What to do if a New York homeowner raised the rent without notice

Changes to New York's rental laws provided market tenants with some protection. However, you should still be careful. About how to be if the landlord does not want to act within the law, the newspaper writes. The New York Times.

In particular, the publication published a question from a New Yorker who has been renting an apartment at market prices for the past 5 years. Last year, his landlord tried to raise the rent by 10%, but the tenant persuaded him to lower the rate to 6%. “This year, I suspect he will want more and will not be open to negotiations. However, under the new rent law, I must receive 90 days' notice of any rent increase in excess of 5%, he noted. “My rent will go up in two months and I haven't gotten an extension. If the landlord does try to raise the rent significantly at this stage, what options do I have? "

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In its response, the publication recalled that last year, as part of a radical change in state rental laws, the New York City legislature added new rules to notify landlords of higher rental prices. According to the changes, landlords must provide tenants living in apartments at market prices with notice of advance payment in advance.

How the landlord must act

If the landlord plans to increase the fee by more than 5%, or not to renew the lease, he is obliged to notify the tenant of such terms:

• 30 days if they have lived in the apartment for less than a year;
• 60 days if they lived in it for less than two years;
• 90 days if they have lived in it for two years or longer.

At the same time, landlords are not required to notify if the increase is less than five percent.

“At the moment, you don't know the landlord's intentions, but if your fears come true and he ends up sending you an extension with more than 5% rent increases without 90 days notice, you don't have to pay (at least not right away) ", - the message says.

“Rent is a contractual obligation and cannot be imposed,” said Samuel Himmelstein, a Manhattan-based tenant attorney. “If I’m your landlord, I can’t say,“ Your rent increases by 10 percent, you have to agree. ”

How to act to the tenant

First, your landlord needs to know the new rules. Politely explain that you know them too. He will need to either reduce any increase to less than 5%, or send you another extension with due notice in 90 days.

Secondly, as soon as you receive proper notice, you can try to negotiate a lower fee with the landlord. Remember: you always have the right to agree on the terms of your lease.

Third, as disappointed as you are, be diplomatic. The new rules give tenants at market rates a certain degree of protection. But your landlord can still decide not to renew your rent - in your case, with 90 days' notice.