New York: Repay Backrent

[skuester]

My rental agreement states that my monthly rent is $3,400
starting in June 2000 after an extension has been built (before June the rent was $2,400). I started paying the higher rent promptly in June 2000 but the landlord would continue sending me invoices for $2,400 (indicating that this was the legal base rent). After two months I started paying the lower rent of $2,400. Mid-December he noticed the mistake and asked me to pay the back-rent. Starting in January, I am now paying $3,400 but do I need to pay the back-rent?
A friend of mine told me that NYC law limits the collection time to rectify past mistakes. Is that so?
Thanks in advance.

 

[djdj]

How do you know that is the legal base rent?

Have you checked out the rental history at DHCR?

Is this a private home or an apartment building with 6 or more units? do you or did the last tenant have a rent stabilized lease?

if they did then the rent increase for the addition, may and i stress may be illegal, The landlord cannot increase the rent untill the addition is finished and ONLY if you agree to pay the higher rent, and if the extention is a not considered a living area, with windows, heat etc, then its ususally not considered an improvement to jack up the rent.

And YES there is a "Stale rent law" in NYCity, if the landlord does not ask for the back rent, or sues you usually within 3 months, as this is the case, you are not obligated to pay it back, but of course He will NEVER give you a renewal lease, unless you are rent stabilize and are entitled by law to a renewal.

 

[skuester]

NYC Stale Rent Law

This is actually an apartment building with > 6 units. In the original contract it said that the rent is stabilized. Later I received a letter from the landlord indicating that this was not the case. The extension adds a second bedroom on a second floor and I agreed to pay the higher rent.
Interesting, that there is a NYC Stale Rent Law. So, if I have backrent from the period June 2000-December 2000 they cannot ask for the backrent from June, July, August, and September as the three months period has passed? Can I obtain the text of the law somewhere?
Thanks again.

 

[djdj]

The law is 6 or more apartments as of June 1974 usually qulifies as rent stabilized....

Now if the landlord tried to skirt the law and combined an apartment to make 5 ... then they are still rent stabilzed.

You will have to go to DHCR with your lease and get a rent printout of your aparment. The landlord maynot be able to charge you that rent.....

OR do you make over $175,000 a year.....the landlord can get your last 2 years earnings and if its over that, then the landlord can deregulate the apartment forever!

Bu first you need to take a day or two off from work and goto DHCR and the buildings dept, and see how many apartments are legally on the Certificate of Occupancy.

Also are their any constrution permits for the addition?
what is underneath you on the first floor? another bedroom?

If the landlord makes the apartment bigger or smaller he can charge a First rent....but this sounds very very fishy

[Edited by djdj on 02-08-2001 at 03:09 PM]