Rent raised over 5%--is this legal?

[FREE866]

Here's the situation.....




My mom lives in NYC...





She rents a market rate apartment and her lease expires 1/31/23. Her current base rent is ~$ 3540 per month. I read that if the building management company intends to raise her rent by more than 5% on the next lease they have to inform my mom no later than 90 days before the next lease begins, which in this case would mean she should receive the new lease by 10/31/22.


She did not received a new lease until 11/12/22





As I previously mentioned, her CURRENT lease base rent is $3540 and terminates 1/31/23. They acknowledged that they can't raise the rent more than 5% because they are not within the 90 day period. However , they extended her current lease to 2/23/23 and now have sent a lease renewal commencing 2/24/23 and raising the rent to $3900 ( over a 10% increase!).


Can they legally just extend her lease without my mom's consent? And then turn around and raise it 10%?


seems very dubious.


What can we do?


thank you

 

[Bamaman]

It all depends on how the lease is written--about going month to month at lease end.

What's so bad is that that's just a normal apartment rental in NYC--probably nothing really nice.

Her alternative would be to move. And needless to say there are tens of thousands of people in the Big Apple monthly moving to lower cost of living places, and I cannot blame them. But home is home--if you have the income to live there.

 

[FREE866]

It all depends on how the lease is written--about going month to month at lease end.

What's so bad is that that's just a normal apartment rental in NYC--probably nothing really nice.

Her alternative would be to move. And needless to say there are tens of thousands of people in the Big Apple monthly moving to lower cost of living places, and I cannot blame them. But home is home--if you have the income to live there.

Thx for taking the opportunity to give your baseless opinion of my moms apartment

 

[W2R]

Thx for taking the opportunity to give your baseless opinion of my moms apartment

What a rude response to Bamaman. It sure doesn't encourage further discussion.

 

[Dtail]

Sounds like a pseudo political statement to me.

 

[FREE866]

What a rude response. It sure doesn't encourage further discussion.

When someone responds with nothing constructive, other than an opinion not based in fact it encourages a rude response

 

[W2R]

When someone responds with nothing constructive, other than an opinion not based in fact it encourages a rude response

Read the first sentence of Bamaman's response. That was a good suggestion - - re-read the lease! But I'm sure that instead of thanking him, you'll just continue to ignore that and any similar constructive suggestions from anybody else.

I would provide some facts backing up the rest of what he said, but your responses are too rude and nasty so I won't bother.

 

[Midpack]

Wow. I’m also puzzled when someone posts a question with a predetermined answer, why bother?

 

[NgineER]

Re-read the lease. They couldn’t extend the term without your mothers approval. But the alternative would be moving out by 1/31/23 unless the lease specifies an alternative specifies something different.

It seems petty to start the new lease on 2/24/23 and not wait until the end of month.

The lease should detail what happens when the lease expires, does it go month to month automatically or something else?

 

[njhowie]

We went through similar a couple weeks ago. DD's landlord attempted to raise the rent on their Astoria rent stabilized apartment 24 hours before the rent was due on Nov 1, which was their lease renewal date. We put a stop to that. Signed a new 2 year lease beginning Dec 1 with 5% increase (no increase in year 2). For a rent stabilized building regulations allow for 2.5% increase for new one year lease or 5% for new 2 year lease.

There is lots of material online about what NYC landlords can and cannot do. Spend some time searching. You may have already found this, but if not, browse through it:

https://rentguidelinesboard.cityofnewyork.us/resources/faqs/rent-increases

I don't think that FAQ covers your specific situation, but continue looking, and on other message boards, you'll likely find someone else who encountered the same and what the resolution was. I'd think what you've encountered is a typical response when a landlord lets notification slip. Be aware landlord may attempt other means to make things difficult, like finding a way not to renew her lease and forcing her out if it could be re-rented for more. As you likely know, NYC rents continue going significantly higher.

Although Bamaman could have said it nicer, his points are good. You/she might use the 90 day period to find a new apartment in a less expensive part of the city. I will tell you that Astoria is experiencing a big revitalization, and lots can be found for much less than the amount your mom is paying. DD was in a 3BR NYC Covid special we lucked into for $1900/month. One year later at renewal they wanted to double it. She moved to Astoria and found the 2BR with much more space for $2000 and loves it as well as the area. She works in the city, and her commute is faster than when she was living in the city.

 

[captain3d]

Everything is negotiable. Find some comparable rents and write back with your suggestion as to what you think is fair

 

[FREE866]

Re-read the lease. They couldn’t extend the term without your mothers approval. But the alternative would be moving out by 1/31/23 unless the lease specifies an alternative specifies something different.

It seems petty to start the new lease on 2/24/23 and not wait until the end of month.

The lease should detail what happens when the lease expires, does it go month to month automatically or something else?

Thank you. I have read it twice and nowhere does it say the lease can be abruptly terminated or extended for any reason

The way I understand it , they screwed up— they couldn’t legally raise it more than 5% because they waited past the 90 day rule so now they are trying to be cute and say “ we will extend your lease and then raise your rent 10% because now this new lease is being delivered over 90 days in advance “.

She’s 83 years old so no way does she want to move. I just have to present the case that raising of rent 10% is not legal.

 

[Winemaker]

My leases give a 60 day notice; my lease gives them 30 days to accept or move out.

Re read the lease; as Bamaman stated earlier, therein lies the answer.

 

[FREE866]

We went through similar a couple weeks ago. DD's landlord attempted to raise the rent on their Astoria rent stabilized apartment 24 hours before the rent was due on Nov 1, which was their lease renewal date. We put a stop to that. Signed a new 2 year lease beginning Dec 1 with 5% increase (no increase in year 2). For a rent stabilized building regulations allow for 2.5% increase for new one year lease or 5% for new 2 year lease.

There is lots of material online about what NYC landlords can and cannot do. Spend some time searching. You may have already found this, but if not, browse through it:

https://rentguidelinesboard.cityofnewyork.us/resources/faqs/rent-increases

I don't think that FAQ covers your specific situation, but continue looking, and on other message boards, you'll likely find someone else who encountered the same and what the resolution was. I'd think what you've encountered is a typical response when a landlord lets notification slip. Be aware landlord may attempt other means to make things difficult, like finding a way not to renew her lease and forcing her out if it could be re-rented for more. As you likely know, NYC rents continue going significantly higher.

Although Bamaman could have said it nicer, his points are good. You/she might use the 90 day period to find a new apartment in a less expensive part of the city. I will tell you that Astoria is experiencing a big revitalization, and lots can be found for much less than the amount your mom is paying. DD was in a 3BR NYC Covid special we lucked into for $1900/month. One year later at renewal they wanted to double it. She moved to Astoria and found the 2BR with much more space for $2000 and loves it as well as the area. She works in the city, and her commute is faster than when she was living in the city.

I appreciate your comments. Thank you
As I mentioned in the above post my mom is 83 years old. She’s not equipped to move. And I also live in the building. So yeah moving out isn’t an option. I need to put together some type of constructive counter to their ask.

 

[njhowie]

The way I understand it , they screwed up— they couldn’t legally raise it more than 5% because they waited past the 90 day rule so now they are trying to be cute and say “ we will extend your lease and then raise your rent 10% because now this new lease is being delivered over 90 days in advance “.

She’s 83 years old so no way does she want to move. I just have to present the case that raising of rent 10% is not legal.

Is it a rent stabilized or rent regulated building? If not then I believe that given the required notice, they can raise it any amount they like.

 

[FREE866]

Is it a rent stabilized or rent regulated building? If not then I believe that given the required notice, they can raise it any amount they like.

Her apartment is market rate. However if the tenant has lived in the apartment for over two years you have to give them a minimum of 90 days notice if you are going to raise the rent more than 5 %. The current lease expires 1/31/23 so they had to notify her by 11/1/22. They did not do that.

 

[Dash man]

Seems to me the end of any lease has three options. Terminating the lease, going month to month or renewal for a year. If it’s month to month (which is likely), you can argue the rent increase can’t take effect until March 1. If it renews for a year, you may have a case. If it terminates, you’re out of luck.

 

[PaunchyPirate]

Seems to me that you need to ask the landlord to point out what permits them to extend the current lease by a month. Perhaps they can point you to language you are not seeing. If not, I would then remind them that they missed the 90 rent increase notification and that you take exception to that. Most leases I've been in thru the years have had a clause that allowed them to go month-to-month at the end of the initial lease period. But I have never lived in NYC.

 

[njhowie]

Her apartment is market rate. However if the tenant has lived in the apartment for over two years you have to give them a minimum of 90 days notice if you are going to raise the rent more than 5 %. The current lease expires 1/31/23 so they had to notify her by 11/1/22. They did not do that.

Right, so you must prove that they are not allowed to unilaterally set her lease renewal 90 days from now.

 

[Buckeye]

Seems to me that you need to ask the landlord to point out what permits them to extend the current lease by a month. Perhaps they can point you to language you are not seeing. If not, I would then remind them that they missed the 90 rent increase notification and that you take exception to that. Most leases I've been in thru the years have had a clause that allowed them to go month-to-month at the end of the initial lease period. But I have never lived in NYC.

Maybe it's worth having a lawyer write this letter.

 

[njhowie]

Her apartment is market rate. However if the tenant has lived in the apartment for over two years you have to give them a minimum of 90 days notice if you are going to raise the rent more than 5 %. The current lease expires 1/31/23 so they had to notify her by 11/1/22. They did not do that.

Have you reviewed this?

https://www.metcouncilonhousing.org...lease-in-an-unregulated-market-rate-apartment

While not specifically calling out your situation, I believe it makes clear that renewal is at the landlord's discretion, and if the landlord has not offered a renewal and it is not automatic as indicated in your lease, it is up to tenant to request the renewal. If not otherwise specified in the current lease as to what happens after it ends, based on the information at that page, I believe the landlord is allowed to do what is being attempted. Lease is going to expire, landlord may have expectation that mom will leave, however is offering you a new lease which you can choose to accept or not. Though little consolation, you may look at it that you are getting an extra month at the current rent.

 

[Texas Proud]

I think you are thinking wrong....



IMO they are not 'extending' her lease but allowing it to go month to month... it happens all the time... there is no requirement to actually sign a new lease... she has the option of moving out at the end of the current lease.... at the end of the extra 30 days they are giving her or sign the new lease and stay...


BUT, they can still give 90 days notice for a rate increase starting in Feb... and then require you mom to either move out or sign a new lease..


I see nothing wrong in what they are doing... just your interpretation of what is going on...


And as for your comment Bamaman.... it probably IS just a small regular apt... I lived in a place that cost over $1 mill and it was just a small regular place... nothing really nice... but in a nice building... (advantage of your company paying for your place)... BTW, it now costs over $2 mill...

 

[cathy63]

I think it's probably legal; I know it would be legal where I live. But this is in NYC. There must be a local tenants' rights group or legal aid org where you could take a copy of the lease and all the correspondence from the landlord and ask this question.

Housing laws are very localized and they change all the time. Getting an answer from someone who knows all the ins and outs of the law in your city is probably your best bet.

 

[FREE866]

Thank you all so much for your insightful and thoughtful comments.

I’m going to review everything with my mom and a friend of mine in the industry.

 

[Irishgirlyc58]

I would contact senior legal services in her area. If they can’t assist I’m sure they know of a housing organization that can.