Q: Our house is roofed by the Good Trigger Eviction regulation. Final 12 months, shortly after the regulation took impact, the owner’s agent tried to lift our hire 16 p.c on a one-year lease. We instructed them concerning the allowable restrict underneath the regulation, 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 improve on our new lease. We’re not conscious of any cause we might now not be coated by this regulation. Can they merely ignore the boundaries and attempt to cost no matter they need until the tenant speaks up? What can we do?
A: It feels like you have to alert your landlord, once more, to your protections underneath the Good Trigger Eviction regulation, which applies to New York Metropolis and different state municipalities that decide into it.
The regulation 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 modifications yearly, and is revealed by the New York State Division of Housing & Neighborhood Renewal. On Feb. 19, the state revealed a discover stating that the Client Value Index rose by 3.79 p.c in New York Metropolis prior to now 12 months, making the authorized improve there 8.79 p.c.
Some houses are exempt from the regulation, 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 condominium or co-op buildings. Landlords may argue to a court docket that they should increase the hire past the native normal due to vital repairs or tax payments.
The last word decider on whether or not a hire improve is permissible underneath the regulation is a choose in housing court docket or one other court docket, mentioned Jonathan Steckler, who represents landlords on the agency Goldberg, Lustig & Steckler. Landlords who’ve an exemption to the regulation should present that data to tenants on the first lease, the lease renewal, or earlier than suing a tenant in court docket.
“Many landlords will both supply leases with improper hire will increase both out of error or in hopes tenants gained’t discover,” mentioned Ami Shah, deputy director of citywide housing at Authorized Providers NYC.
You must remind your landlord’s agent in writing of your safety underneath the Good Trigger Eviction regulation, and that the proposed improve is illegitimate. Point out in your letter that this additionally occurred final 12 months, and that you just count on it gained’t be an ongoing difficulty. Your landlord ought to present a brand new, authorized lease renewal with an acceptable hire improve, Ms. Shah mentioned.
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