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Re: Renter NOT rent regulated ..in a coop

Posted by Richard on July 27, 1999 at 11:30:53:

In Reply to: Re: Rent-regulated in a building converted to coops posted by Anna on July 27, 1999 at 00:01:07:

Anna;

If she is an unregulated renter in a co-op then she's screwed.

They can and do or change the rules at will, they don't even have to talk to renters
The co op board will only deal with the owner, and if you break a rule and get fined
you don't even have the right to defend yourself in front of the co-op board because you are vermin
....you are a renter... and the owner will get the fine added to his monthly maintenence bill.

that is why co-ops are much cheaper then condos......

-----------------------------------------------------------------------------

: Assuming you're apt is rent-stabilized (or -controlled):
:
: : My building went co op about 15 years ago and I couldn't afford to buy.
: : About half the tenants bought and many of these later sold to new people.
: : These new people have over the years made major capital improvements to the
: : building which have upped my rent substantially.
: *****************
: Your rent cannot be increased above the annual RGB amounts (e.g.:2%/4% this year) UNLESS DHCR grants their application. You, the tenant, can fight it at every stage. See the DHCR section on TenantNet or goto DHCR's website or office. No 'hardship' increases are allowed, ever. And no MCI increases are allowed IF they paid for the item from the Reserve Fund. Only MCI's paid for by special assessments to the shareholders can be passed along to non-purchasing tenants.

: : They developed "house rules" which they didn't publish to us renters until
: : just recently.
: : I have a cat who I take in and out of the building on a regular basis, at least
: : twice a day. They are making all kinds of unreasonable demands about this, and
: *****************
: They cannot reduce any services to, or remove any rights of, any rent-regulated tenant, whether they are considered 'essential' by DHCR (file a reduction of services complaint) or not, and whether they are written in your lease or not. In addition to the Rent Stab and/or Rent Control laws, the Martin Act guarantees it. You'll have to sue them, of coursse, or threaten to, the OAG won't do it for you. The Martin Act (General Business Law, Article 23a, Section 352-eeee) controls the conversion (and after-effects) to coop/condo: it's also called 'GBL 352eeee': goto the Attorney General's website http://www.oag.state.ny.us/ for other helpful info: they have a CoopConversion brochure they can mail you.

: Two important excerpts:
: 3. All dwelling units occupied by non-purchasing tenants shall be
: managed by the same managing agent who manages all other dwelling units
: in the building or group of buildings or development. Such managing
: agent shall provide to non-purchasing tenants all services and facili-
: ties required by law on a non-discriminatory basis.
: 4. It shall be unlawful for any person to engage in any course of
: conduct, including, but not limited to, interruption or discontinuance
: of essential services, which substantially interferes with or disturbs
: the comfort, repose, peace or quiet of any tenant in his use or occupan-
: cy of his dwelling unit or the facilities related thereto. The attorney
: general may apply to a court of competent jurisdiction for an order
: restraining such conduct and, if he deems it appropriate, an order
: restraining the owner from selling the shares allocated to the dwelling
: unit or the dwelling unit itself or from proceeding with the plan of
: conversion; provided that nothing contained herein shall be deemed to
: preclude the tenant from applying on his own behalf for similar relief.

: : I wondered if anyone knew of a real estate or civil liberties attorney I could
: : consult as to what constitutes a "reasonable" demand of a co op board that a
: : renter like me would be obliged to obey.
: : Also, there are penalties for disobeying certain rules, $100 or $250. How
: : would they collect such penalties?
: *****************
: They cannot invent NEW rules & NEW penalties.

: Whatever happened to the Tenants Association and it's lawyer?: maybe it is time to revive it! You did have one during the conversion, didn't you? How many other renters are there: 10%, 40%?

:
: : Thanks.
: ******************
: anytime


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