Q: Our condominium is roofed by the Good Trigger Eviction legislation. Final yr, shortly after the legislation took impact, the owner’s agent tried to boost our lease 16 p.c on a one-year lease. We advised them concerning the allowable restrict beneath the legislation, which was 8.82 p.c. They instantly lowered it to that restrict for the one-year lease. However now they need a 20 p.c enhance on our new lease. We’re not conscious of any purpose we’d not be lined by this legislation. Can they merely ignore the bounds and attempt to cost no matter they need except the tenant speaks up? What can we do?
A: It feels like you should alert your landlord, once more, to your protections beneath the Good Trigger Eviction legislation, which applies to New York Metropolis and different state municipalities that decide into it.
The legislation typically prevents sure landlords from elevating market-rate rents past 5 p.c plus the native fee of inflation, as much as 10 p.c. The inflation determine adjustments yearly, and is revealed by the New York State Division of Housing & Group Renewal. On Feb. 19, the state revealed a discover stating that the Shopper Worth Index rose by 3.79 p.c in New York Metropolis prior to now yr, making the authorized enhance there 8.79 p.c.
Some properties are exempt from the legislation, together with these owned by small landlords (in New York Metropolis this implies somebody who owns 10 models or fewer in New York State) and flats in rental or co-op buildings. Landlords also can argue to a courtroom that they should elevate the lease past the native commonplace due to important repairs or tax payments.
The last word decider on whether or not a lease enhance is permissible beneath the legislation is a choose in housing courtroom or one other courtroom, mentioned Jonathan Steckler, who represents landlords on the agency Goldberg, Lustig & Steckler. Landlords who’ve an exemption to the legislation should present that data to tenants on the first lease, the lease renewal, or earlier than suing a tenant in courtroom.
“Many landlords will both supply leases with improper lease will increase both out of error or in hopes tenants gained’t discover,” mentioned Ami Shah, deputy director of citywide housing at Authorized Companies NYC.
It is best to remind your landlord’s agent in writing of your safety beneath the Good Trigger Eviction legislation, and that the proposed enhance is unlawful. Point out in your letter that this additionally occurred final yr, and that you just count on it gained’t be an ongoing problem. Your landlord ought to present a brand new, authorized lease renewal with an applicable lease enhance, Ms. Shah mentioned.
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