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Does LL have to provide address to mail check?

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

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Does LL have to provide address to mail check?

Postby kristenp » Tue Jul 09, 2019 1:42 pm

It's annoying, but when I signed the lease, I didn't notice that the landlord was using the rental property address as her address (not just the building- my specific apartment number). And she's insisted that every month I meet her in person to provide the rent check, which is a hardship in a lot of ways.

I've asked for an address so that I can get the checks automatically mailed multiple times and she's refused to provide one. Is this something I can insist upon? I also plan to sublet my apartment for a couple months while traveling, and so I need an address to send the certified mail regarding a subtenant.
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Re: Does LL have to provide address to mail check?

Postby kristenp » Tue Jul 09, 2019 1:44 pm

Similarly, does she need to provide a rent statement every month?
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Re: Does LL have to provide address to mail check?

Postby TenantNet » Tue Jul 09, 2019 2:00 pm

You don't have to meet the LL to send in the rent. Does the lease indicate the LL's address anywhere?

Does the lease have a clause about how notices are to be sent? Most leases have that, and it's usually by certified mail. Of course the LL can have their office anywhere, including their basement or bedroom ... just not yours.

If the building as 3 or more units (which it must if you are rent stab), then it's also required to be rent stabilized. If you withheld rent and the LL took you to court, they would have to have an address at that point.

I would hand deliver a letter to the LL the next time, and the letter should say that if they want rent the following month, they will supply a mailing address, otherwise you'll keep it in escrow until you do get a mailing address.

AFAIK, there is no requirement to provide a bill or statement. But LL's must provide a receipt if payment is anything other than a personal check. See https://codes.findlaw.com/ny/real-prope ... 235-e.html

Also see https://www1.nyc.gov/assets/buildings/p ... rights.pdf
(page 7)
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Re: Does LL have to provide address to mail check?

Postby kristenp » Tue Jul 09, 2019 7:29 pm

Thanks for this.

It's a standard rent stabilized lease, I think, except that for "Owner's Address for Notices" on the top, it lists MY address. Down to the apartment number. Things have gotten tense recently because a month ago, I noticed that in addition to some windows missing window guards entirely (which I'd known about), the windows that did have them- they were just for show- nothing was securing them in. This was super scary since I leaned out to water some flowers and one toppled to the street. All of them were like that- not secured in with any screws, and I have a preschooler so asked her to fix it. And she so far has not.

She's starting to complain about us more too- my son makes too much noise playing in his room. My dog, who is 12 and lived 10 years in NYC without a single complaint, barks too much, etc. I'd rather have as little interaction with her as possible.

I am on vacation and rent is due. And she's going to try to charge me a late fee, since I won't be back from vacation to deliver rent in person on time. By text today, I offered to send rent by overnight mail to whatever address she provides. But she refused. "In a building you don't own, you don't get to make the rules. Plenty of landlords choose to collect rent this way." So I told her I'd send the rent, as required by the lease to my own apartment address. That since she didn't have access to my mailbox, I'd hold the checks in escrow until she provides me with an updated address.
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Re: Does LL have to provide address to mail check?

Postby TenantNet » Wed Jul 10, 2019 12:29 am

So the lease does have an address for the LL? Why not use that? I would verify it's a real address and that the owner lives or does business there.

Window guards - do you mean the one for tenants with children? Otherwise they are not required (by the city). Yes, it's the LL's job, but you could screw them in yourself. Or call 311 and put in a complaint. But if it's a question of safety for your kid, I'd do it myself. (of course document it with video showing the conditions beforehand).

For noise, be mindful of how it affects other tenants. but this could just be the LL being a jerk.

For the rent, I would ignore the late fee as you don't have an address to mail it. Or you could mail it (using the LL's address on the lease), but send it using Certificate of mailing to get a postmark and record. Do not spend the money on overnight mail.

Or yes, you could send it to yourself, or just hold it until you get and address.

BTW, have you gotten copies of the DHCR yearly registration? You can FOIL DHCR to get copies going back to 1984 (or a computer print-out). That should also have the owner's address.

I can think of a number of things that could follow from this situation. First, this sounds like the LL might be trying to avoid paying taxes, personal and otherwise. I'm sure the IRS would love to know about this.
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Re: Does LL have to provide address to mail check?

Postby kristenp » Wed Jul 10, 2019 9:12 am

The only address listed for the LL is mine. It's the address I'm supposed to use to pay rent and the address to send notices to the LL. That doesn't so much work when the landlord doesn't have legal access to my mailbox since they don't live at the apartment.

Will take all your advice. I do have a copy of the rent registration and it does seem legit- has been rent stabilized apt for years and increases broadly match up. But bizarrely, it uses my address for the notice address. I don't even know person I deal with as landlord's full legal name since official landlord is "The Estate of... XY"

Last question: she keeps refusing to replace the doorknob to the living room and bedroom. In my opinion, this is a safety hazard, because if the knob falls off (like it often does) when there's an emergency, you could be trapped in that room and unable to escape. I've asked that it be replaced for over a month. Is this something I can pay someone to do and deduct from rent at this point?

Thanks. Sorry for all this randomness.
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Re: Does LL have to provide address to mail check?

Postby TenantNet » Wed Jul 10, 2019 9:55 am

You said above there was one instance - for notices - that the LL lists their address. You have to be clear on forums - we are not mind readers.

Have you checked ACRIS? https://a836-acris.nyc.gov/CP/

Pay and deduct is tricky. I would start by calling 311, at least get it on record.
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