My landlord is a big bad wolf!

[BL]

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

Read here .

I see rent at $2000.00 per month listed .

You signed an ORIGINAL lease , not rent increase of each year .

The LL hasn't overcharged you .

While you are entitled to rent receipts in any other payment method other than by check ( the law says the LL must provide it ) , this will no where near be a factor in non payment/eviction court .

Why didn't you file a police report when the LL slammed your arm in the door ?

 

[divalicious]

Manipulation of facts?
You signed a contract under your own free will...willingly and under NO legal duress.
What "facts" did *I* manipulate? (It's a rhetorical question - I KNOW you don't like the legally correct answers being given here).

You manipulated the fact that the landlord was the original squirmer. He squirmed out of the $900, and switched the price on me to $1000. As far as legally correct answers..i will tell you what the judge decides. It's funny because I went to court only once so far, and the landlord's attorney approached me about resolving the situation. when i started to tell him why i was withholding the rent...he told me he did not want to go to court that day. he said the landlord would have to be present to answer these serious allegations I was making..he, the landlord's attorney, not me, requested more time to work on this case, he had no defense. apparently his client had not told him about his shady dealings, or the illegal basement apartment. haha hoho

 

[divalicious]

BL,
oh but I do have a police report...but I will bring it up at trial, only if we go there...THAT'S THE SURPRISE..HAHA HOHO

 

[You Are Guilty]

no MR. Guilty

my main defense is that my landlord is overcharging me rent. New York DHCR has everything to do with it, they regulate rent stablized apartments and overcharge. A landlord has to calculate rental increase, as per their regulations. He has to show he came to a certain amount by following their regulations, or they can fine the landlord and order him to pay the tenant the overcharge amout.

Despite my better instincts, I went back and re-read your original post, and still fail to see where you said, or even implied, that this was a rent-stabilized apartment.

However, assuming it is, DHCR does offer some rent protection to rent stabilized tenants. (For example, LL has to provide you with a copy of the RR-2A form he files with DHCR). But the problem I see with your argument is that while there is a 17% cap on a 1-year vacancy lease, there are at least 5-6 other justifiable (DHCR-approved) causes to raise the rent beyond that amount and we don't know whether any (or all) of them apply to you.


PS: Withholding the rent, even on an overcharge, is not the proper response. Filing a complaint in Housing court about it would protect you from the almost certain non-payment eviction proceedings coming down the pike.

 

[divalicious]

Despite my better instincts, I went back and re-read your original post, and still fail to see where you said, or even implied, that this was a rent-stabilized apartment.

However, assuming it is, DHCR does offer some rent protection to rent stabilized tenants. (For example, LL has to provide you with a copy of the RR-2A form he files with DHCR). But the problem I see with your argument is that while there is a 17% cap on a 1-year vacancy lease, there are at least 5-6 other justifiable (DHCR-approved) causes to raise the rent beyond that amount and we don't know whether any (or all) of them apply to you.
__________________

Yes mr. Guilty mr. apartment is indeed rent stablized. I checked with DHCR, they told me, they gave me the rental history themselves, because the landlord failed to do so. Also if the landlord had given me the mandated DHCR vacancy lease RIDER at the signing of the lease i would not be able to use this as a defense. He knew he was hiding something, that's why he did not give me the rider.

The 5-6 other justifiable (DHCR-approved) causes to raise rent that you mentioned was suppose to be provided at the signing of the first vacancy lease. It should have been in the rider. check with DHCR laws and you will see. I have a fact sheet from them to that effect. ATTENTION ALL TENANTS IN NEW YORK STATE: IF YOU LIVE IN A RENT STABLILIZED APARTMENT THE LANDLORD HAS TO GIVE YOU A dhcr APPROVED VACANCY LEASE RIDER TO SHOW HOW HE CALCULATED THE RENT WHEN YOU FIRST MOVE IN. Stop greedy landlords, and illegal overcharge. Check with DHCR to see if your apartment is rent stablized. you can contact dhcr at:

1-866-ASK-DHCR
(1-866-275-3427)

 

[Zigner]

The police report you claim to have will have no bearing what-so-ever in housing court

 

[You Are Guilty]

Did LL not file the paperwork with DHCR at all, or did he just not give you your own copy?

If he did file with DHCR (it sounds like he did, and you subsequently got a copy of the papers), then what exactly did he list as his justification(s) for raising the rent to the amount he did? Like I said, DHCR permits a number of additional reasons to raise rents beyond the 17% figure.

 

[divalicious]

Zig,
u are a lost cause, u will defend the landlord no matter he does...and i think i know why...can u say lI am a andlord..haha hoho.

Did LL not file the paperwork with DHCR at all, or did he just not give you your own copy?

If he did file with DHCR (it sounds like he did, and you subsequently got a copy of the papers), then what exactly did he list as his justification(s) for raising the rent to the amount he did? Like I said, DHCR permits a number of additional reasons to raise rents beyond the 17% figure.
__________________

good question guilty,

actually the only thing filed with dhcr was the new rent amount of $1000 entered as vacancy lease. No repairs or nothing was indicated. The DHCR rep checked the computer, Nothing. they gave me a print out..the reason indicated for the increase was vacancy lease...which legally entitles the landlord to the 17% on my one year lease. it puts my rent somewhere at $850-$900. haha hoho...The landlord owes me overcharge rent.

I got a copy of the papers from DHCR, I was suppose to get it from the landlord in the LEASE RIDER at the signing of the first lease. HE IS GUILTY OF NOT PROVIDING ME WITH A RIDER! haha hoho hehe

 

[Zigner]

Zig,
u are a lost cause, u will defend the landlord no matter he does...and i think i know why...can u say lI am a andlord..haha hoho.

How is telling you that an unrelated criminal matter won't have a bearing in housing court DEFENDING somebody?

You really need to lay off the sauce...

 

[divalicious]

How is telling you that an unrelated criminal matter won't have a bearing in housing court DEFENDING somebody?

You really need to lay off the sauce...

Zig,
the landlord defender strikes again. LOL


Zig, may I call you Zig? Haha Hoho hehe

Oh contraire! The criminal complaint wiill have a bearing when i countersue the landlord for damages..haha hehe

remember not only do i have a police report, i have a medical report as well.
landlords should keep their anger in check. Don't attack tenants for rent you overcharge for.

 

[Gail in Georgia]

Since you seem to feel you know all the answers, why are you bothering to post here in the first place?

Gail

 

[Zigner]

Zig,
the landlord defender strikes again. LOL


Zig, may I call you Zig? Haha Hoho hehe

Oh contraire! The criminal complaint wiill have a bearing when i countersue the landlord for damages..haha hehe

remember not only do i have a police report, i have a medical report as well.
landlords should keep their anger in check. Don't attack tenants for rent you overcharge for.

Your suit for "damages" will not be heard in housing court.

 

[divalicious]

Since you seem to feel you know all the answers, why are you bothering to post here in the first place?

Gail

well gail i posted here to get some different opinions and points of view from a tenant perspecive... but i did not realize there is a pro landlord bias here just as in court. my goodness seems like the people who have responded to my postings are all lanldords here to find info on how to milk money, and scr*wover their tenants. it's not right..landlords get powerful attorneys to go after defenseless tenants, and in many cases the landlord is wrong. if the landlord is always right...where is the fairness in that.

Mr. zig,
listen I don't really care if the judge hears my case about the assault on my arm, by my lanlord, my goal is not to get money from the guy...but i will tell so the judge knows what kind of person he is. I just want this landlord to admit that he did bait and switch on me, and he was intentionally overcharging me rent. That's not right. He does not even have to give me cash back, i want overcharge to go to future rent. i just don't want a landlord taking advantage of me to fund his lavish lifestyle. IT IS NOT FAIR! IF YOU ARE GOING TO RAN A BUSINESS IN NEW YORK, YOU SHOULD RAN IT ETHICALLY!

 

[Alaska landlord]

I refuse to follow this silly post, but I can vouch that Zigner does not have a landlord bias.

The same cannot be said about me.

 

[divalicious]

I refuse to follow this silly post, but I can vouch that Zigner does not have a landlord bias.

The same cannot be said about me.

All I have to say about that is haha hehe hoho!

it's been confirmed zig has a landlord bias...I knew it, i knew it...haha

say it ain't so zig.....LOL

thanx for the confirmation alaska landlord, how is my girl sarah (lipstick) palin doing up there in alaska...tell her I said hi!

the only difference between a pitbull and a hockey mom is lipstick. haha Now where can i find some lipstick, i need to paint my landlord (in court) as the deceptive manipulating crook that he is...LOL

there is nothing silly about an unethical landlord alaska....SHOUT OUT TO ALASKA AND trig and TRACK palin!