TenantNet Forum

Where tenants can seek help and help others



Rent increases based on renovations without valid CO

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

Moderator: TenantNet

Rent increases based on renovations without valid CO

Postby missL48 » Wed Mar 29, 2023 12:08 pm

Hi everyone!

Your help is always greatly appreciated. Attached is a housing court decision regarding a building that doesn't have a certificate of occupancy since 2003 after landlord illegally divided apartments which added additional 2 apartments to the building.

Based on this decision landlord attempt to evict rent stabilized tenant based on non payment was dismissed. The real question is since this decision confirms that the building didn't have a valid CO since 2003 and landlord was barred from collecting rent since (although he rented and collected rents from all units), wouldn't that also imply that all the illegal rent increases based on renovation to rent stabilized apartments in the building were illegal? wouldn't that mean that the last legal rent is rent from 2003?

Landlord applied renovation increases and allegedly renovated the building when the building doesn't hold a valid CO (still doesn't hold one). Landlord appealed the case and lost again and is barred from collecting rent.

Was landlord allowed to increase rent in rent stabilized apartments without valid CO?
missL48
 
Posts: 13
Joined: Tue Oct 17, 2017 6:04 pm

Re: Rent increases based on renovations without valid CO

Postby TenantNet » Wed Mar 29, 2023 12:48 pm

There is no decision attached to your post. If you can try it again, please make sure it's a PDF. If recent, give us the docket number where we can look that up.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10306
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Rent increases based on renovations without valid CO

Postby missL48 » Wed Mar 29, 2023 1:16 pm

West 48th Holdings LLC v Eliyahu (2019 NY Slip Op 51066(U)).pdf


Im trying to attach Judge Theron's actual decision as well the file is too big ill try to decrease it. attached you'll find the appallet court final decision
You do not have the required permissions to view the files attached to this post.
missL48
 
Posts: 13
Joined: Tue Oct 17, 2017 6:04 pm

Re: Rent increases based on renovations without valid CO

Postby missL48 » Wed Mar 29, 2023 1:21 pm

See attached
You do not have the required permissions to view the files attached to this post.
missL48
 
Posts: 13
Joined: Tue Oct 17, 2017 6:04 pm

Re: Rent increases based on renovations without valid CO

Postby TenantNet » Wed Mar 29, 2023 2:03 pm

OK, that helps. The case started here (under a different docket number):
https://iapps.courts.state.ny.us/nyscef ... sPageNum=1

I will try to look at it. But nag me if I forget :)
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10306
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Rent increases based on renovations without valid CO

Postby missL48 » Wed Mar 29, 2023 2:04 pm

Thank you SO MUCH!
missL48
 
Posts: 13
Joined: Tue Oct 17, 2017 6:04 pm

Re: Rent increases based on renovations without valid CO

Postby missL48 » Wed Mar 29, 2023 2:06 pm

You're looking at the wrong case. The case that you're looking at is the landlords latest attempt to harass the tenants which he quickly dismissed after tenants responded with a letter.
You do not have the required permissions to view the files attached to this post.
missL48
 
Posts: 13
Joined: Tue Oct 17, 2017 6:04 pm

Re: Rent increases based on renovations without valid CO

Postby TenantNet » Wed Mar 29, 2023 2:19 pm

Again, I'll dig into all this a bit later. Sorry, but it's budget season in Albany.

Please nag me at tenant @ tenant.net (or here) if I forget.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10306
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Rent increases based on renovations without valid CO

Postby missL48 » Wed Mar 29, 2023 3:43 pm

Thank you! I hope to hear from you!
missL48
 
Posts: 13
Joined: Tue Oct 17, 2017 6:04 pm

Re: Rent increases based on renovations without valid CO

Postby missL48 » Thu Mar 30, 2023 9:12 am

Please help :)
missL48
 
Posts: 13
Joined: Tue Oct 17, 2017 6:04 pm

Re: Rent increases based on renovations without valid CO

Postby TenantNet » Thu Mar 30, 2023 11:06 am

I didn't mean nag me the same day.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10306
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Rent increases based on renovations without valid CO

Postby missL48 » Thu Mar 30, 2023 1:43 pm

Oh apologies.

I only have one simple question that is whether a landlord allowed to renovate and increase rents in rent stabilized apartments without a COO? When technically without a COO he's barred from collecting rent and renting out apartment in the building. I don't want to waste your time going through all the court decisions.
missL48
 
Posts: 13
Joined: Tue Oct 17, 2017 6:04 pm

Re: Rent increases based on renovations without valid CO

Postby missL48 » Thu Sep 28, 2023 1:07 pm

?
missL48
 
Posts: 13
Joined: Tue Oct 17, 2017 6:04 pm

Re: Rent increases based on renovations without valid CO

Postby TenantNet » Thu Sep 28, 2023 5:19 pm

A quick reply, otherwise I have about 15 people ahead of you -- I'm behind having been under the weather. I apologize for the delay in responding.

I only have one simple question that is whether a landlord allowed to renovate and increase rents in rent stabilized apartments without a COO? When technically without a COO he's barred from collecting rent and renting out apartment in the building.


Can they renovate, i.e., do the actual work? That depends on what they are doing. Some renovations require valid DOB permits. That is always true. Not having a CO for some work in the basement does not mean they can't do work in an apartment higher up. DOB has to approve it. As for increasing rents, that's for DHCR to decide.

Looking back at your initial question, and I'm not going back rereading all you posted, I think you're asking the wrong question. If a LL does not have a current or valid CO, they they are prohibited from maintaining a proceeding for non-payment in housing court.

That does not mean they can't raise the rent (a function of DHCR or renewal leases), collect rents or make other improvements where building permits are not required. It means they can't sue for the rent. If they try to sue, the tenant can move to dismiss on that basis.

I have a lot of material on this - too much to upload or read. But look at this recent article from the NY Law Journal. The author is a LL lawyer from an Eviction Mill law firm (keep the LL bias in mind). Tenant attorneys might have different opinions.

https://kuckermarino.com/wp-content/upl ... ournal.pdf

This all comes from Multiple Dwelling Law Sec. 302. Google it. It cites the Chazon decision. Google it.

One attorney said:

We need to take a strict position on MDL 302 in general, and the Courts are becoming stricter. Chazon LLC v. Maugenest, 19 N.Y.3d 410 (2010) (Court sympathized with landlords but called for strict compliance with MDL, Sec. 302). The strict compliance standard under Chazon does not apply only to lofts, but to all residences. Matter of GVS Props. v. Vargas, 172 A.D.3d 466 (1st Dept. 2019); Matter of Eom Ben Realty Corp. v. NYC Loft Bd., 2019 NY Slip Op 08188 (2nd Dept. 2019); Hameroff v. Swaminathan, 63 Misc.3d 159(A) (AT 2 2019).


Here's one recent case ... See the decision (although there might have been subsequent litigation) at https://iapps.courts.state.ny.us/nyscef ... FZBVsk0A==

which mentions Chatsworth 72nd St Corp. v. Rigai as an exception.

Here are a few links of interest:
https://www.nycourts.gov/reporter/3dser ... _50396.htm
https://nycourts.gov/reporter/3dseries/ ... _03549.htm
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10306
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Rent increases based on renovations without valid CO

Postby missL48 » Thu Sep 28, 2023 6:44 pm

Based on multiple dwelling law it mentions that landlord is barred from collecting rent when there’s no COO for the building. If there’s no COO, and landlord does major renovations like splitting apartment and reassigning new apartment numbers to these apartments to “erase” rent regulated history of these apartments without valid permits how can landlord increase rents on a building that doesn’t have a COO?

https://law.justia.com/cases/new-york/a ... 066-u.html
Last edited by missL48 on Tue Oct 03, 2023 2:50 pm, edited 1 time in total.
missL48
 
Posts: 13
Joined: Tue Oct 17, 2017 6:04 pm

Next

Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: No registered users and 45 guests