Late increases

[upperwestsider]

my ll never increased the rent for the past 5 years...but he just gave me my lease and made all the past 2% increases all in one year...so he increased my rent more than 10%....

can he do this?

[NYHawk]

not if your rent regulated. if a landlord could have charged a higher rent but did not the right to charge the higher rent is forever waived. reject and send back the lease renewal and file a complaint with DHCR.

[consigliere]

See Lease Renewal Disputes: A Guide, by William Rowen.

Also see Rent Stabilization Code (RSC) §2523.5(c)(1) for more information.

[upperwestsider]

thanks...can you tell me the exact law so i can tell my landlord

[consigliere]

upperwestsider asked:
 
thanks...can you tell me the exact law so i can tell my landlord
 
 
Rent Stabilization Code (RSC) §2523.5(c)(1) is all you need to tell your landlord. If he doesn't back off, you can file a complaint with DHCR, which will use that section of the RSC to process the complaint.
 

[geoffnet]

Just to be clear, if you're rent regulated, and you haven't been getting lease renewals every 1-2 years then your LL is not entitled to any increases whatsoever until he presents you with a renewal lease. If he has been giving you renewal leases but has NOT raised the rent, then he can only raise it now for the current RGB increase (2% for 1 year and 4% for 2 years). If you 're not rent regulated then he or she can raise it to whatever he or she wants. Do not pay the increase and file a complaint of overcharge with the DHCR (you can dowload the form from their website www.dhcr.state.ny.us, go to rent administration forms, again this is if your rent stabilized).