Legal Question in Landlord & Tenant Law in New York

Being transferred from one apt to a smaller apt

I was placed in an apt as a part time superintent of a building. The apt is a 2 bedroom apt with a comb.living room, dining area, & kitchen. The approx. rent is $900/mo. My rent was lowered to $600/mo.with the condition that I would maintain the bldg. clean weekly. Instead of paying me a salary for the janitorial duties, the owners said they would be placing the difference in escrow to enable me to buy that building in about 5 yrs. I've been there one year so far. Now the owners of the bldg.feel that the part-time arrangement is not to their advantage any longer & have taken my janitorial duties away & given it to someone else full time. In addition, now they tell me that my apt. is a large one and they would have to move me to a smaller apt. so that they wouldn't have to raise my rent. They said they would be finding a place for me within a month. I am divorced and needed the extra bedroom for my 3 daughters ages 11,9,4 which I get every other weekend without fail. I did sign a one-year lease. Can they do this to me? What about the money in this escrow account, since I'm longer the janitor -- no money will be going into that account any longer?


Asked on 3/05/04, 2:55 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Being transferred from one apt to a smaller apt

There are several issues involved. Was the escrow agreement in writing? Did you ever do any requirements with respect to your apartment other than paying your monthly rent? did you pay taxes or tohr bills exhibited with ownership? Was your lease still in effect when the rent was changed? IF you can show any actions that show ownership or preparantion for ownership on your part or if there was a written agreement you may be able to press it a claim, otherwise you probably can only show that you had discounted rent for a year. That in itself isn't a bad thing.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 3/08/04, 9:46 am


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