to be replaced with a steel door, my mail box was in another building and was being shared with another tenant, and many other code violations. After complining for three months I started to withhold my rent and little by little the repairs have been made, but I've had to live in a construction zone for the past 9 months and now I find out that my apt is zoned as commercial property but I have a residential lease and now that thats up I've been asked to sign a commercial lease... Should I sign it or is there some action I can take against my Landlord for giving me a residential lease for a commercial residence? also do I have a right to a rent reduction for have to live in a Construction zone for the past 9 months? Any Help would be Greatly Appreciated.

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Even if the building is zoned 'commercial', that your first lease is residential should control your second lease. Read you residential lease carefully: what does it say about renewals? Check the rental status of your building & your apt first with DHCR, in person (bring your lease and a current Con Ed or Tel bill), also go to Dept of Buildings for the Certificate of Occupancy. With these, you should know if the apt/building is covered by Rent Stab or Loft regulations or nothing. Then take all your paperwork to a community tenant organization or a lawyer & ask them about your renewal status. More and better information is available on Tenant.net: use the search feature here for similar questions, read the info available from Tenant.net homepage.

Warranty of Habitability is the name of the right of a safe residence: you'll find many discussions and suggestions searching on 'habitability'.

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: : I moved into this apt. 1 year ago within a month of me moving in I started to have problems with the ceiling caving in, I had a Glass entry door that was supposed to be replaced with a steel door, my mail box was in another building and was being shared with another tenant, and many other code violations. After complining for three months I started to withhold my rent and little by little the repairs have been made, but I've had to live in a construction zone for the past 9 months and now I find out that my apt is zoned as commercial property but I have a residential lease and now that thats up I've been asked to sign a commercial lease... Should I sign it or is there some action I can take against my Landlord for giving me a residential lease for a commercial residence? also do I have a right to a rent reduction for have to live in a Construction zone for the past 9 months?   Any Help would be Greatly Appreciated.

: ********

: Even if the building is zoned 'commercial', that your first lease is residential should control your second lease.  Read you residential lease carefully: what does it say about renewals?  Check the rental status of your building & your apt first with DHCR, in person (bring your lease and a current Con Ed or Tel bill), also go to Dept of Buildings for the Certificate of Occupancy.  With these, you should know if the apt/building is covered by Rent Stab or Loft regulations or nothing.  Then take all your paperwork to a community tenant organization or a lawyer & ask them about your renewal status.  More and better information is available on Tenant.net: use the search feature here for similar questions, read the info available from Tenant.net homepage.

: Warranty of Habitability is the name of the right of a safe residence: you'll find many discussions and suggestions searching on 'habitability'.


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