Illegal Rent Increase

[facerw]

What is the name of your state? New York

I just moved into a two bedroom apartment with my wife. I wanted to place a satellite dish on my deck and my house rules says it's ok but I cannot physically attach it to the building (Which is cool.)

Well I presented my request and said that under the rules of the OTARD, you must comply. They responded by slapping an additional $50 charge against me on my rent which I have to pay per month.

Can they do this even though my rent says $1350? How can I challenge it and how can I make the management company honor it's contract?

 

[HomeGuru]

What is the name of your state? New York

I just moved into a two bedroom apartment with my wife. I wanted to place a satellite dish on my deck and my house rules says it's ok but I cannot physically attach it to the building (Which is cool.)

Well I presented my request and said that under the rules of the OTARD, you must comply. They responded by slapping an additional $50 charge against me on my rent which I have to pay per month.

Can they do this even though my rent says $1350? How can I challenge it and how can I make the management company honor it's contract?

**A: on what basis are they charging you the $50 since you have not yet placed the dish anywhere.

 

[facerw]

I guess they don't like people bringing up the law in their own offices. That's my guess.

Again I mentioned that according to the FCC it was legal but they won't comply. So that's why they charged me that $50 additional rent. I don't like to be intimidated or threatened.

All I wanted to do was to place it on a tripod (which is legal) and to watch tv. I didn't want to pay this apartments own satellite person $300 to use MY OWN RECEIVERS.

 

[HomeGuru]

I guess they don't like people bringing up the law in their own offices. That's my guess.

**A: no that does not cut it, there has to be a legal basis ie, default of the lease or house rules to legally fine a tenant. Where is their basis in writing?
******

Again I mentioned that according to the FCC it was legal but they won't comply. So that's why they charged me that $50 additional rent. I don't like to be intimidated or threatened.


**A: see above.
*****
All I wanted to do was to place it on a tripod (which is legal) and to watch tv. I didn't want to pay this apartments own satellite person $300 to use MY OWN RECEIVERS.

**A: there is more to this story.

 

[facerw]

There's nothing in the house rules that's states I cannot have a dish up. The only thing here is that one of the house rules DOES state no antennas or so can be physically attached to a building (walls, roof, etc). Mine wasn't going to be attached to anything like that, just my tripod.

 

[HomeGuru]

There's nothing in the house rules that's states I cannot have a dish up. The only thing here is that one of the house rules DOES state no antennas or so can be physically attached to a building (walls, roof, etc). Mine wasn't going to be attached to anything like that, just my tripod.

**A: then you have a good case. Stick it up theirs.

 

[facerw]

I'm going too. Fortunately the landlord off the record agrees with me but on the record, he has to obey his manager.

When I was in a previous apartment, he said it was ok providing I do my own repairs and I did. So that was that.

This complex however is stuck in the Regan era and will not adapt. Well guess what? If the Berlin Wall came down, your rules can change as well.

 

[HomeGuru]

I'm going too. Fortunately the landlord off the record agrees with me but on the record, he has to obey his manager.

**A: not true, the landlord is a wimp. Landlord is the lord of the land.
But in your case, you can call him Wimplord.
*******

When I was in a previous apartment, he said it was ok providing I do my own repairs and I did. So that was that.

**A: and that is correct.
*******

This complex however is stuck in the Regan era and will not adapt. Well guess what? If the Berlin Wall came down, your rules can change as well.

**A: that is also correct.

 

[facerw]

I may ask for a temporary restraining order too. After my complaint was issued, I was issued the rent increase. Do you think that's wise considering what happened last time?

 

[HomeGuru]

I may ask for a temporary restraining order too. After my complaint was issued, I was issued the rent increase. Do you think that's wise considering what happened last time?

**A: I think it wise to hire an sob pitbull attorney that likes to eat apt. managers for lunch.

 

[facerw]

Could do that too but I figure I'd want to see if the law can help me in any way.

 

[JETX]

I just moved into a two bedroom apartment with my wife. I wanted to place a satellite dish on my deck and my house rules says it's ok but I cannot physically attach it to the building (Which is cool.)

As per FTC.

Well I presented my request and said that under the rules of the OTARD, you must comply. They responded by slapping an additional $50 charge against me on my rent which I have to pay per month.

Can they do this even though my rent says $1350?

Unless your lease includes a clause allowing a surcharge, the landlord/manager has no legal right to change your lease. Tell them to stick their $50 increase.

How can I challenge it

You 'challenge' it by telling them no. I suggest you do this in writing and keep a copy and time/date/person delivered to.

and how can I make the management company honor it's contract?

If it comes to it, the ONLY way to 'make them comply' with your lease is to litigate.

 

[facerw]

"Unless your lease includes a clause allowing a surcharge, the landlord/manager has no legal right to change your lease. Tell them to stick their $50 increase."

My attorney says somewhat the same thing except ignore it. If they wish to take it to court, the dirty laundry will be shown.

I will try to talk with them after all this. If talking won't help, then we go forward. Let cooler heads prevail I say.