The rent laws in New York City are complex. There is the Rent Stabilization Law (RSL) and Rent Stabilization Code (RSC). There are the rent-controlled buildings. There are rent-stabilized buildings. There are preferential rents and there are legal rents. Some of this is overseen by the New York Division of Housing and Community Renewal (DHCR), a state agency. There is also the Rent Guidelines Board. And there are many confused tenants.

An important item for any tenant is their lease. If your apartment is subject to rent stabilization, the lease should include a rider that details the rights and obligations of tenants and landlords in rent stabilized apartments. It is an 11-page document, created by the DHCR, and begins with a section headlined: “VACANCY LEASE RENT CALCULATION.”

This document is useful, as it points out various tenant rights under the law, although it is not all inclusive, it is nonetheless a good starting point. 

To find out if you are in a rent-stabilized apartment, you can also check various state or private websites that allow you to put in your address and find out if your apartment is subject the RSL.

If your rent is stabilized, it typically means that you live in a building that was constructed before 1974 and that rents for less than $2,700 per month. These buildings have rent increases limited to the amount sent by the Rent Guidelines Board. This board determines the rate of increase annually, and last summer, for the first time since its creation in 1969, they allowed no increase for 1-year leases.

With all of these laws and agencies, understanding your lease and your rental expenses can be difficult. As a renter, if your rent has increased sharply in spite of the stabilization laws, you may need to speak with an attorney who works with clients involved in landlord-tenant law, to determine if the increases were legal.

Source: propublicia.org, “Rent Limits Just a Fiction for Thousands of NYC Tenants, Records Disclose,” March 10, 2016

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It is not an unusual story in Brooklyn or anywhere in New York City. The tenants of a building have problems with the landlord or management. They claim that there is damage to the building, that there are unsafe conditions and that their complaints to the landlord are ignored.

In the circumstance of a rent-stabilized building, they may claim that the landlord is attempting to force them to “voluntarily” surrender their leases so that the rent-stabilization can be ended and the property can be rented at higher current market rates.

In a recent case, they complain that a stairway is unsafe, as it lacks a railing and that they had a plumbing leak that began on the sixth floor and ran down to the first floor. An assemblyman states the landlord has “viciously harassed” the residents in an effort to force them from the building.

This would not be the first time a landlord has attempted to drive tenants from a building in the expectation of being able to increase their revenue from the property. Landlords do have obligations to maintain their property.

Tenants do have certain legal protections in rent-stabilized buildings and speaking with an attorney first before taking any action on your own can help ensure that your actions are lawful and will avoid claims that you breached your lease.

While you can file a complaint with the Division of Housing and Community Renewal (DHCR), the regulations and forms can be complicated to deal with and an attorney can quickly identify your potential options and help with obtaining a remedy.

Some landlords are merely slow and unresponsive to tenant complaints while others may be attempting to force tenants out of a building.

Source: newyork.cbslocal.com, “Tenants Of Rent-Stabilized Apartment In Brooklyn Outraged Over Management,” Carol D’Auria, March 5, 2016

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In most major cities, the housing market has tightened to a point where many individuals find themselves in challenging situations. Throughout Queens, people often choose to sublet a rent-controlled or rent-stabilized property rather than risk losing such a valuable asset. Unfortunately, it is not uncommon for a landlord-tenant dispute to arise.

In a city where sublets or subleases are a common solution, tenants must be wary of crucial mistakes and errors in decision-making. By subletting a property, a tenant opens himself or herself up to a wide array of disputes or legal trouble.

Luckily, you’re not the first person to try to sublet a property.

The New York City Rent Guidelines Board (RGB) provides research and resources to New York residents on a broad array of topics. They provide three crucial tips for tenants to consider when thinking about subletting a property.

• Choose a subtenant who will pay the rent and not endanger your ability to return to the apartment.
• Execute a sublease with your tenant.
• Follow all of the necessary steps to win approval from your landlord for the sublet.

Attempting to circumvent your building’s rules can result in disaster. The process for subletting a property is much more complex than arriving at a verbal agreement regarding the payment of rent. If a subtenant violates rules or fails to pay rent, it can be months before the communication makes it to the tenant.

Whether you are the tenant or the landlord, an experienced attorney can provide the guidance and legal representation you need. Don’t hesitate to learn more about the legal options that exist in your specific situation.

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