[Flexichick]

Ok, my landlord just threatened me with eviction because I told him what the heating law is.

Please give me some guidance as to what rights/groups/attorneys, etc. I have at my disposal to deal with him.

I'm very freaked out now.

[Drano]

Are you in a rent stabilized apartment?

[Flexichick]

No, but he wants me out so he can get more.

I want to find out legal options, etc.

[linusvanpelt]

This may already be obvious, but your first stop should be www.tenant.net. I believe you can find references to attorneys there. You can also try posting in the Brownstoner forums -- people have sometimes offered similar legal advice there.

A big question, besides whether you are rent-stabilized is what "evict" means here. If it means, "boot you on the street right now," you have more options and a stronger case than if it means, "choose not to renew your lease when it comes up." Another factor is how many units your building is, which will affect what con of coverage you have under rental and tenants' law.

If bottom line he wants you out so he can charge more, and he's not trying to terminate the lease early, and you are not rent-stabilized, I'm not sure you have a lot of recourse--that is, in that case, he can ask whatever he wants to charge in a new lease and you can accept it or not.

If he's within his legal rights not to renew your lease, my general understanding is that you can make things difficult for him if you just refuse to leave -- but eventually he will get you out, though it may take months. Anecdotally (I've never tried this myself) I don't think this is worth it: in the long run you still need to find a new place and may have a much harder time of it with a court-ordered eviction on your record.

In any case, you should keep a record of your dealings and exchanges with him, and preferably communicate with him in writing, so that there's a paper trail.

Good luck.

[vanilla]

[Flexichick]

I have a lease that goes through October of 2007.

He never wants to make repairs....everything is an issue. Missed appointments, won't paint, commits to things and then doesn't do them, etc.

I asked him on Sept. 1st to make repairs to the bathroom radiator which stopped working in Nov. of last year (I had no heat at all in the bathroom for the rest of the heating season). I put a note in with my September 1 rent payment asking him to fix it by Oct. 1st.

Now he's saying he doesn't need to put the heat on until Oct. 15th or whenever he wants. He doesn't believe in the law, and he told me so.

He told me he's going to have an inspector here to try to find out if I've done any damage to his house (no damage, but normal wear and tear to wood floors, etc. after 9 years of living here).

I think the law favors me and he's just harassing me. He's already told me many times he wants me out and to raise the rent.

I'd like to find a good lawyer, etc. to know excatly what my rights are and how to deal with him.

[Flexichick]

[BrooklynJack]

Don't freak out, document. Start a log book and mark down all the times you should have had heat but didn't. Here's another reference to the heating law and other tenant rights.
http://www.oag.state.ny.us/realestate/habitability.html


To tell the truth though I don't think it has been cold enough for the heat to come on, if it should and doesn't call 311

[mykidissmarterthanyourmom]

File a complaint with the department of buidings/housing. You can go to the civil court in brooklyn to get all the forms and instructions to follow through with a formal complaint. If he trys to evict you after that it will look like a retaliatory eviction (not allowed).

Also, he can't kick you out for no reason. He could kick you out for non-payment, holdover (staying after your lease it up), or some material breach of the lease.

In any event it would take a long long time for him to actually evict you. It's a time consuming process, especially in brooklyn.

Call and complaint to the department of buildings/housing. Wait a week, then go to court and either file an order to show cause to have the landlord fix the problems or see about starding a HD proceeding.

[Flexichick]

[escap]

Are there any other tenants in your building? Have you spoken with them? I'd imagine that if you're cold then you're not the only one. What are other people saying?

[Flexichick]

Nope. Just me.

[raw]

[raw]

Hang in there, Flexichick.

HARASSMENT

A landlord may not take any action to unlawfully force a rent regulated tenants to vacate their apartments or to give up any rights they have under the rent laws. Landlords found guilty of harassment are subject to fines of up to $5,000 for each violation. Tenants may contact DHCR if they believe they are the victims of harassment. Under certain circumstances, harassment can constitute a class E felony. (Penal Law Article 241)

UTILITY SERVICES HEATING SEASON

Heat must be supplied from October 1 through May 31, to tenants in multiple dwellings if: a) the outdoor temperature falls below 55 degrees Fahrenheit, between 6 A.M. and 10 P.M., each apartment must be heated to a temperature of at least 68 degrees Fahrenheit; (b) the outdoor temperature falls below 40 degrees Fahrenheit, between the hours of 10 P.M. and 6 A.M., each apartment must be heated to a temperature of at least 55 degrees Fahrenheit. (Multiple Dwelling Law § 79)

TRUTH IN HEATING

Before signing a lease requiring payment of individual heating and cooling bills, prospective tenants are entitled to receive from the landlord, a complete set or summary of the past two years' bills. These copies must be provided free upon written request. (Energy Law §17-103)

[Boygabriel]

Also for what it's worth, you're perfectly within your legal right to get many of these repairs done yourself and take the money out of your rent. Just continue to document everything (photos, records of efforts to contact him, etc).

Truthfully he actually owes you a rent abatement for some of those inconveniences (non-working stove, radiator, etc), but that's another whole ordeal itself.
_________________
Spend a buck, light a number for one the 400,000 victims in Darfur: darfurwall.org

[Boygabriel]

While we're on the topic of landlords, does anyone know the answer to this question: is the landlord responsible for taking trash out to the curb on trash day?

I live in a non-rent-controlled 'brownstone', it's me and a tenant family upstairs (ie two unit-bldg). We have trash cans out in our front area, and my landlord and i don't know who's responsibility it is to tie up the bags and put them out on trash day.

Anyone know?
_________________
Spend a buck, light a number for one the 400,000 victims in Darfur: darfurwall.org

[Flexichick]

Thanks, everybody.


I feel better knowing that the law is on my side, and I'm going to see if I can have a guy friend come stay with me for a few days just to make me feel more comfortable.


As far as the trash question, I don't know. As a tenant, I do it if I seem to be the first one who notices. It's never been discussed and one of us or the other just seems to do it.

[Boygabriel]

Be strong!

He's totally talking shit and intimidating you and he knows it. No landlord in the city would honestly believe he can do half the shit he's tried to pull on you. He's in the wrong, legally, on pretty much everything you've described here.
_________________
Spend a buck, light a number for one the 400,000 victims in Darfur: darfurwall.org

[Flexichick]

Seriously, I just wish I had a roommate/boyfriend/brother/cousin, etc. who could get in his face and yell right back at him. I know he pulls this shit because he thinks I'll be intimidated.

He has huge personal issues and is the type of person who thinks that the whole world is taking advantage of him and that he's a good person and that I should be kissing his ass that he lets me live here at below market rate (yes, it's a bit below market, but I'd rather pay market rate and have no issues than this type of shit, and it's not like I'm paying peanuts....the rent has gone up 30% or so in the past few years).

[armchair_warrior]

sorry to hear about this. stay strong and teach this sob a lesson. but dont confront him with yelling and stuff no point in that. stay calm and maybe buy like one of these just incase http://www.4hiddenspycameras.com/spycam24hids.html .

[brooklynpotter]

[Flexichick]

I'm going to if it happens again. I'm sick of this shit.

[brooklynpotter]

[Flexichick]

All true. The more distance I get from him yelling at me, the stronger I feel. I'm not a victim and I'm tired of walking on eggshells and kissing ass just to get him to obey the law only to have him flip out on me on a regular basis.

I also feel better knowing that the law is on my side.

As I continue to take action (documenting, seeing the lawyer, etc.) I feel stronger.

Thanks for everybody's support!

[linusvanpelt]

[Flexichick]

[quote="linusvanpelt"]

[linusvanpelt]

[Flexichick]

You have a point. He doesn't want to do the repairs and he probably factored that in when deciding how much to charge me.



I know he pulls out the rent rate issue whenever he doesn't want to make a repair.



That said, I know I've kept this place in fine condition and I think if it came down to it he'd be fined for peeling paint, failing to make repairs, the kitchen floor, water damage to the ceiling, etc. etc. etc.

In the end, I don't want to go down that road. I just want to live out my lease for another year in PEACE.

I know my job situation will change by then and I'll be in a better financial position to find a place where I can live without the battles that this guy likes to engage in.

The whole thing is making me tired!

[cheflady]

www.nolo.com

[Boygabriel]

[armchair_warrior]

[pitu]

[linusvanpelt]

[Flexichick]

Aha! Landlord just told me he's going to back off because he doesn't want lawyers involved and he will have the heat on by Friday at the latest (I don't need it now, but will if it gets cold this weekend) as soon as the pipe repairs are finished.

He told me he will not raise his voice to me again (I talked to his mother and told him it was simply unacceptable for him to be screaming at me and if he continued things were going to escalate, which was not what I was looking for).

I also made sure that he heard me on the phone with a lawyer and talking about the peeling paint, kitchen floor, etc. and realized he'd be in for a long and costly battle.

I'm relieved. I didn't want this shit and stress to begin with. I just want him to make repairs as needed, obey the heat laws and talk to me like an adult with respect and not make me feel threatened in my apartment.

I'm still documenting it all in case he ever loses his shit with me again!

[Boygabriel]

* * stands and applauds * *

well done.

each landlord is different, it sounds like this one is affected by threats of lawyers. that's a useful tool.

out of curiosity, how old is he? is his mom a co-owner?
_________________
Spend a buck, light a number for one the 400,000 victims in Darfur: darfurwall.org

[Flexichick]

He's in his late 40s and has some serious anger issues and seems to think he can just bully anybody

His mom is the primary owner, but he may have managed to get power of attorney or possibly co-ownership

[linusvanpelt]

[quijibo]

congratulations! i'm glad you were able to resolve this

[brooklynpotter]

brava!
_________________
what would you tell me, if i could hear you speaking?--t.r.

[Flexichick]

Thanks everybody. It's a big relief!

[armchair_warrior]

cong rats, i still think you should get some sort of camera system to just incase get him.

[sweet tea]

[armchair_warrior]

[sweet tea]

[armchair_warrior]