There's No Place Like Home - Part 4

Credit Advocates is dedicated to educating tenants on their rights with a continuation to the series: There's No Place Like Home 

Make sure any agreement you have with your landlord is in writing & complies with current laws

If your building is sold to another landlord, he/she may attempt to gain control of your apartment if the agreement you had with the previous landlord is unenforceable. At the most simple level, all agreements must be in writing in order for you to prove that agreement even exists. 

Speak to other tenants

Multiple complaints from several tenants within the same building can not only strengthen a case, but you can save on attorney’s fees and make the landlord’s abuse clear to the court.

Act Quickly

Landlords know that tenants won’t fight hard to hold onto apartments if they’re in bad shape. That’s why it’s imperative to address bad conditions immediately and take aggressive action to protect your rights.

If you have a rent overcharge complaint, don’t go to Homes and Community Renewal 

Things may be improving, but still if you claim an overcharge at the HCR, you won’t be able to challenge the rent amount in Court if your landlord sues you. For decades, the HCR has been the target of major lobbying efforts by landlords, and became the worst forum for tenants. If you've already made a complaint to the HCR, check with a Tenants’ attorney about withdrawing the complaint and bringing your case in Court, where there’s a possibility for a much better outcome.You cannot make the same complaint in both courts - always make it in Housing Court and NOT Homes & Community Renewal. 

Don’t get blacklisted

If you are sued by a landlord, you can be blacklisted when you try to rent another apartment. Housing Court sells the names of all tenants who are involved in Landlord Tenant proceedings to background checking agencies. However, don't panic about getting blacklisted. Typically, unless you have committed a felony in your apartment, this will not happen to you. 

Rent-Regulated Apartments

You and your landlord are at war. Your landlord has a large financial incentive to get you out of your apartment. If you vacate your apartment, your landlord will get a ~20% increase on a two-year lease for a new tenant. This means if you were lucky enough to secure a rent controlled apartment, you need to be vigilant about protecting your rights.

Avoid revealing too much to your landlord & neighbors

If your rent-stabilized or rent-controlled apartment is not your primary residence, you can lose your rights to rent-regulated status and your landlord can evict you. If you have other real estate interests such as rental property, a vacation or second home, don’t let your landlord know it.

If you’re a senior citizen or disabled, look into freezing your rent

Senior citizens and the disabled can freeze their rent if they’re below a certain income ceiling. Often times, the tenant continues to pay their rent at the time of freezing it, and the landlord is compensated for the difference by a tax abatement. 

Visit this site to see how NYC seniors can freeze their rent and the requirements for doing so: http://www.mfy.org/wp-content/uploads/facts/HousingSCRIE(SeniorCitizens).pdf 

If anybody has any eviction or general housing questions, feel free to e-mail me at rsimon@creditadvocates.org - all questions and answers will be posted here on the Credit Advocates blog! 

And as always, protecting your rights begins by knowing your rights!