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Re: Rent increase - unregulated apartment

Posted by Mark Smith on September 29, 1999 at 12:13:18:

In Reply to: Rent increase posted by Matt on September 29, 1999 at 11:55:25:

If you are not rent regulated, you have no right to a renewal lease, unless your lease contains a renewal option. It becomes a practical matter for you and the landlord. How much rent, if any, will the landlord lose if you move out? And how much will it cost you to move (packing, moving, unpacking, brokerage fees, installation fees for phone, cable, internet, etc.)?

You could sue in small claims court or civil court because of problems with the elevator and the incomplete lobby. You could also complain to HPD Code Enforcement and particularly to the Department of Buildings.

You could also make life difficult for the landlord by reporting the alleged prostitution to the District Attorney, the local police precinct, and NYPD's Public Morals Division (PMD). The DA will usually force the landlord to evict the tenant of the apartment where the prostitution is going on. RPAPL 711(5) covers eviction for prostitution, but eviction should be much easier where the apartment is unregulated, because the lease has an expiration date, probably with no option to renew.

: I have a one year lease which expires at end of November. The landlord has said if we wish to renew the lease there will be a 7% increase. I am against this as there have been so many problems with the building this year and the lobby and elevator are still not complete. I am willing to argue with him and I believe I have a good threat/argument as there are illegal activities (prostitution) being operated in the building which he is aware of. Do I have a good case to negotiate no increase in rent with him? Are there any specific laws I can draw his attention to?

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