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Re: $950 RENT INCREASE for non-rent stabilized apt.

Posted by Mark Smith on September 29, 1999 at 14:58:56:

In Reply to: $1000 RENT INCREASE for non-rent stabilized apt. posted by Ayo Roach on September 29, 1999 at 14:21:16:

It's possible that the notice was sent late, and possibly not in accordance with the terms of the lease, but that would only delay the effective date of the rent increase. You should try to negotiate a smaller increase with the landlord.

The landlord might lose rent for a month or two if you move. Of course, it will cost you time and money to pack, move, unpack, installation costs for phone, cable, and possibly the internet, likely brokerage fees, etc.

You should check to see what rents are for comparable apartments in your neighborhood. This will help you in your negotiations with your landlord. It will also help you in a holdover proceeding in housing court. You have not agreed to the rent increase, so the landlord should not be able to bring a non-payment proceeding.

In a holdover proceeding, the landlord will ask for use and occupancy, instead of rent, while you hold over, and it will be up to the housing court judge to determine a reasonable use and occupancy. Your comparables should help the judge set the U & O lower than what the landlord is asking. You could also submit a counterclaim for rent previously paid because of the mouse infestation.

You should also check with DHCR to see if your apartment is rent stabilized. Just because there only five units now doesn't mean that there were only five units on the base date.

: As of October 1st, 1999 my rent will go from $1550 to $2500. My landlord notified me of this increase on September 1st, one month ago. I live in Fort Greene, Brooklyn, NY in an area where the property value is increasing steadily. I have lived here for 5 1/2 years in a 5-unit building that is not rent-stabilized. My lease expires on September 30th, tomorrow. I have not yet signed the new lease with the increase and want to fight this. It is outrageous as we have a mouse infestation problem. What can I do to contest this?

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