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Incorrect # of Units

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Incorrect # of Units

Postby octopusarms » Tue Dec 03, 2019 5:53 pm

I've been a month-to-month tenant in my apt for 13 years. Only three non-consecutive years have I had a lease. The building has five units on three floors.

The building is very old and has several non-urgent but clearly not up-to-code issues. I have to bug the LL to do repairs, which I understand is the cost of having a cheap apartment.

I heard from a neighbor in the building that they plan to renovate the whole building and vacate the bldg in the new year, but this is all secondhand and the landlord has said nothing to me. I figured I would cross that bridge when I come to it, understanding I don't have any rights as an M2M.

Last month, National Grid turned off our gas because they couldn't update our meters. When I contacted them, they said that there were only two meters for the whole building, which is not right. When I look on HPD and any other official registration, any official record of the building notes that is has 2 units on three stories. There are 5 units, and 5 mailboxes in front of the building. LL ultimately had the gas turned back on somehow, but has begun replacing the stoves in two of the units (but not mine).

MY QUESTION: Is this issue with the incorrect # of units a big deal? Should I bring this up? Is it leverage if and when I'm asked to move out?
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Re: Incorrect # of Units

Postby TenantNet » Tue Dec 03, 2019 6:48 pm

First, you say that the bldg has 5 units. Do you think that at any point, past or near present, that the building might have had 6 units? Were any units combined that might have reduced the count from 6 to only 5 units? Were any older tenants rent stabilized?

If so, there might be an argument that all units in the building should be rent stab. There is case law on this, so that's the first thing I would look at. See if any units were combined, even going back to when the building was constructed.

If you send us the address of the building by Private Mail (don't post it publicly), we can take a quick look.

Yes, bugging is norm for someone who is not RS. Depending on how you do it, bugging will not always elevate a situation to the point where they want you out.

If you are not RS and are only M2M, then you do have rights as to the timing of a notice that you would need to move. With the new law, that time has increased. But it will not guarantee your right to stay.

I would start doing some quiet research now, ASAP.

I can't fathom what is going on with your gas situation. It could be something that might be material, but without a full look at things, I can't say. I can say you should not - at this time - make a fuss to the LL. Do a lot of quiet research. You don't want to have the LL try to get you out now.
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